HomeMy WebLinkAboutbocc.con.194.20 - BOCCContract No. 194.20 - BOCC
(Attached)
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO AUTHORIZING ACCEPTANCE OF
AN'AMENDED PROTECTIVE COVENANT FOR HELVETICA
ENDEAVOURS, LLC
ORDINANCE NOM -2019
Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (`BOCC") of Pitkin
County, Colorado a Home Rule County 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 Statutes as amended.
3'. Helvetica Endeavours, LLC ("Applicant") .is the, owner of real property located in Pitkin
County, Coloirado., which is described as Lot 2 of the MAA Inc: Filuig.1, according -to the
amended Plat thereof filed May ,% 1.974 in flat Book 4 at Page 466.
4. Board of County Commissioners ("BOCC") Resolution No. 122-2006 approved with
conditions a GMQS Exemption for replacement of units, 1041 Hazard Review and Special
Review for a CDU. Condition No. 14 of this Resolution required a covenant on the property
against any further subdivision and condominiumization.
5. The Protective Covenant was recorded as Reception No. 550334.
6. The Applicant requests to eliminate the prohibition on condominiumization, but preserve the
prohibition on subdivision.
7. The BOCC approved Resolution No. /A-2019, which amended Condition No. 14 of
Resolution No. 122-2006 to eliminate the prohibition on condominiumization and required
recordation of an Amended Protective Covenant.
8. The BOCC reviewed the Amended Protective Covenant (Exhibit A) on'first reading at a
regular meeting on February 27, 2019. The BOCC adopted the Ordinance accepting the
amended'Protective Covenant on second reading at a public hearing on March 13., 2019.
9. 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 adopts an Ordinance Authorizing Acceptance of an Amended
Protective Covenant for Helvetica Endeavours, LLC, and authorizes the Chair or the Chair's
(A0087470 6 )
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DOC CODE: ORDINANCE
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Ordinance NA16 -2019
Page 2 —
designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form,
execute the Amended Protective Covenant.
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Ordinance No. a`7�-2019
Page 3
INTRODUCED AND FIRST READ ON THE 27`I' DAY OF FEBRUARY 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14TH DAY OF
FEBRUARY, 2019.
NOTICE OF PUBLICHEARING AND THE FULL TEXT OF THE ORDINANCE, POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE
DAY OF 2019.
ADOPTED AFTER A PUBLIC HEARING AND SECOND- READING ON THE 13" DAY OF
MARCH, 2019.
PUBLISHED BY TITLE AND SHORT SUMMARY AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE DAY OF- 3 - 5 - �D -02019.
POSTED ON THE OFFIC AL PITKIN COUNTY WEBSITE' (www.pitkincounty.con) ON THE
DAY OF 2019.
AT(IES ( BOARD OF CO, FY COMMISSIONERS
By: By.
Jeanet Jones e'` oschnnan Date
Deput County Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John.Fly!f Cindy Iloub'en; t
CouiltyAttorney Conununity Development: Director
Exhibit:
A. Amended Protective Covenant
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9 Y, .
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AMENDED PROTECTIVE COVENANTS
HELiiETICA ENDEAVOURS, LLC
THESE AMENDED PROTECTIVE COVENANTS ("Amended Protective Covenants")
are made alld entered into this day of '! 2020, by HELVETICA
ENDEAVOURS, LLC: ("Owner" or "Grantor"), whose address is 361 and 365 Hall Drive, Aspen;
Colorado, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, whose address is 530 East Main St., Suite 302, Aspen, Colorado ("Pitkin County'
or "Grantee"). Grantor and Grantee may be referred to collectively as the "Parties" herein.
RECITALS
WHEREAS; Helvetica Endcavours, LLC is the owner of certain real property situated in
Pitkin County, Colorado, described as Lot 2 of the M.A.A. Inc. Filing No. l as described on the
amended plat of record -in Plat Book 4, Page 466 of the real property records of Pitkin County,
Colorado (the "Property"); and
WHEREAS; as a condition of the approval granted by the Board of County Commissioners
of Pitkin County, Colorado for approval 'of a GMQS Exemption for Replacement Units, 1041
Hazard Review and Review for a CDU, in BOCC Resolution 122-2006, the Owner was to enter
into a covenant against .further subdivision or condominiumization of the Property, which covenant
is recorded in the real property records of the Pitkin County Clerk and Recorder's Office at
Reception No. 550334 (the "Protective Covenants"); and
WHEREAS, the Owner has requested to amend Resolution No. 122-2006 wid. the
Protective Covenant to eliminate the terns "condom in i virn zation" from Paragraph one (1) of the
Protective Covenants without altering the restriction prohibiting further subdivision of the
Property; and
WIiEREAS, Pitkin Coupty desires to amend the Protective Covenants as set forth herein
to remove the restriction on condominiumization of the Property but does not hereby intend to
alter the restriction prohibitingfurther subdivision of the Property; and
WHEREAS, Pitkin County by Resolution No. 107-201.9, which amended Resolution No.
122-2006 to eliminate the prohibition on condominiumization, and as a condition of approval
required the Owner to enter into this Amended Protective Covenant prohibiting further subdivision
of the Property; and
WHEREAS, the BOCC approved Ordinance No. 46-2.019, by which the amendment to the
Protective Covenant was accepted.
AGREEMENT
NOW TII.EREFORE, the Owner does hereby publish and declare that the following terms,
covenants, conditions, easements, restrictions, uses, iimitations and shall be deemed to run with
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the. land, shall a burden and a benefit to the Owner, its successors or assigns, and any person or
entity acquiring or owning an interest in the Property or any portion thereof_
1. No Further Subdivision. The Property is 'hereby restricted against. any further
subdivision into smaller- leas at any time, notwithstanding the underlying zoning. No owner of the
Property shall be allowed to subdivide the Property into smaller lots.
2. Covenant Runs with "the Land. The covenants set forth in this document shall run
with the land and shall be binding upon and inure to the benefit of the owners and their heirs,_
successors and assigns. In the event the Property or portion of 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 referenced therein to this Covenant.
3. Enforcement. The covenants, restrictions and conditions contained in these
Protective Covenants may be enforced at any time by the -Owner, as the owner of the Property, its
successors or assigns or by the Board of County Commission s of Pitkin County, Colorado. These
covenants shall be enforceable by proceeding for prohibitive or mandatory injunction or action for
damages or expenses of maintenance. Actual damages may not be deemed an adequate rernedy
for breach or violation and, in an appropriate case, the Court may award punitive damages, In any
action to enforce any ,covenant, restriction or condition contained in these protective covenants,
the prevailing party or parties shall be entitled to an award of reasonable attorney fees and costs
incurred by the prevailing party In such- enforcement action.. No violation or breach of these
pr6tective covenants and. -no action to enforce the same shall .defeat, render invalid or .impair the
lien of any mortgage or deed of trust taken in good faith and. for value, of -the title or interest of the
bolder thereof, or the title acquired by any purchaser upon foreclosure of any such mortgage or
deed of trust.
GENERAL PROVISIONS
1. Notices. 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 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 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 service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To County: Pitkin County Attorney's Office
530 East Main St., Suite 301
Aspen, Colorado 816.11
attorney@p1tkincounty.com
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To Owner: Marshall Hall, Ma'nager
H;clvetica Endeavors LLC
A.Colorado Limited Liability Company
PO Box 437
Aspen, CO 81612
2. Exhibits. Any exhibits attached hereto are incorporated herein and by this
reference, rnade a part hereof:
3. Severability. Whenever possible, each provision of this Agreernent and any other
related document shall be interpreted in such a manner as to, be valid under applicable laNv-. but if
any provision of any of the foregoing: shall be invalid or prohibited uncles said applicable law, such.
provisions shall be -ineffective to the, extent of such invalidity or prohibition without invalidating
the remaining provisions of such document.
4. Choice. of Law, Venue. This Agreement and each and every related document are
to be governed and construed in accordance with the laws of the State of Colorado. The parties
agree that venue for any action brought to enforce or interpret this Agreement shall be in the
District Court, Pitkin County, Colorado.
5.. 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.
6. Waiver. No claim ofwaiver, 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.
7. 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.
S. 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.
9. Modifications; The parties to this Agreement agree: that airy modifications of this
Agreement shall be effective only when made by writings signed- by both parties and recorded with
the Clerk and Recorder of Pitkin County, Colorado.
10. Subordination. At the time of the conveyance of this Restrictive 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.
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11. Attorney 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. oct-21-2020,
1N WITNESS WfIEREOF, these Protective Covenants are executed this day of
, 2020.
kay'SU,A.tl, �A oct-21-2020
Viarshall C. Hill Date
for Helvetica Endeavours, LLC
STATE OF COLORADO
) ss.
COUNTY OF PITKI N )
The foregoing instilment was acknowledged before the this `!_1 day t C. 17,e v 2020 by
ILu(�
WITNESS my hand and official seal,
r
My co niniss:ion expires -"'� �'• ' L J
", IMI? � 1,
yTK' a OF CO .BRAD, O
79.
Notary Public
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ACCEPTANCE BY PITKfN COUNTY, COLORADO
The foregoing Agreement and its terms are accepted by the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY COLORADO.
S�UeA F. C -W Oct -21-2020
Steven F. Child, Chair Date
As to form:
�.�I 1...
Richard Y. Neiley III
Asst. County Attorney
AMENDED PROTECTIVE COVENANTS
HIELVETICA ENDEAVOURS., ILC
THESE AMENDED PROTECTIVE COVENANTS .(".Amended Protective Covenants")
are made and entered into this _;JAt day of 2020, by HE-LVETICA
ENDEAVOURS; LLC ("Owner" or "Grantor"), whose address` is 361 and '365 Hall Drive, Aspen,
Colorado, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, whose address is 53.0 East Main, St., Suite 302, Aspen, Colorado ("Pitkin County"
or "Grantee"). Grantor and Grantee may be referred to collectively as the "Parties" herein.
RECITALS
WHEREAS, Helvetica Endeavours, LLC is the owner of certain real. property situated in
Pitkin County, Colorado, described as Lot 2 of the M.A.A. Inc. Filing No.. 1 as described on the.
amended plat of record in Plat Book 4, Page 466 of the real property records of Pitkin County,
Colorado (the "Property"); and
WHEREAS, as a condition of the approval granted by`the Board ,of-Coumty,Contnigsioners
of Pitkin County, Colorado for approval of a GMQS Exemption for Replacement Units, 1041
Hazard Review and,.Review for, a CDU, in BOCC Resolution 122-200.6; the Owner was. to enter
into a covenant against further subdivision or condominiumization of the Property, which covenant
is recorded in .the real, property records of the Pitkin County Clerk -aiid Recorder's Office at
Reception No. 550334 (the "Protective Covenants"); and
WHEREAS,. the 'Owner has requested to amend Resolution No. 122-2006 and the
Protective Covenant to eliminate the term "condoxiiiniumization" from Paragraph one (1) of the
Protective Covenants without altering the restriction prohibiting further subdivision of the
Property; and
WHEREAS, Pitkin County desires to amend the Protective Covenants as set forth herein
to remove the restriction on condominiumization of the. Property but does not hereby intend to
alter the restriction prohibiting further subdivision of the Property; and
WHEREAS,.Pitkin County by Resolution No. 107-2019, which amended Resolution No.
122-2006 to eliminate the prohibition on condominiumization, and as a condition of approval
required the Owner to enter into this Amended Protective Covenant prohibiting- fin-ther,sijbdivision
of the Property; and
WHEREAS, the BOCC approved Ordinance No. 46.-2019, bywhich the amendment to the
Protective Covenant was accepted.
AGREEMENT
NOW THEREFORE, the Owner does hereby publish and declare that the following terms,
covenants, conditions, easements, restrictions, uses, limitations and shall. be deemed to run with
1111111 IIIII IIIII 11111 illll 11111 11111 1111 11 l 111 11111 11111 11111 lllllllll 1111
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DOC CODE: COVENANTS
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the land, shall a burden and a benefit to the Owner, its successors or assigns, and any person or
entity acquiring or owning- an interest, in the Property or any portion thereof.
1. ' No Further Subdivision. The Property is hereby restricted against any further
subdivision into. smaller lots at any time, notwithstanding the underlying zoning. No owner of the
Property shall be allowed to subdivide the Property into smaller lots.
2. Covenant Runs with. the Land. The. covenants set forth in this document shall run
with the land and shall be binding upon -and inure to the benefit of the owners and their heirs,
successors and assigns.. In the eventthe Property or portion ofthe 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 referenced therein to this Covenant.
3. Enforcement. The covenants, restrictions and conditions contained in these
Protective Covenants may be enforced at any time by the -Owner, as the- owner of the Property, its
successors or assigns or by the Board of County Commissioners: of Pitkin County, Colorado. These
covenants shall be: enforceable'by proceeding for prohibitive or mandatory injunction or action for
damages or expenses of maintenance. Actual damages may not be deemed an adequate remedy
for breach.or violation and, in an appropriate case, the Court may award punitive damages. In any
action to enforce any covenant, restriction or condition contained in these protective covenants,
the prevailing, party or parties shall ' be entitled to an awardof reasonable attorney fees and costs
incurred by the prevailing party in such enforcement action. No violation or breach of these
protective covenants and no action .to enforce the same shall defeat, render,invalid or impair the
lien of any mortgage -or deed of trust taken in good faith and for value, or the title or interest of the
holder thereof, or the title acquired by any purchaser upon foreclosure of any such mortgage or
deed of trust.
GENERAL PROVISIONS
1. Notices. Any notice required or permitted under this Agreement shall be in.writing
and shall be provided by 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 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 service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To -County: Pitkin County Attorney's Office
530 East Main St., Suite 301
Aspen, Colorado 81611
attorney@pitkincounty.com
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To Owner: Marshall Hall, Manager
Helvetica Endeavors LLC
A Colorado Limited Liability Company.
PO Box 437
Aspen, CO 81612
2. Exhibits. Any exhibits attached hereto are incorporated herein and by this
reference, made a part hereof.
3. 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.
4. Choice of 'Law, Venue. This Agreement and each and every related document are
to be governed and construed in accordance with the laws of .the State of Colorado. The parties
agree that venue for any action brought to enforce or interpret this Agreement shall be in the
District Court, Pitkin County, Colorado.
5. 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.
6. 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.
7. 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.
8. 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.
9. Modifications. The parties to this Agreement agree that any modifications of this
Agreement shall be effective only when made,by writings signed by both parties and recorded with
the Clerk and Recorder of Pitkin County, Colorado.
10. Subordination. At the time of the conveyance of this. Restrictive 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.
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11. Attorney 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. oct-21-2020
IN WITNESS WHEREOF, these Protective Covenants are executed this day of
112020..
kar, :- UAB (kA -Oct-21-2020
Marshall C. Hall Date
For Helvetica Endeavours, LLC
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
T I`
he foregoing instrument was acknowledged before me this ?� day %`. L Gh� r 2020 by
/LI'S�cfr-{i
WITNESS my hand and official seal,
My commission expires
JEANETTE JONES
NOTARY PUBLO1,1
STW IE OF OOt.00
R
NOTARY ID 19904(w&%
txtiak� a:�ss�r�,�...�- �,�:4
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ACCEPTANCE BY PITKIN COUNTY, COLORADO
The foregoing Agreement and its terms are accepted .by the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY COLORADO.
S4eoeAF. GG.a Oct -21-2020
Steven F. Child,. Chair .Date
As to form:
11
By:
Richard Y. Neiley III
Asst. County Attorney