The URL can be used to link to this page

Home My WebLink Aboutbocc.con.037.2019 - BOCC .)I)rov �f }j� ol I➢{,L., uf-/On G. OGy. 9clf JoA & c( ( s CONTRACT COVENANT AGREEMENT # O. -aG6c.60eC FOR THE PRESERVATION OF HISTORIC RESOURCES THIS COVENANT AGREEMENT FOR 'I HE PRESERVACION ANT) MAINTENANCE OF HISTORIC RESOURCES (the "Agreement") is made and entered into this Ln-'day of J&.ar•wr t� _ _ 201(.4. by Jeffrey M.and Janette R. Bier thereinafter referred to as "Grantor"), and the Bard of County Commissioners of Pitkin County, Colorado (the "County"or"Grantee-4 This Agreement shall run with the land described herein and be binding upon the successors and assigns of the parties hereto, subject to the terms and conditions set forth herein. RECITALS: I. Grantor owns the real property specifically described in Exhibit Az and 2. Grantor is the owner of the two historic structures on the parcel described in Exhibit A as depicted on Exhibit B and as shown in the photos in Exhibit C and Exhibit I) ("Historic Structures") which were designated and placed on the Pitkin County Historic Register pursuant to Board of County Commissioners ("BOCCI Resolution Number Ota`(, _20t8 (the "Resolution"). Said Resolution was approved on September 12. 2018.�„------', and he Historic Structures shall he restored and/or rehabilitated in accordance with the August 27, 2008, Pitkin County Presets ation Handbook for Historic Properties ("Handbook- to the satisfaction of the County's I listoric Preservation Officer: and 4. Ihis Covenant Agreement is intended by the parties to satisfy the Resolution condition which requires this Covenant to be entered into prior to the submission of any future building or other development permit applications. AGREEM ENT NOW, THEREFORE, fix good and Valuable consideration, the receipt and sufficiency if which are hereby acknowledged, and in further consideration of the terms, fond flions, covenants and mutual promise.contained herein, Grantor and Grantee agree as folio\‘s: Restoration Rehabilitation and Maintenance. Grantor shall he responsible for the continued maintenance, repair, and administration of the Historic Structures, m a manner that complies with the Handbook so as to preserve the architectural. historical, archaeological. cultural, and'or engineering integrity of their features, materials, appearance, and workmanship in order to protect and enhance those significant characteristics that qualify it for historic prem anon treatment. 2. Exclusion. Grantor agrees that the County in no way assumes any obligation whatsocrer for restoring, maintaining, repairing, or administering the Historic Structures covered by this Covenant .Agreement However. the Courts shall be entitled to enforce this Covenant Agreement. 11011lllllllllllil 11111 IIIII111III I II1HI III IIIIIII I I RECEPTION#:653T22.R:$000,D:$0.00 DOC CODE: AGREEMENT Pg 1 of 10,01131/2019 at 09:41'18 AM Janice K.Vos Caudill, Pitkin County,CO 3. Inspection and Cornpliance. Grantor agrees that the County shalt have the right to request inspection of the exterior of the Historic Structures to assure compliance with this Covenant Agreement. which request Grantor shall not unreasonably deny. Notice of any inspection of the Historic Structures by the County shall be pursuant to Paragraph IS of this Covenant Agreement at such times and upon such notice to Grantor as Grantor may reasonably require Any inspection carried out pursuant to this Paragraph 7 shall he conducted in the presence of Grantor, if Grantor wishes to be present. The purpose of such inspection shall he to ascertain whether the terms of this Covenant Agreement have been and are being met and to insure compliance with the terms of this Covenant Agreement. The Grantor or its representative shall have the right to be present at am inspection conducted by the County pursuant to this Paragraph. 4. Alterations. Grantor agrees that the Historic Structures shall be maintained in accordance with the Resolution. and no significant alterations that were not contemplated in the Resolution shall be made to the exterior or location of the Historic Structures without the appals al of the Pitkin Count} Historic Preset's anon Officer. s. Standards for Review. Review and approval of any proposed construction, alteration, rehabilitation or relocation of the I listoric Structures shall be evaluated by the Pitkin County Historic Preservation Officer through use of the Handbook. Grantor agrees to abide by the Handbook in perforating any restoration, construction, alteration, rehabilitation. or relocation of the f Iistoric Structures. 6. Public Purpose. Grantor agrees that all alterations to the Historic Structures shall be in the spirit of contributing to the public purpose of protecting and preserving the Historic Structures in conformance with the I Landbook. 7. Continuation. In the event that any component part or pacts of the Historic Structures are destroyed or substantially damaged through non illtul action or negligence of the Grantor. and only if it is jointly determined by Grantor and the County that the affected Historic Structures are to be preserved and not removed, all obligations contained in this Covenant Agreement shall continue unabated. In the event that Oce Historic Structures or any part !hereof are damaged or destroy ed through the willful action or negligence of Grantor, the County may initiate such administrative or judicial actions as it deems to he legally available and appropriate. 8. Reserved Rights of Grantor/Addition. Grantor shall have all rights to utilize the Historic Structures not specifically limited or restricted by this Covenant Agreement. However, Grantor shall lake no action which is materially detrimental to the purposes of this Covenant Agreement. Grantor has reserved the right pursuant to the Resolution and this Covenant Agreement to construct an addition to the Historic Residences, which addition may contain up to 2.400 square feet of floor area pursuant to Paragraph 2 of this Covenant Agreement. Such construction shall be undertaken consistent with the terms of this Covenant Agreement. q. Binding on Successors to Grantor Enforcement: Attorneys_Fees. This Covenant Agreement shall be a binding servitude, and shall run with the land and be binding upon Grantor. 7 its successors, transferees, and assigns. in perpetuity. unless terminated by the terms of this Covenant Agreement or by soluntary relinquishment by the County. The County has the ability to fix and repair the Historic Structures consistent with the standards of this Covenant Agreement and collect costs from the Grantor for such repairs. It is explicitly agreed by the parties hereto that this Covenant Agreement shall he enforceable in the courts of the State of Colorado; and that in the event un action to enforce this Covenant Agreement is brought. the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non-prevailing party lies) the full cost of such action {including reasonable attorneys' fees and costs). The County may enforce the terms of this Covenant Agreement through actions for damages or injunctive relief for both. 10. Exercise of Rights and Remedies. Failure of the County to exercise any right or remedy granted under this Covenant Agreement shall not he a waiver of any breach of the agreement or rights or remedies to enforce the agreement provided, however, after notice of a iolation pursuant to Paragraph 15. if the County fails to knowingly enforce a provision of this Covenant Agreement for five (5) years, it waives its right to do so. l I. Notices. Any inspection carried out pursuant to Paragraph 7 of this Agreement shall be at such times and upon such notice to Grantor as Grantor may reasonably require. Any notice allowed or required by this Paragraph shall he served on Grantor. Any notice required or permitted under this Agreement shall be in 'riming and shall be proe ided h\ electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2)registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic deli\ery of notices shall be considered delivered upon receipt of confirmation of deliyery on the part of the sender. Nothing contained herein shall he construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Grantor: Jeffrey M.and Janette R Bier PO Boa I Ut) Cerbonda1e, CO 81623 To County: Pitkin County Manager 530 F Main Street, Suite 30? Aspen,CO 8:611 1mtPeacockdpitkincuunty coin With Copies 10: Pitk in County Attorney 530 F. Main Street, Suite 301 Aspen. CO 8I6) I 3 12. Severability. Whenever possible, each provision of this Covenant Agreement and any other related document shall be interpreted in such a manner as to he valid under applicable law: but if anv 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 invaliding the remaining provisions of such document. 13. Choice of Law and Venue. I his Covenant Agreement and each and every related document are to he governed and construed in accordance with the laws of the State of Colorado. Grantor and the County consent to venue and jurisdiction in the District Court for Pitkin County. Colorado for all matters concerning the interpretation and enforcement of this Restrictive Covenant 14. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to, and be binding upon, the heirs, successors, and assigns of the parties. 15. Section Headings. Paragraph or section headings within this Cosenant Agreement are inserted solely for cony enience of reference, and are not intended to, and shall not govern. limit or aid in the construction of any terms or pro\isions contained herein. 16. Waiver No claim of waiver, consent or acquiescence with respect to any provision of this Covenant Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Covenant Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to wane such condition. 17 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 18. Further Actions. The parties to this Covenant 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 Covenant Agreement or any agreement or document relating hereto or entered into in connection herewith. 19. Subordination. At the time of the conveyance of this Restricti'.e Covenant, the Grantor represents that 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 Restrictive Covenant and/or that Grantor has caused any such interest in the Property to be subordinate to this Restrictive Covenant. 20. Modifications. The parties to this Covenant Agreement agree that any modifications of this Covenant Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. 4 IN WI[NESS WHEREOF, the parties herein have executed this instrument on the da) and ear first above-written. leitrey M. and Janette R. Bier By: ` e3ir } N . Bier By: ir.. J7'�- _ 72 vette R. Bier c ACCEPTED by the Community Development Director this Ah day ofd-mos-vil , 2019, pursuant to Board of County Commissioners Ordinance No. 032 - 2011 Suza Assis Cl{ Su e Wolff, Assistant rrector APPRO II AS TO FORM �I►� del Richar; f'. Neiley, Assistant County Attorney List of Exhibits' A. Parcel Legal Description B. Depiction of Historic Structures C Photos of Historic Structures from circa 1901 D. Photos of Historic Structures from 2018 6 EXHIBIT A LEGAL DESCRIPTION A tract of land situated in the SW 1/4SW 1/4 of Section 20,Township 10 South, Range 88 West of the 6111 Principal Meridian, Pitkin County, Colorado, and being more particularly described as follows: Beginning at a point on the Easterly line of a road as built in place whence the Witness Corner to the Southwest Corner of said Section 20 bears S 69°56'30"W 1649.17 feet; thence along the Easterly line of said road on the following three (3) courses; S 18°37'17"W 78.36 feet; thence S 29°40'30"W 164.17 feet; thence S 09°19'00"W 129.99 feet; thence leaving the Easterly line of said road on a course bearing West for 282.00 feet; thence North 477.35 feet; thence S 73°48'33"E 428.40 feet to the point of beginning, containing 3.32 acres more or less. 7 ENV"It 1 3 f-5-5-5--/ �� ` z t o 1 ko ' "__1_—i aggNm 6 ,i---,-__4,5 3 ‘ \ 7 f �` y y �P tl � � R it mom. a1 0Ii Asp ;01- 1 4 tit 1 t ' \_lt-k- 4i AA__ -i G a ,thk..,1 131 "F4 " tet) ,LI *311 1 ii _..'1. ?-. S i alb SA �F o F. g'( as ii q:* ; ,. Vettlit y'b ; $ iiitItt\izi :yzth ssy yr `—zF` sti� :31'A(tt i 0;141 NA S EXI IIBIT C F .cr.I • h . t.I. ,_ ��x+, i$1111 t) EXHIBI I D !. - .. . . • . at/ ' i . , 0 , . - • 'Alt . ' , ' . . .. - c 41,1 'I 4 .,,-'';' --"-'. -V4' • , ' ' - ,.,.. ,:*--.. i -7; t - ' --..- - i I Or: 4•54-;,,, '; ' ii:y , . --,t,,.: ' I „. . ••,1' .4. -../-7.-Tr.' - letie.,% "iti• --' .-Qrv -or , , SY ye _ — — -4 M46, `'....:;.:;04..ti- '". \ TS: '-.4 . ..t -\cak-r 1"*.;•AtViV - iNtli‘ a - r `• -.1 -\ ' At . . - -c:Jl ) - 4.4.. , J. ,,,4,41 , & : ' 1 "*. 'Z. 0 if ._. :., , :.-, • 7.: i :1 .r: „, til.i±Pt - =NI • ' ' Y v :Ell ,4 rA - ' ., t%. , 1, ..,V : HIli .4.-,,4 :44,,ch: -, , .A. ,g,ntd.A. - - S - V ” tn Itf i , r • ? •, i• - f-3-:•'-:t0.4-•,-;,i.:i-•( .'(,.'4.:c!,4:c,:c4 itgia..lE il'‘.. ,, irt4P e •,. i , 4---s-• tstir •;,.. 4.•.i,,,,r,..,..k.f.•,_:„it,. . .,,,,-„: ••••• • , , _ 1, •,. ..,,,, . • 1,42.0,,•,i•-• ,J,..,4:w!,::.;,:, 07_,I,drc: , ,.... ..,.. - • . •• . a , 10