HomeMy WebLinkAboutbocc.con.093.22 - BOCC RECEPTION#: 685030,R: $0.00, D:$0.00, 02/07/2022 at 04:19:14 PM,Pgs 1 of 6,Janice K.Vos Caudill, Pitkin County,CO
Contract No. 093.2022
OCCUPANCY COVENANT AND AGREEMENT
FORA CARETAKER DWELLING UNIT
APPROVED PURSUANT TO SECTION 6-30-40(c)
OF THE PITKIN COUNTY LAND USE CODE
THIS AGREEMENT is made and entered into this _18th_day of January 2022, by Paul Tripp
(hereinafter referred to as "Owner"), whose address is 1599 Juniper Hill Rd, Aspen CO, and the Board of
County Commissioners of Pitkin County,Colorado(hereinafter referred to as the "County").
WITNESS ETH
WHEREAS, Owner owns real property more specifically described as 1599 Juniper Hill Rd Aspen
CO or further described in Exhibit A, attached hereto (hereinafter referred to as "Real Property"), which
Real Property shall contain a one-bedroom, approximately 577__ square foot caretaker dwelling
unit, accessory to a principal residence, approved by BOCC Resolution No. . or
Administrative Decision No077-2024 or Community Development Department sign-off. For purposes of
this Agreement, the Caretaker Unit, the Real Property, and all appurtenances, improvements and
fixtures associated therewith shall hereinafter be referred to as the "Property";and
WHEREAS, this Agreement imposes certain covenants upon the Property which restrict the use and
occupancy of the CaretakerUnit to employees and their families who are employed within the geographical
area defined as the Roaring Fork River Drainage ("RFR Drainage")or members of the Owner's immediate
family.
NOW,THEREFORE, in consideration of the mutual promises and obligations contained herein, the
Owner hereby covenants and agrees as follows:
1. The use and occupancy of the Caretaker Unit shall henceforth be limited to occupancy by no more
than two(2)adults(and related children),subject to the following restrictions:
A. Occupants shall qualify as employees by meeting the following requirements:
(a) Must be employed by an employer to work a minimum of 1,500 hours per calendar year
within the geographical area defined as the area defined as the Roaring Fork River Drainage
(RFR Drainage includes properties in Eagle,Pitkin,Garfield or Gunnison Counties,including the
incorporated and unincorporated areas of Aspen,Basalt,Carbondale,El Jebel,Glenwood Springs,
Marble,Meredith,Redstone,Snowmass,Snowmass Village and Woody Creek),an average of 35
hours a week, 10 months a year;or 32 hours a week,11 months a year.
(b) Must reside in the unit a minimum of nine(9)months out of the calendar year.
(c) All persons, including the self-employed must satisfy these requirements. Persons
employed by businesses whose center of operations is not located within the RFR Drainage
must verify that they perform the minimum work requirements in an RFR Drainage location; or
B. Occupants must be members of the immediate family of the Owner even though they may not
qualify as employees within the RFR Drainage pursuant to¶ 1(A) above. "Immediate family" shall
Care taker0welling Unit Covenant Page 1
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B. Occupants must be members of the immediate family of the Owner even though they may not
qualify as employees within the RFR Drainage pursuant to ¶ 1(A) above. "Immediate family" shall
mean any person related to the Owner by blood or marriage who is a first cousin or closer relative,and
said person's children.
C. Owner shall have the right to lease the Caretaker Unit to an employee of his own selection
provided such person(s) qualifies pursuant to¶ 1(A) above. Such individual may be an employee of
the Owner,provided such person(s)fulfills the requirements of¶ 1(A)above.
3. Owner shall not be required to rent the Caretaker Unit, however, when rented, written verification
of employment of employee(s) proposed to reside in the Caretaker Unit shall be completed and
filed with the Pitkin County Community Development Department by the Owner prior to
occupancy thereof, and such verification must be acceptable to the Pitkin County Community
Development Department.
4. Lease agreements executed for occupancy of the Caretaker Unit shall provide for a rental term of not
less than nine(9)consecutive months. A signed and executed copy of the lease shall be provided to
the Pitkin County Community Development Department by the Owner within ten (10) days of
approval of the employee(s)for the Caretaker Unit.
5. This Agreement may be removed by the Owner with the approval of the Community Development
Director of Pitkin County, subject to the requirement that the Caretaker Unit is removed or modified.
If modified, the remaining improvements must no longer be capable of occupancy as a "Dwelling
Unit" as defined in the Pitkin County Land Use Code and must meet otherwise applicable code
requirements.
6. The Caretaker Dwelling Unit shall not be sold or otherwise conveyed or separated from the original
parcel regardless of the ultimate form of ownership of the Caretaker Dwelling Unit.
7. Unless modified as stated in ¶ 5 above, this Agreement shall constitute covenants running with the
Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the
Board of County Commissioners of the County of Pitkin,Colorado and their respective successors and
assigns, as applicable, by any appropriate legal action including, but not limited to, injunction,
abatement,or eviction of non-qualified tenants.
8. Inspection and Compliance. The County shall have the right to inspect the Real Property subject to
this Agreement at reasonable times and upon reasonable notice to the owners thereof to ascertain
whether or not the terms of this Agreement have been and continue to be met.
9. Modification. The terms of this Agreement can only be modified by an amended Occupancy
Covenant for Caretaker Dwelling Unit executed by both the County and Owner recorded in the
records of the Clerk and Recorder for Pitkin County,Colorado.
10. Agreement Made in Colorado. This Agreement shall be construed according to the laws of the
State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County,
Colorado.
Caretaker Dwelling Unit Covenant Page 2
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11. Attorneys Fees and Costs. In the event of any action or suit between the parties hereto or their
successors and assigns to enforce any of the agreements, covenants or restrictions contained herein,
the substantially prevailing party in any such action or suit, whether by final judgment or out of
court settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorneys' fees.
12. Section headings. Paragraph or section headings within this Agreement are inserted solely for
convenience of reference, and are not intended to, and shall not govern, limit or aid in the
construction of any terms or provisions contained herein.
13. 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.
12. 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 Owner:
[mailing address]
[e-mail address]
To Pitkin County:
Board of County Commissioners of Pitkin County
c/o Pitkin County Community Development Department
530 E. Main Street, Suite
Aspen, CO 81611
[e-mail address]
With Copies To:
Pitkin County Attorney
530 E. Main Street, Suite 301
Aspen, CO 81611
attorney@pitkincounty.com
14. Waiver. Failure of the County to exercise any right or remedy granted under this Agreement
shall not have the effect of waiving or limiting the exercise of the County,or of any other right or
remedy or the indication of such right or remedy at any future time.
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15. Counterparts. This Agreement may be executed in multiple counterparts each of which shall
constitute an original but all of which when taken together shall constitute one and the same
document.
16. Severability. If any provisions of this Agreement shall be invalid, illegal or unenforceable, it
shall not affect or impair the validity, legality or enforceability of this Agreement itself or of any
other provision hereof, and there shall be substituted for the affected provision,a valid and
enforceable provision as similar as possible to the affected provision.
18. Entire Agreement. This Agreement and any other documents made or given in connection
herewith or therewith constitute the entire understanding and agreement between the parties with
respect to the matters provided for herein and supersedes all prior written or oral understandings
and agreements between the parties with respect thereto.
IN WITNESS HEREOF,the parties hereto have executed this instrument on this day and year above
first written.
OWNER:
///d,t,t (9
PHNOM PENH, )
CAMBODIA )
ss.
The foregoing instrument was acknowledged before me this---_1.${_'day of Saniary 20011 by
TRIPS) LEY .P > •
WITNESS MY hand and official seal. fy In{`
My Commission Expires: L c e, +exm i ,; ,r j r
2( 1 ]I
Notary Public; "
SEN SENGTHAI
Notary Public
Caretaker Dwelling Unit Covenant Page 4
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ACCEPTED by the Community Development Director this 2ndday of February 2022
pursuant to Pitkin County Board of County Commissioners Ordinance No. 032-2017:
htfr
Suzanne Wolff, Assistant Director
Community Development Department
APPROVED AS TO FORM
4111V-41-
Richard Y. Neiley, Assistant County Attorney
Caretaker Dwelling Unit Covenant Page 5
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,----,, ,----N
EXHIBIT A
WARRANTY DEED
State Doc Fee: $215.00
THIS DEED,is dated the 22nd day of September,2011,and is made between
David A.Daniels
(whether one, or more than one), the"Grantor," of the County of Pitkin and State of
Colorado,and
Paul Tripp
(whether one,or more than one),the"Grantee,"whose legal address is:P.O. Box
326,Three Forks, MT 59752 of the County of Gallatin and State of Montana -
WITNESS, that the Grantor, for and in consideration of the sum of( $2,150,000.00 ) Two Million One Hundred Fifty
Thousand dollars and Zero cents,the receipt and sufficiency of which is hereby acknowledged,hereby grants,bargains,sells,
conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with
improvements thereon,located in the County of Pitkin and State of Colorado described as follows:
Lot 8,
Block 3,
BRUSH CREEK VILLAGE, FILING NO. 2,
according to the Plat thereof recorded June 21, 1966 in Plat Book 3 at Page 96 as Reception No. 124586.
COUNTY OF PITKIN, STATE OF COLORADO
also known by street and number as: 1599 Juniper Hill Drive,Aspen,CO 81611
TOGETI-I KR with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the
reversions, remainders, rents, issues and profits thereof,and all the estate, right,title,interest, claim and demand whatsoever of
the Grantor, either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and,described, with the appurtenances, unto the Grantee
and the Grantee's heirs and assigns forever.
The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the
Grantee,and the Grantee's heirs and assigns,that at the time of the ensealing and delivery of these presents,the Grantor is well
seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple; and has good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form as
aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,except and subject to:
See Attached Exhibit A
And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any
adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the
Grantee,against all and every person or persons claiming the whole or any part thereof.
IN SS , e rantor has executed this deed on the date set forth above.
David A. Daniels -
State of Colorado )
)ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this 22nd day of September,2011,by David A, Daniels
'I Witness my hand and official seal.
DRUCILLA DORN
NOTARY PUBLIC (
STATE OF COLORADO
.. otary Pub c: Dru ... 0•..
My Commission Expires 04/21/2015 y commission expires:April 21,2015
RECEPTION#: 582969, 09/22/2011 at
' 04:02:51 PM,
1 OF 2, R $16.00 DF $215.00 Doc Code
WD
Janice K.Vos Caudill, Pitkin County, CO
',..
stewart title
Order Number: 927342-C9
No.932A. Rev 10-09.Warranty Deed(For Photographic Record) Page 1 of 1