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Home My WebLink Aboutbocc.con.108.23 - BOCCRECEPTION#: 694212, R: $0.00, D: $0.00, 04/11/2023 at 09:04:21 AM, Pgs 1 of 6, Ingrid K. Grueter, Pitkin County, CO BLDG.2423.2022 OCCUPANCY COVENANT AND AGREEMENT FOR A CARETAKER DWELLING UNIT APPROVED PURSUANT TO SECTION 6-30-40(c) OF THE PITKIN COUNTY LAND USE CODE April THIS AGREEMENT is made and entered into this 5 day of larch 2023, by 7.'AG Real Estate, LLC, (hereinafter referred to as "Owner"), whose address is 1020 and 1018 South Starwood, Aspen CO, 81611, and the Board of County Commissioners of Pitkin County, Colorado (hereinafter referred to as the "County"). WITNESSETH WHEREAS, Owner owns real property more specifically described as 1018 S Starwood, or further described in Exhibit A, attached hereto (hereinafter referred to as "Real Property"), which Real Property shall contain a 1-bedroom, approximately 741.5 square foot caretaker dwelling unit, accessory to a principal residence, approved by Administrative Decision No. 059-2022; 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 Caretaker Unit 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 six (6) 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 Caretaker Dwelling Unit Covenant Page 1 Pitkin County Received 03/29/2023 RECEPTION#: 694212, 04/11/2023 at 09:04:21 AM, Pgs 2 of 6, Ingrid K. Grueter, Pitkin County, CO BLDG.2423.2022 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 six (6) 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. 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, Caretaker Dwelling Unit Covenant Page 2 Pitkin County Received 03/29/2023 RECEPTION#: 694212, 04/11/2023 at 09:04:21 AM, Pgs 3 of 6, Ingrid K. Grueter, Pitkin County, CO BLDG.2423.2022 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. 14. 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: Z&G Real Estate, LLC 1018 and 1020 South Starwood Aspen, CO 81611 To Pitkin County: Board of County Commissioners of Pitkin County do Pitkin County Community Development Department 530 E. Main Street, Suite Aspen, CO 81611 With Copies To: Pitkin County Attorney 530 E. Main Street, Suite 301 Aspen, CO 81611 attomev@oitkincountv.com 15. 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. 16. 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. Caretaker Dwelling Unit Covenant Page 3 Pitkin County Received 03/29/2023 RECEPTION#: 694212, 04/11/2023 at 09:04:21 AM, Pgs 4 of 6, Ingrid K. Grueter, Pitkin County, CO BLDG.2423.2022 17. 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. C f I )J �feGn� Gd.�ci a✓t �ehclt STATE OF COLORADO ) SS. COUNTY The ff re omg ,instrument w, acknowledged before me this lC day of March 2023, by Z if ttec 1 Esl< GL WITNESS MY hand and official se_ My Commission Expires:. ,f21)z3 Notary Public '_,�diatia rt I. PAULA M SHORTELL 1 4j 3 Notary Public l Massachusetts My Commission Expires i P (+•.s :' Dec 21,2023 itraileielliliminiearrie Caretaker Dwelling Unit Covenant Page 4 Pitkin County Received 03/29/2023 RECEPTION#: 694212, 04/11/2023 at 09:04:21 AM, Pgs 5 of 6, Ingrid K. Grueter, Pitkin County, CO BLDG.2423.2022 April ACCEPTED by the Community Development Director this 5 day of March, 2023, pursuant to Pitkin County Board of County Commissioners Ordinance No. 032-2017: n /nt9 Suzanne Wolff, Director Community Development Department APPROVED AS TO FORM Richard Y. Neiley, Assistant County Attorney Caretaker Dwelling Unit Covenant Page 5 Pitkin County Received 03/29/2023 RECEPTION#: 694212, 04/11/2023 at 09:04:21 AM, Pgs 6 of 6, Ingrid K. Grueter, Pitkin County, CO EXHIBIT A Property Description Lot R-59, Starwood Eight According to the Plat Recorded October 21, 1968 in Plat Book 3 Page 311 County of Pitkin, State of Colorado