HomeMy WebLinkAboutbocc.res.042.2000 A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AMENDING A DEED RESTRICTION THAT WAS GRANTED DUE
TO A SUBDIVISION EXEMPTION AND CONDOMINIUMIZATION
TO THE ASPEN AIRPORT BUSINESS CENTER APARTMENTS
Resolution #2000-
RECITALS
WHEREAS, the Applicant has requested a change in a deed restriction that
was approved by BOCC Resolution No. 85-49;
WHEREAS, a hearing was held before the Board of County Commissioners
of Pitkin County, Colorado (hereinafter "Board") on M �rcA 8 / Z ood
at which time evidence and testimony were presented with respect to said
application;
WHEREAS, the Aspen/Pitkin County Housing Authority (hereinafter
"Housing") Board of Directors, the Board and the Applicant discussed this item in a
worksession on September 29, 1999.
NOW THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado, that it does hereby grant a change in the
deed restriction, subject to the following conditions:
1. A deed restriction amending the Declaration of Restrictive Covenants will be
recorded replacing said deed restriction recorded at Book 526, Page 575 of the
Pitkin County Clerk and Recorders office.
2. The units shall be deed restricted under the Category 3 guidelines.
3. Rents shall be established under the current Guidelines, which would restrict
the maximum rent on a one-bedroom to $1,047 per month and $1,157 per
month on a two-bedroom unit, with the rents increasing on an annual basis per
the Guidelines;
4. the Aspen/Pitkin County Housing Authority has first right of refusal to
purchase the building should the School District decide to sell the building;
and
5. the units will remain deed restricted under the Amended Declaration of
Restrictive Covenants in perpetuity.
APPROVED by the BOCC at its regular meeting on 3 4 60
ATT�ST: BOARD OF COUNTY CONMOSSIONERS
OF PITKIN COUNTY, COLORADO
-2 Bye= �
Je#ette Jones ( Shellie Roy H r, Chairperson
Deputy Clerk & R order Date: 2�k• i+' 0 o
APPROVED AS TO FORM: MANAGER APPROVAL:
ASP 3 nqCk—_
John Ely Sut�ane S. Kon han
Court mey County Manager
APPROVED AS TO CONTENT:
Mary bens, Executive Director
Aspen/Pitkin County Housing Authority
2
AMENDED DECLARATION OF RESTRICTIVE COVENANTS
APPROVED PURSUANT TO RESOLUTION NO. 042-2000
THIS AGREEMENT is made and entered into this day of jjjgA _, 2000, by the
Aspen School District (hereinafter referred to as "Owner"), whose address is 0335 High School
Road, located In the County of Pitkin, and the Aspen/Pitkin County Housing Authority (hereinafter
APCHA), a multi-jurisdictional housing authority established pursuant to the AMENDED AND
RESTATED INTER-GOVERNMENTAL AGREEMENT recorded in Book 605 at Page 751 of the
records of the Pitkin County Clerk and Recorder's Office (hereinafter referred to as "Authority")
and replaces the Declaration of Restrictive Covenants recorded at Book 526, Page 575 of the
Pitkin County Clerk and Recorders Office.
WITNESSETH
WHEREAS, Owner owns real property more specifically described in Exhibit "A"
(hereinafter referred to as "Real Property"), which Real Property shall contain two two-bedroom
units and six one-bedroom units, approved by the Board of County Commissioners pursuant to
Resolution No. 042-2000. For purposes of this Agreement, the Employee Dwelling Units, 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 Employee Dwelling Units to employees and their families who are
employed in Pitkin County and meet the qualification guidelines established and indexed by the
Authority on an annual basis.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, the Owner hereby covenants and agrees as follows:
1. Owner hereby covenants that the Employee Dwelling Units described above shall at all
times remain rental units and shall not be condominiumized.
2. The use and occupancy of the Employee Dwelling Units shall henceforth be limited
exclusively to housing for employees and their families who are employed in Pitkin County
and who meet the definition of"qualified Category 3 employee" as that term is defined by
the qualification guidelines established and indexed by the Authority on an annual basis.
The Owner shall have the right to lease the Employee Dwelling Unit to a "qualified
Category 3 employee" of his own selection. Such individual may be an employee of the
Owner, provided such person(s)fulfills the requirements of a qualified employee.
3. Written verification of employment of employee(s) proposed to reside in the Employee
Dwelling Units shall be completed and filed with the Authority by the Owner of the
Employee Dwelling Units prior to occupancy thereof, and such verification must be
acceptable to the Authority.
4. The Employee Dwelling Units shall be required to be rented for periods of no less than six
(6) consecutive months. Upon vacancy of the Employee Dwelling Unit, the Owner is
11111 IIIII IIIIII IIIII IIIIII 111 IIIIIII III IIIII IIII IN
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granted forty-five (45)days in which to locate a qualified employee. If the Owner places no
employee, the Authority may rent the Employee Dwelling Unit to a qualified employee.
5. The maximum rental rate shall not exceed the Category 3 rental rate as set forth in the
Rental Guidelines established by the Authority and may be adjusted annually as set brth
by the Guidelines. The maximum permitted rent for the units on the date of execution of
this deed restriction is $1,047 per month for the one-bedroom units and $1,157 per month
for the two-bedroom units. Rent shall be verified and approved by the Authority upon
submission and approval of the lease.
6. The Units must meet minimum occupancy; i.e.,one person per bedroom.
7. Lease agreements executed for occupancy of the Employee Dwelling Units shall provide
for a rental term of not less than six s)consecutive months. A signed and executed copy
of the lease shall be provided to the Authority by the Owner within ten (10)days of approval
of employee(s)for the Employee Dwelling Units.
8. 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 Authority, the Board
of County Commissioners of the County of Pitkin, Colorado, and their respective
successors, as applicable, by any appropriate legal action including, but not limited to,
injunction,abatement, or eviction of non-qualified tenants.
IN WITNESS HEREOF,the parties hereto have executed this instrument on this date and
year above first written.
ASPEN SCHOOL DISTRICT
BY: + o
TITLE:
Mailing Address: 0235 High School Road,Aspen, CO 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ��J day of ✓� �_ ,.�;
2000, by� {! •.�� �
eVVITNESS MY hand and official seal; My Commission expires:
J4
Notary Nblic
.J fly��tt 2
, " ' • �� I IIIIII IIIII IIIIII IlIII IIIII! II! IIII!!I III IlII! IIII IIII
442214 04/12/2000 02.14P COVENANT DAVIS SILVI
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ACCEPTANCE BY THE HOUSING AUTHORITY
The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Housing
Authority.
THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY ,�,�
,4 Yellt /
Jacq relA A. Kasabach, Chairperson
Mailing Address: AsperVPitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this_day of ,
2000, by Jacquelyn A. Kasabach.
WITNESS MY hand and official seat.
My Commission expires: 7
D
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442214 04/12/2000 82:14P COVENANT DAVIS SILVI
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3
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AMENDING A DEED RESTRICTION THAT WAS GRANTED DUE
TO A SUBDMSION EXEMPTION AND CONDOMINIUMIZATION
TO THE ASPEN AIRPORT BUSINESS CENTER APARTMENTS
Resolution#200(- Q y�
RECITALS
WHEREAS, the Applicant has requested a change in a deed restriction that
was approved by BOCC Resolution No. 85-49;
WHEREAS, a hearing was held before the Board of County Commissioners
of Pitkin County, Colorado (hereinafter "Board") on r/)Crc A 8 / Z ooy
at which time evidence and testimony were presented with respect to said
application;
WHEREAS, the Aspen/Pitkin . County Housing Authority (hereinafter
"Housing") Board of Directors, the Board and the Applicant discussed this item in a
worksession on September 29, 1999.
NOW THEREFORE BE IT RESOLVED by the Board of County
Commissioners of Pitkin County, Colorado, that it does hereby grant a change in the
deed restriction, subject to the following conditions:
1. A deed restriction amending the Declaration of Restrictive Covenants will be
recorded replacing said deed restriction recorded at Book 526, Page 575 of the
Pitkin County Clerk and Recorders office.
2. The units shall be deed restricted under the Category 3 guidelines.
1 Illfll IIIII IIIIII illll Illllf III 1111111 ill 11111 IIII 1111
442114 04/12/2000 02:14P COVENANT DAVIS SILVI
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1
3. Rents shall be established under the current Guidelines, which would restrict
the maximum rent on a one-bedroom to $1,047 per month and $1,157 per
month on a two-bedroom unit, with the rents increasing on an annual basis per
the Guidelines;
4. the Aspen/Pitkin County Housing Authority has first right of refusal to
purchase the building should the School District decide to sell the building;
and
5. the units will remain deed restricted under the Amended Declaration of
Restrictive Covenants in perpetuity.
APPROVED by the BOCC at its regular meeting on 3 4 60
A ST: BOARD OF COUNTY COMWESSIONERS
;lon 10. OF PITKIN COUNTY,COLORADO
7 ByQ�-
J ette Jones Shellie Roy Hai0r, Chairperson
D uty Clerk&R order Date: :&- 1+� 00
APPROVED AS TO FORM: MANAGER APPROVAL:John Ely S e S. Kon han
Coun rney County Manager
APPROVED AS TO CONTENT:
Mary erts, Executive Director
Aspen/Pitkin County Housing Authority
I IlIIII 1111111111111111111111 III 1111111 Ill 111111111 IIII
442214 04/12/2900 02:14P COVENANT DAVIS 6ILVI
d of S A 25,00 D 0.00 N 0.00 PITKIN COUNTY CO
2
526 P=575 :..�.
DECLARATION� o/nP RE9TAICS^ ,IVE C0VFSlANT9 y A ea. E (.Oleo-•.�+ �
WI
EREA9, (hersiaeftac Smyth) Ss tits owner of
r L:t 10, Block 5 Aspen Airport Business Center; and °+�•' `
' WHEREAS, Smyth has obtained subdivision exemption and
condominization:w approval, for the subjectpropertypp j pursuant to
Resolution No. 55-49 of the Board of County Commissioners of
;., A. Pitkin, the terms, conditions, and obligations of which are
b incorporated by reference herein; and
WHEREAS, sold Resolution No. 85-49 requires that certain •j
:.r covenants regarding the subject property be placed of record; Y
Now THEREFORE, Smyth declares that the subject property
R: will be burdened with the following restrictive covenants:
y1 1. -Building V of the subject F:operty shall be used
only as employee rental housing units and shall be deed i
restricted in accordance with Housing Authority Standards, as
amended from time to time. Use mod occupancy of the employee
rental units shall be limited to housing for qualified
Z q employees in accordance with the moderate income guidelines as
+.�'. established by the Housing Authority of the City of Aspen and
r W Pitkin County or any successor thereto, and as amended from
�� s time to time. A 'Qualified Employee" as used herein shall i
? S mean any person currently residing in and employed in the City
K moo
¢ of Aspen or Count-, of Pitkin for a minimum average of 30 hours
n per week, nine months out of any twelve month period, and who +
shall meet moderate income and occupancy eligibility
requirements rs established and applied by the Housing
z—c Authority with respect to employee housing.
2. No Leese Agreement executed for occupancy of an
iA W
z employe- rental unit shell provide for a cancel term of leas 1
% than six consecr.cive months.
1i : s
$ 3. verification of employment of all person(s) living in
$c employee rental units shall be completed and filed with the
Housing Authority prior to occupancy. If the r•.ier of a
rentak,unit does not rent the employee unit to a qualified ?
person„ then the unit shall be made available for occupancy in
accordance with Housing Authority guidelines.
;..' ..
, r,.• 4. No sales of Condominium Units in Buildings F, C and H • ti..
of the Park Place Condominiums shall be sold un*il the
required number of rental units have been deed restricted. ;
YF
Fc:' }g
x�
1 Ln
1.
i ,-, «
")- ~•�` •mow.
,rr � ��.y •j.. .t � ..y�:chi
- .....9r'L;
eua� 526 P=576
Said rental Units shall be restricted in the following IX
f ;-
9 manner: Rental Unity :o be Deed Restricted
let Building - Sold Units LE, 2E and 4E '
• 2n^ Building - Sold Units IE, SE and RR t j• `r
Ird Building - Sold Units 7E and aE •�!
5. The sale units in Buildings r, C and H shall be •►r F
;•� subject to the Housing Authority occupancy guidelines. r
6. The restrictive covenants contained herein shall be
deemed to run with the land as a burden thereof for the n
benefit of, and shall be specifically enforceable by the Board
of County Commissioners of Pitkin County, the Housing
Authority of the City of Aspen and Pitkin County or the duly
:e authorized designee of the Board of County Commissioners of
*: Pitkin County, by any appropriate legal action including, but
not limited to injunction. abatement, or eviction of
non-complying tenants during the period of the life of the
last surviving member of the presently existing Board of
i^ County Commissioners of Pitkin County, Colorado, plus '
twenty-one years, or for a period of fifty yews from the date
,a of recording hereof in the Pitkin County real property
records, whichever period shall be less.
IN WITFESB WHF.RFOF Declarant has exec tad these
Restrictive Covenants he day i^dm a it t abov writtwen.
Clbtk Smyth, Pdclarant
The foregoing instrument was acknowledged by uiti•th „z �i r
Day ofcSmyth
WITNESS myr'Sand and Official 3 1.
••v., �• ..�1 r gT� -
i NOTARY PUBLIC
My commission expires:
7 rV
3
a
4. r
RESOLUTION UY 111K BOARD Or C011117Y COItM1;:.^.IONIat.^. 01P PITX1H COUNTY
•
Ca.ORnnO. GRn:::lt:: Will)IV L'::C ;fTION APJD
'•'e rr•'r CONDONINIDMISATION TO TIM /%ZPt:N Al R1.Ot:T IIU.,.Ni:L.. CENTUR APAIt't71C2.7•S - •`.iS; ;r-
Rcaolutton No. 0s-•1?
�* WHEREAS, Clark 5nyth (hereinafter "Applicant") Is under contract ��
.Inl-
to purchase from John McDride, the owner of record of Lot 10, Block S,
riling No. 1, Buildings E, F, G and It of real property, epec!lleally � _ ���, �•,
' described on the attached exhibits 'A" and 'S'l and
NBEREAS, the Applicant has requested subdivision exemption to
:;fir:..y. • place each building on a separate lot, and condominiumize buildings E
and F, G and MI while Building 9 will remain as rental unitst and
I WORMS, a hearing was held before the Board of County Commissioners
of Pitkin County, Colorado (hereinafeter "board"), on April 22, 1985,
,�•-; � at which time evidence and testimony were presented with respect to : ;; ,t•�;.;
`�•y I said application. "'�• "',=••�-y
�= M v. TBEREr •!tt•, DE IT RRT,OLv6D by the Hoard .flat it does hereby
::ram:o grant subdiv i n . !cmption and condoa•(niunizotion approval for the
<.. Aspen Airport L .:.uas Center Apartment.- in the existing Lot 10, Block yc ca` rya'
3: F(ling No. 1. semeat to the fel_c:::.or,
1. There shall be two flats prepared prior to final approval.
!�. A. A subdivision exemption Alai shall be submitted Etrr the
Code. :, r
' b. A condominium plat shall be submitted per Code. , t* ;
«� .
N + Both plats shall to rcvtcaed and apt-roved by the County to - .-;•;
Attorney prior to approval and recordation.
�N, j 2. The owner shall covenant that Duildin4 E will he emplovett
-�" housing rental unito and that the r- _a�'Or Elie dE�;r `` y
c3'F3Sm n,um :u >n s (Buildings F, C and II) shall not be 7 '• '* 'S
1.c.: g ?ei +:
'?- C ose Unt 1 t'hr renu zS t ('__r O re Unl 1 in Building
have keen deed-roctricted in nccordance w th the tiousing
Author�tandards. A document rubm:tted �by the e 3caa t t
o t r ca c and d�� ct�oa nroc3uce so al be
rcviowe an a rovrn by the CnLfnty Attorney prior to final +"
"r; a rovA n ad itior., a plat note on each
o a refer to the sal : rand deed-rratrietien 6:•_tacnt. E ..
i There shall bo 1 form associated with the sale and deed-
restriction document to be signed by the Routing Authority
at such time the apprnpriate- -ales and deed-rectrictions ' ,(
have been accompliched. Thin document shall be submitted + E
within sixty (60) days after approval.
,?ep
y 1 3. The above noted covenant shall specify that use and occupancy
of the employee rental units shall he limited to housing for
rt, qualified employrcr. in accordance with the moderate rental
guidelines eittahti:shed by the (lousing Authority of the City
^` of Aspen and Pitkin County or a succennor thereto. The
Owner of tt,c ur.:t:: :*h it have the tight. to lease the units r .•
Y to qualified rmpinyt•t•r of Itir tn.n nrl .-tion. Such individuals
l: mry to rnhlrvrr I twee:, or ^--r•lo:.'t! to Ar.r,enrPttkin
' County. 1q'o•:itic,'• ut ;, I ( I: CIi: f,.'.11: O.r: rcquirefrcnl:, of a
- tn014
rA.} r: �°r l�,'� ` . Fr!. �1y x .aye '•'?jiSo.s:+d:....:.:.`l'v.Yir '''ii- t...e1a21i`t..T+. ...a'.�.. • .•
ECp( 526 P=572i s ti
Resolution Yo. US-L)
Page 2
qualified employee. 'Qualified employee" as used heroin
shall mean any person currently residing in and employed in
the houtrn of Aspen or Pitkin County for a minimum ayarago of
30 per week, nine months out of any twelve-month
period, who shall meet moderate income and occupancy_ Panc71 eligibi- ,r:..;�.•:,> -
lity requirements established and applied by the Housing
Authority with respect to employee housing. There shall be
ov nant f units restrictin those units o e
ousing Authority occupancy ou c Ines.
4. The covenant shall be dcened to run with the land as a burden 741
thereof for the benefit of, and shall be specifically
enforceable by, the DOard of County Commissioners of Pitkin ?�;c
County, the Housing Authority of the City of Aspen and
• Pitkin County, or the duly authorized designee of the Board '' "
of County Commissioners of Pitkin Y any Y appropriate
, b a
legal action including but not limited to injunction, .. •'� ,,
abatement, or eviction of non-complying tenants during the ,
i period of the life of the last surviving member of the .r'',.
presently existing noard of County Commissioners of Pitkin
County, Colorado, plus twenty-one years, or for a period
Of fifty yearn from the date of recording horeof in the Pitkin ~:']"::, :;;.
County real property recordn, whichever reriod shall be lass.
Prior to final a(•F•roval, tills covenant shall be reviewed and
approved by the County Attorney. t .;
' S. No lease agreement executed for occupancy of the employee
rental, unit ahnll rroviur for a' rental term of Isar. than nix ":' •, �'..:
consecutive months. LS~�YY�v
6. VerificatioA of employarent of person (.z) living in the employee
1 rent•Fl units shall be completed and filed with ' Housing
Authority Office by the Owner of the unit prior to eccuparcyi'' �`s"
thet:of, and must, be acceptable to the Housing Authority.
If the Owner does not rent the employee unit to a qualified
' employee the unit shall he mace available for occupancy in •a.�s;:•.
r accordance with tt-e i?cu..in l:uthorit i "�'-''T'�'4 Y duidellne:, Frcvidec , i ..�,_ ;:
\ the Owner shall have the right to approve an I!roupective �v';i,rr»+c.
yy w.tenant, which which approval shall not be unroosonably delayed or ; ���'�''•"���
withhold. ';rs
2 •''t I . ty.;
APPROVED by the Boars at its regular meeting cn May 22, 1985.
BOARD OF COUNTY COMMISSIONERS
OF PITXIN COUNTY, COLORADO
I • B
Toga Blake, Chairman
ATTI
• f 'T��r ti'r'.L,•
i ...t Lee Scanlan# Deputy Cc untY Clerk �::x btom•f;..:;.
APPROVED AS TO FORM ' <
Th as F. Smith, CowFty Attorney
a