HomeMy WebLinkAboutbocc.ord.051.2018 CONTRACT
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AN ORDINANCE OF THE BOARD OF COUNTY COMIMISSIONERS OF PITKIN
COUNTY, COLORADO ACCEPTING AN AMENDED RESTRICTIVE COVENANT
FROM GRACE CHURCH OF THE ROARING FORK VALLEY, INC.
ORDINANCE NO.057-2018
RECITALS
1 Pursuant to C.R.S. § 30-35-301, the Board of County Commissioners (the
"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; and
2. Pursuant to Section 2.8.1 of the Pitkin County Home Rule Charter, the Board of
County Commissioners of the County of Pitkin, Colorado (the "BOCC") is authorized to take
official action by Ordinance for certain matters as set forth in the Home Rule Charter as well as
the Colorado Revised Statues as amended; and
3 Section 2.8.1.1 of the Pitkin County Home Rule Charter provides that official action
by ordinance shall be required for the"granting of easements in public lands, acquisition, vacation,
sale, or purchase of any real property asset, lease in excess of one year of public lands. and
authorization of proceedings in eminent domain," and
4 Grace Church of the Roaring Fork Valley, Inc ("Grace Church") is the owner of
certain real property constituting approximately seventeen and one half(17 5) acres located in a
portion of Pitkin County, Colorado generally known as Emma (the "Grace Church Parcel'). The
Grace Church Parcel has a street address of 1776 Emma Rd., Basalt, Colorado 81621
5 The Board of County Commissioners of Pitkin County, Colorado (the "BOCCI,
by Resolution No 005-2008, approved with conditions a land use application (the"Application')
submitted by the Grace Church for Special Rei iew, GMQS Exemption for an Essential
Community Facility. 1041 Hazard Re,. ew and Conceptual Submission (the "2008 Land Use
Appros al ') Resolution No. 005-2008 is recorded in the real property records of the Pitkin County
Clerk and Recorder's Office at Reception No 545760. and
6. 'Ihe BOCC,by Resolution No 061-20(18,authorized and appimed a settlement and
release agreement (the "Settlement Agreement') in Gnar CLurrd r lhmr! o/ Count
('nnunn vomit uJ Pith in ('omit I CR d Acton No (15-Li-01673-RPM-CBS). which in pail
resulted in the 2008 Land Ilse Appro al Resolution No. 061-2008 is recorded in the real property
records of the Pitkin County Clerk and Recorder's Office at Reception No. 551840, and
7 The BOCC. by Ordinance No 020-2008, accepted a restrictive coxenant from
Grace Church limiting future use and development of the Grace Church Property (the "Grace
Church Property RestrictiN c Covenant") Ordinance No. 020-2008 is recorded in the real property
records of the Pitkin County Clerk and Recorder's Office at Reception No. 551299 The Grace
Church Property Restrictive Covenant is recorded in the real property records of the Pitkin County
Clerk and Recorder's Office at Reception No 551300, and
1111111111111IIIIIIIIIIIIIIIII1IINIII1I1II11111111111111IIIIIIIIIIIIII 1111
RECEPTION#'653373, R. $0.00, 0:90.00
DOC CODE: ORDINANCE
Pg 1 of 13,01/15/2019 at 04:13:37 PM
Janice K.Vos Caudill, Pitkin County, CO
R The BOCC, by Ordinance No 040-2018, authorized the acquisition of
approximately ten 110) aces of the Grace Church Parcel, utilizing Pitkin County Open Space and
Frail funds (the "Open Space Parcel') Ordinance No 040-2018 is recorded in the real property
records of the Pitkin County Clerk and Recorder's Office at Reception No. 651406, and
9. To effectuate the acquisition of the Open Space Parcel,Grace Church has submitted
an application with the Pitkin County Community Development Department for Open Space
Subdivision Exemption for the Grace Church Parcell the"Subdivision Exemption') The BOCC
considered the Subdivision Exemption on December 5, 2018, and
10 Grace Church desires to grant Pitkin County an Amended and Restated Restrictive
Covenant for the Grace Church Property, and
11 The BOCC desires to accept from Grace Church an Amended and Restated
Restrictive Covenant for the Grace Church Property, and
P. Along with the acquisition of the Open Space Parcel from Grace Church and as
consideration for granting the Amended and Restated Covenant, the BOCC agrees to pay Grace
Church the amount of SIX HUNDRED THOUSAND and 00/100 DOLLARS ($600,000.001; and
13 The BOCC finds that adoption of this Ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this Ordinance to he effective immediately upon adoption.
NOW THEREFORE, BE IT ORDAINED that the Board of County Commissioners of
the County of Pitkin, Colorado, hereby adopts this Ordinance of the Board of County
Commissioners of Pitkin County, Colorado Accepting an Amended Restrictive Covenant from
Grace Church of the Roaring Fork Valley, Inc The Chair of the Board of County Commissioners
of the County of Pitkin, Colorado is further authorized to execute such documents as necessary to
consummate this transaction subject to the recommendation for approval as to form by the County
Attorney.
2
INTRODUCED AND FIRST READ ON THE S`L' DAY OF Vtt`e m r 20/`a AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE Ida DAY OF
e.tnkv, 20 (5
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
OR ANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 6 oti _ DAY
OF Ce .al 201 `6
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE (tt vt\t.pnl.incouni, Loin ) ON THE Lel
DAY OFQ, e..eiet-b-c.r _ 20 (`i
4QOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE �Q " DAY OF
,j ,LC;,ttI-N.,, 201Y
PUBLISHED BY TITLE AND SHORT SUMM1N1QRY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 47 DAY OF `(Ua¢i N..y.z, 20(ei
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE I u o tt pitkincounty coin) ON THE DAY OF „y” 20L5(
ATTEST' BOARD OF COUNTY COMMISSIONERS
i
By i, ' 1. j/'.iA6 _ By: L C CO-FFEi
.leanet e Jones Patti Clapper, Chair u
Dept' County Clerk
Date: U7 - Oil) -.Jt i 7
APPRO1 AS TO FORM. MANAGER APPROVAL
Y: i edBY L ar
Rit ._ elle': SII Jon 'eacock, County Manager
As- /ounty Attorney
3
4X, 1
AMENDED AND RESTATED RESTRICTIVE COVENANT FOR THE GRACE
CHURCH PROPERTY
THIS AMENDED AND RESTATED RESTRICTIVE COVENANT FOR THE GRACE
CHURCH PROPERTY ("Amenr''d Restrictive Covenant") is made and entered into this
day of_ 201p(the "Effective Date") by and between GRACE CHURCH OF
THE ROARING FPYMRIi VALLEY, INC. ("Grantor"or"Grace Church")a Colorado not-for-profit
corporation whose principle office street address is 1776 Emma Road, Basalt, Colorado 81621 and
the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO("Grantee"
or the 'BOCC"). a body corporate and politic whose address is 530 East Main St., Suite 302,
Aspen. Colorado 81611. Grantor and Grantee are sometimes referred to collectively herein as the
"Parties "
RECITALS
WHEREAS, Grantor is the owner of certain real property comprising approximately 7 453
acres (the"Grace Church Parcel")located in unincorporated Pitkin County,having a street address
of 1776 Emma Road, Basalt, Colorado, 81621 which is depicted as Lot 1, Grace Church Parcel,
on the Grace Church Subdivision Exemption Plat recorded in the real property records of the Pitkin
County Clerk and Recorder's Office at Reception No. - . A copy of
the Grace Church Subdivision Exemption Plat is appended hereto as Exhibit A; and
WHEREAS, Grantee is the owner of certain real property depicted on the Grace Church
Subdivision Exemption Plat as Lot 2, Open Space Parcel (the "Open Space Parcel"), and
WHEREAS, the BOC'C, by Resolution No. 061-2008, authorized and approved a
settlement and release agreement (the "Settlement Agreement") in Grace Church r Board of
Comm Conunissm,ers of Pilkm Cwmtr (Civil Action No 05-cv-01673-RPM-CBS). Resolution
No 061-2008 is recorded in the real property records of the Pitkin County Clerk and Recorder's
Office at Reception No 551840: and
WHEREAS, (the'BOCC"), by Resolution No. 005-2008, appro\ed ith conditions a land
use application (the "Application") submitted by the Grace Church for Special Review, GMQS
Exemption for an Essential Community Facility, 1041 I lazard Review and Conceptual Submission
(the"2008 Land Use Approval") Resolution No. 005-2008 is recorded in the real property records
of the Pitkin County Clerk and Recorder's Office at Reception No 545760; and
WHEREAS, in accord with the provisions of the Settlement Awecment and the 2008 Land
Use Approval, the BOCC,by Ordinance No. 020-2008,accepted a restrictive covenant from Grace
Church limiting future use and de\clopnient of the Grace Church property (the "Grace Church
Property Restrictive Covenant") as set forth therein. Ordinance No 020-2008 is recorded in the
real property records of the Pitkin County Clerk and Recorder's Office at Reception No 551299
The Grace Church Property Restrictive Covenant is recorded in the real property records of the
Pitkin County Clerk and Recorder's Office at Reception No. 551300; and
WHEREAS, the Settlement Agreement, the 2008 Land Use Approval, and the Grace
Church Property Restricti'.e Covenant vested, in perpetuity. Grace Church with the right to
1
construct certain improvements on its property, which improvements are enumerated in the 2008
Land Use Approval tnemorialiied as BOCC Resolution No. 005-2008 (the "Improvements"); and
WHEREAS, pursuant to BOCC Ordinance No, 040-2018, the BOCC authorized the
acquisition of Pitkin County's interest in the Open Space Parcel from Grace Church; and
WHEREAS, in connection with the acquisition of the Open Space Parcel, the BOC'(' and
Grace Church have mutually agreed to a modification of the Grace Church Restrictive Covenant
for the purpose of clarifying the permitted uses of the Grace Church Parcel as well as for the
purpose of releasing the County owned Open Space Parcel from the Grace Church Property
Restricts e Covenant: and
WHEREAS, by the execution of this Covenant, Grantor desires to convey to Grantee, and
Grantee desires to accept, an Amended Restrictive Covenant for the Grace Church Property upon
the terms and conditions herein provided.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in further consideration of terms, conditions, covenants and
mutual promises contained herein, the parties hereto agree as follows
Release of Grace Church Restrictive Covenant. The BOCC and Grace Church
hereby release the original Grace Church Property Restrictive Covenant recorded in the real
property records of the Pitkin County Clerk and Recorder's Office at Reception No. 551300 and
all property encumbered thereby
2. Property Burdened by Amended Restrictive Covenant. Grace Church hereby
covenants and restricts the Grace Church Parcel in perpetuity as set forth herein.
3 Permitted Uses of the Grace Church Property.
Permitted uses of the Grace Parcel include uses that further Owner's religious purposes,
including secular activities and events that are reasonably consistent with Owner's religious
purposes. For purposes of clarity and not limitation, the following are examples of permissible
uses: church services, weddings, community gatherings and celebrations, artistic performances
and speaking events, a pre-school, funerals, baptisms, quinceafieras, plays, bible studies and
retreats, and community and government services such as polling and election centers. These uses
are consistent with the religious purposes of the Grace Church and are not subject to the provisions
of the Pitkin County Land Use Code. Grace Church acknowledges that it may be required to obtain
State or federal approvals for its uses. Grace Church may also utilize its property for any other
uses allowed in the underlying zone district, subject to compliance with the applicable provisions
of the Pitkin County Land Use Code for that use
4. Development Restrictions of the Grace Church Property Grace Church shall be
entitled to rely upon and be vested in perpetuity in the Land Use Approval reflected in Pitkin
County BOrF Resojution 005-2008 (Reception No. 545760) as amended by BOCC Resolution
No. _ _ ("Land Use Approvals") Improvements and development of
2
the Grace Church Parcel shall be configured and situated as depicted on the Site Plan appended
hereto as Exhibit B. Grace Church is perpetually ested in its right to construct the improvements
included in the Land Use Approvals in the locations depicted on Exhibit B. Grace Church
recognizes it must still obtain appropriate building and construction activity permits as applicable
for development approved in the Land Use Approvals . Grace Church may pursue development
on the Grace Church Parcel beyond what is permitted by the Land Use Approvals and such
development shall be deemed consistent with this covenant to the extent such further development
is consistent with Pitkin County's then existing regulatory constraint for other properties in the
same zone district; provided, however, that this Covenant does not provide Grace Church with a
future right of approval nor obligate Pitkin County approve or deny a future land use application.
Pitkin County shall review any future land use application for the Grace Church Parcel according
to Pitkin County's then existing land use regulations.
5. Enforcement. The provisions of this Covenant shall constitute co%enants that run
with and are an appurtenant to the title of the Grace Church Parcel for the benefit of Pitkin County.
This restrictive CON enant shall be fully enforceable by all parties hereto in an action at law or equity
or both to secure compliance, including but not limited to, seeking injunctive relief and/or specific
performance requiring the parties, or their successors, to comply with the provisions of this
Covenant, including hut not limited to seeking injunctive relief and/or specific performance
requiring both parties or their successors to permit the permitted activities and/or cease and desist
all activity in violation of the terms of this Covenant and to return the parties and the Grace Parcel
to a state of compliance.
6 Notices, Any notice required or permitted under this Covenant shall he in writing
and shall he hand-delivered or sent by registered or certified regular mail. postage pre-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 should be sent, Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Grantor Pitkin County: with copies to'
County Manager Pitkin County Attorney's Office
530 East Main St., Suite 302 530 East Main St., Suite 301
Aspen, Colorado 81611 Aspen. Colorado 81611
Email'ion peacock r LTi,Ii cou t' rom Email: ai ommot okinci mE\ corn
To Grantor'
Grace Church
1776 Emma Rd.
Basalt, Colorado 81.012
Email:
7. Binding Effect-Covenants Running with the Land. This Covenant shall he binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns
forever and the benefits and burdens hereof shall constitute covenants running with the title to the
Open Space Parcel and the Grace Church Parcel, respectively. Notwithstanding anything to the
3
contrary, this easement maybe subject to existing easements of record or accruing under common
law.
8. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terms of this Covenant or the rights and obligations of the parties hereto,
the substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attorney fees.
9. No Waiver of Governmental Immunity. Grantee, its directors, officials, officers,
agents, and employees arc relying upon and do not waive or abrogate, or intend to waive or
abrogate by any provision of this Covenant the monetary limitations or any other rights,
immunities, or protections afforded by the Colorado Governmental Immunities Act, C.R.S. §§ 24-
10-101, et seq., as it may be amended from time to time.
10 No Assignment Without Written Consent. Grantee shall not,without first obtaining
the prior written consent of Grantor, sell, assign, transfer, encumber, hypothecate, or sublease any
or all of the rights, interests, or obligations under this Covenant.
11. Entire Covenant. This Covenant constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof All preceding
representations or agreements relating to the subject matter hereof, whether written or oral, are
hereby merged into this Covenant.
12. Modification. No provision or term of this Covenant may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
13. Severability. If any term or provision of this Covenant shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute, the remaining
terms and provisions of this Covenant shall continue to exist and shall be valid and enforceable to
the fullest extent permitted by law.
14. Waiver. Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall be direct or implied, shall not he construed as a
continuing waiver of or consent to any subsequent breach of this Covenant on the part of the other
party.
15 Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
16. Counterparts. This Covenant may be executed in counter-parts and, as executed,
shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the original or same counterpart
17. Governing Law and Venue. This Covenant shall be governed and construed in
accordance with the laws of the State of Colorado Venue for all actions arising under this
Covenant shall he Pitkin County, Colorado
4
I A. Recordation. Upon execution by the parties, this Covenant shall he recorded in the
real estate records of Pitkin County. Colorado,
19. Authority to Sign. The parties acknowledge and represent to each other that alt
procedures necessary to validly contract and execute this Covenant have been performed and that
the persons signing for each party have been duly authorized to do so.
[Signature Pageis) Follow]
S
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BOARD OF COUNT% COMMISSIONERS OF PITKIN COUNTY
By:
Patti Clapper. Chair
APPROVED TO FORM:
By:
Richard Y. Neiley III, Assistant County Attorney
STATE OF COLORADO
ss
COUNTY OF PITICIN
The foregoing was acknowledged before me this day of 2018 by
Patti Clapper as Chair of the Board of County Commissioners of Pitkin County.
Witness my hand and official seal
My commission expires:
Notary Public
6
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of
the day and year first above written.
Grace Church of the Roaring Fork Valley, Inc., a Colorado not-for-profit corporation
By:
STATE OF COLORADO )
) ss
COUNTY OF _ 1
The foregoing was acknowledged before me this day of by
as of Grace Church of the Roaring Fork Valley,
Inc. a Colorado not-for-profit corporation.
Witness my hand and official seal.
My commission expires.
Notary Public
7
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Exhibit B
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ACTIVITY ENVELOPE AND SITE PLAN
-
PROPERTY 111E EMMA ROAD I r —
GRACE
sPmE CHURCH
EXEMPTION APPLICATION
CONTRACT
# - `'2U2r-/ ee
AMENDED AND RESTA'T'ED RESTRICTIVE COVENANT FOR TILE &NAL C.
CHURCH PROPERTY
THIS AMENDED AND RESTATED RESTRICTIVE COVENANT FOR THE GRACE
CHURCL PROPERTY ("Amended Restrictive Covenant") is made and entered into this /,r'-
day of 1 2018 (the"Effective Date")by and between GRACE CI TORCH OF
THE ROARING FORK VALLEY, INC. ("Grantor"or"Grace Church")a Colorado not-for-profit
corporation whose principle office street address is 1776 Emma Road,Basalt,Colorado 81621 and
the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO("Grantee"
or the "BOCC"), a body corporate and politic whose address is 530 East Main St., Suite 302,
Aspen, Colorado 81611 Grantor and Grantee are sometimes referred to collectively herein as the
"Parties."
RECITALS
WI IEREAS,Grantor is the owner of certain real property comprising approximately 7.453
acres(the"Grace Church Parcel")located in unincorporated Pitkin County, having a street address
of 1776 Emma Road, Basalt, Colorado, 81621 which is depicted as Lot 1, Grace Church Parcel,
on the Grace Church Subdivision Exemption Plat recorded in the real property records of the Pitkin
County Clerk and Recorder's Office at Reception No. (053}2 . A copy of
the Grace Church Subdivision Exemption Plat is appended hereto as Exhibit A; and
WHEREAS, Grantee is the owner of certain real property depicted on the Grace Church
Subdivision Exemption Nat as Lot 2, Open Space Parcel (the"Open Space Parcel"); and
WHEREAS, the DOCC, by Resolution No. 061-2008, authorized and approved a
settlement and release agreement tthe "Settlement Agreement") in Grave Church v Board uJ
County Curruniesionets ul Pith!, Cuwlty(Civil Action No. 05-cv-01673-RPM4'BS). Resolution
No. 4)61-2008 is recorded in the real property records of the Pitkin County Clerk and Recorder's
Office at Reception No. 551844 and
WHEREAS.(the'BOC'C'), by Resolution No. 005-2008, approved with conditions a land
use application (the "Application") submitted by the Grace Church for Special Review, CMOS
Exemption for an Essential Community Facility, 1041 Hazard Review and Conceptual Submission
(the"2008 Land Use Approval"). Resolution No.0115-2008 is recorded In the real property records
of the Pitkin County Clerk and Recorder's Office at Reception No. 545760, and
WHEREAS, in accord with the provisions of the Settlement Agreement and the 2008 Land
Use Approval,the BOUC',by Ordinance No 020-2008,accepted a restncdi e covenant from Grace
Church limiting future use and development of the Grace Church property (the "Grace Church
Property Restnetive Covenant") as set forth therein. Ordinance No. 0202008 is recorded in the
real property records of the Pitkin County Clerk and Recorder's Office at Reception No. 551299.
The Grace Church Property Restrictive Covenant is recorded in the real property records of the
Pitkin County Clerk and Recorder's Office at Reception No. 551300, and
WHEREAS, the Settlement Agreement. the 2008 Land Use Approval, and the Grace
Church Property Restrictive Covenant vested. in perpetuity, Grace Church with the richt to
I
11111111111111111111111 11111111111111
RECEPTION#:853377, R. $0.00,D. $0.00
DOC CODE RESTRICTION
Pga t of 10,01I15f20t4 at 04:13:41 PM
Janica K.Vos Caudill, Pitkin County, CO
construct certain improvements on its property, which improv enietts are enumerated in the 2008
Land Use Approval memorialized as BOCC Resolution No 005-2008 (the "Improvements"); and
WHEREAS, pursuant to BOCC Ordinance No, 049-2018, the BOCC authorized the
acquisition of Pitkin County's interest in the Open Space Pared from Grace Church; and
WI IEREAS, in connection with the acquisition of the Open Space Parcel, the BOCC and
Grace Church have mutually agreed to a modification of the Grace Church Restrictive Covenant
for the purpose of clarifying the permitted uses of the Grace Church Parcel us well as for the
purpose of releasing the County owned Open Space Pared from the Grace Church Property
Restrictive Covenant; and
WIIERFAS, by the execution of this Covenant. Grantor desires to convey to Grantee, and
Grantee desires to accept, an Amended Restricthc Covenant for the Grace Church Property upon
the terms and conditions herein provided
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in further consideration of terms, conditions, covenants and
mutual promises contained herein, the parties hereto agree as follows:
Release of Grace Church Restrictive Covenant. The BOCC and Grace Church
hereby release the original Grace Church Property Restrictise Covenant recorded in the real
property records of the Pitkin County Clerk and Recorder's Office at Reception No. 551300 and
all property encumbered thereby.
_. Property Burdened by Amended Restrictive Covenant. Grace Church hereby
covenants and restricts the Grace Church Parcel in perpetuity as set forth herein.
3. Permitted Uses of the Grace Church Property,
Permitted uses of the Grace Parcel include uses that further Owner's religious purposes,
including secular activities and events that are reasonably consistent with Owner's religious
purposes. For purposes of clarity and not limitation, the following are examples of permissible
uses: church services, weddings, community gatherings anti celebrations, artistic performances
and speaking events, a pte-school, funerals, baptisms, quinceafieras, plays, bible studies and
retreats,and community and government services such as polling and election centers. These uses
are consistent with the religious purposes of the Grace Church and are not subject to the provisions
of the Pitkin County Land Use Code. Grace Church acknowledges that it may be required to obtain
State or federal approvals for its uses, Grace Church may also utilize its property for any other
uses allowed in the underlying zone district, subject to compliance with the apphzahle provisions
of the Pitkin County I and Use Code fur that use.
4. Development Restrictions of the Grace Church Property. Grace Church shall he
entitled to rely upon and he vested in perpetuity in the Land Use Approval reflected in Pitkin
County BOCC Resolution 005-2008 (Reception No. 545760) as amended by BOCC Resolution
No. 051 - ZUl Y ("Land t'se Approvals"). Improvements and development of
n
the Grace Church Parcel shall be configured and situated as depicted on the Site Plan appended
hereto as Exhibit B. Grace Church is perpetually vested in its right to construct the impmvemenb
included in the Land Use Approvals in the locations depicted on Exhibit B Grace Church
recognizes it must still obtain appropriate building and construction activity permits as applicable
for development approved in the Land Use Approvals . Grace Church 'nay pursue development
on the Grace Church Parcel beyond what is permitted by the Land Use Approvals and such
development shall be deemed consistent with this covenant to the extent such further development
is consistent with Pitkin County's then existing regulatory constraint for other properties in the
same zone district; provided, however, that this Covenant does not pro\ide Grace Church with a
future right of approval nor obligate Pitkin County approve or deny a future land use application.
Pitkin County shall review any future land use application for the Grace Church Parcel according
to Pitkin County's then existing land use regulations
5. Enforcement. The pros isions of this Covenant shall constitute covenants that run
with and are an appurtenant to the title of the Grace Church Parcel for the benefit of Pitkin County.
This restrictive covenant shall be fully enforceable by all patties hereto in an action at law or equity
or both to secure compliance. including but not limited to, seeking injunctive relief and/or specific
performance requiring the parties, or their successors, to comply with the provisions of this
Covenant, including but not limited to seeking injunctive relief and/or specific performance
requiring both parties or their successors to permit the permitted activities and/or cease and desist
all activity in violation of the terms of this Covenant and to return the parties and the(trace Parcel
to a state of compliance.
6. Notices. Any notice required or permitted under this Covenant shall be in writing
and shall he hand-delivered or sent by registered or certified regular mail, postage pre-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 should be sent. Electronic delivery of notices shall also be deemed
sufficient and considered delivered upon receipt of confirmation of delivery on the pan of the
sender
To Grantor Pitkin County: With copies to:
County Manager Pitkin County Attorney's Office
530 East Main St, Suite 302 530 East Main St., Suite 301
Aspen, Colorado 81611 Aspen, Colorado 81611
Email: pcucpCki Incountl <.nr_ Email: ,dtomeyupnkincounn.ctun
To Grantor:
Grace Church
1776 Emma Rd.
Basalt, Colorado 81612
Entail'
7. Binding Effect; Covenants Running with the Land. This Covenant shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns
forever and the benefits and burdens hereof shall constitute covenants running with the title to the
Open Space Parcel and the Grace Church Parcel, respectively. Notwithstanding anything to the
z
contrary,this easement may be subject to existing easements of record or accruing under common
law.
8. Attorney Fees. In the event legal remedies must be pursued to resolve any dispute
or conflict regarding the terms of this Covenant or the rights and obligations of the parties hereto,
the substantially prevailing party shall be entitled to recover costs incurred in pursuing such
remedies, including expert witness fees and reasonable attorney fees.
9. No Waiver of Governmental Immunity. Grantee, its directors, officials, officers,
agents, and employees are relying upon and do not waive or abrogate, or intend to waive or
abrogate by any provision of this Covenant the monetary limitations or any other nghts,
immunities,or protections afforded by the Colorado Governmental Immunities Act, C.R.S §§ 24-
10-101, et seg , as it maybe amended from time to time.
10. No Assignment Without Written Consent Grantee shall not,without first obtaining
the prior written consent of Grantor, sell, assign, transfer, encumber, hypothecate,or sublease any
or all of the rights, interests, or obligations under this Covenant.
Il. Entire Covenant. This Covenant constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof All preceding
representations or agreements relating to the subject matter hereof whether written or oral, are
hereby merged into this Covenant.
12. Modification. No provision or term of this Covenant may be amended, modified,
revoked, supplemented, waived, or otherwise changed except by a written instrument duly
executed by the parties hereto or the parties' successors and/or assigns.
13. Severability. If any term or provision of this Covenant shall be held to be invalid
or unenforceable by a Court with competent jurisdiction or by operation of statute, the remaining
terms and provisions of this Covenant shall continue to exist and shall be valid and enforceable to
the fullest extent permitted by law.
14. Waiver Any waiver by either party hereto of any breach of any kind or character
whatsoever by the other party, whether such shall he direct or implied, shall not be construed as a
continuing waiver of or consent to any subsequent breach of this Covenant on the part of the other
party.
15. Default. Either party shall have the right to enforce the obligations of performance
of the other party as contained herein through litigation seeking an award of damages or injunctive
relief.
16. Counterparts. This Covenant may be executed in counter-parts and as executed,
shall constitute one agreement, binding on all of the parties hereto notwithstanding that all said
parties are not signatory to the onginal or same counterpart.
17. Governing Law and Venue. This Covenant shall be governed and construed in
accordance with the laws of the State of Colorado Venue for all actions arising under this
Covenant shall be Pitkin County, Colorado.
4
18. Recordation. Upon execution by the parties, this Covenant shall be recorded in the
real estate records of Pitkin County, Colorado.
19. Authority to Sign. The parties acknowledge and represent to each other that all
procedures necessary to validly contract and execute this Covenant have been performed and that
the persons signing for each party have been duly authorized to do so.
[Signature Pages} Follow)
5
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
By: -lett` 0a-1-(u
Patti Clapper, Chair
APPROVE I TO
FORM:
By: _L�
Richarr' eiley III, Assistant County Attorney
STATE OF COLORADO
) ss.
COUNTY OF PITKIN
The foregoing was acknowledged before me thisCl t day of Jp,,J\. 4.-6.8'h, 2018 by
Patti Clapper as Chair of the Board of County Commissioners of Pitkin County U
Witness my hand and official seal D
My commission expires S-IA" �n�v
J.,NE A /+CHEY
daraPu 2c � e C
y Public
6
IN WITNESS WHEREOF, the parties hereto haN e hereunto set their hands and seals as of
the day and year first above written.
Grace Church of the Roaring Fork Valley, Inc , a Colorado not-for-profit corporation
By. e 4
►_. I ,fie . Elder
STATE OF COLORADO )
I ss
COUNTY OF Ec51e. )
The foregoing was acknowledged before me this I$dklay of TanuurM 20$? by
1:=0.6dm. 140.A-Ritri as Eideq of Grace Church of the Roaring'Tork Valley.
Inc a Colorado not-for-profit corporation.
Witness my hand and official seal.
My commission expires: I/ au/2030
N-to
KIMBERLY J.PARRAM
NOTARY PUBLIC
BTAYt OP COLORADO
NOTARY 10 2elM0480
MY CO MISSION EXPINE$APRIL 20,2826
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ACTIVITY ENVELOPE AND SITE PLAN
GRACE CHURCH PROPERTY 3776 EMMA ROAD _
OPEN SPACE unoNSONEXEMPTON PLICATION ,,i