Loading...
HomeMy WebLinkAboutPEC13028 Restriction.pdfEagle County, CO 201321576 Teak J Simonton 10/24/2013 Pgs: 7 04:33:06 PM REC: $41.00 DOC: $0.00 DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY, RENTAL AND TRANSFER OF A TYPE IV EMPLOYEE HOUSING UNIT TIJIS JDEED RESTRICTION AGREEMENT ( "Deed Restriction ") is entered into this y of _ , 2013 by and between the TOWN OF VAIL, COLD ADO and BRADLEY R. TJOSSEM. WHEREAS, Ordinance No. 7, Series of 2013, requires the submittal:of this deed restriction to the Town of Vail for recording prior to the submittal of the amended final plat for Elk Meadows Subdivision. NOW, THEREFORE, for value received, the parties to this Deed Restriction do hereby agree to, declare and impose the following covenants and restrictions on the property herein specified: 1. Property. The following real property is an EHU and is hereby burdened with the covenants and restrictions specified in this Deed Restriction: Pitkin Creek Park Park Unit 7 -A, also known as 3971 Bighorn Road No. 7 -A Vail. Colorado 81657 (the "Property "). The Town shall record this Deed Restriction against the Property at the Owner's expense. a. The Employee Housing Unit (EHU), containing 669 square feet, is hereby restricted as a Type IV EHU which must comply with all the provisions of Chapter 13, Title 12 of the Town Code of Vail as amended. b Occupancy of the Type IV EHU shall be limited to a maximum of two persons per bedroom. C. The Type IV EHU shall have its own entrance. There shall be no Interior access from any EHU to any dwelling unit to which it may be attached. d. The Type IV EHU must contain a kitchen or kitchenette and a bathroom. e. The Type IV EHU may be sold, transferred, or conveyed separately. f. The Type IV EHU shall be operated and maintained in accordance with Chapter 13, Title 12 of the Town Code of Vail. Failure to do so may result in enforcement proceedings in a court of competent jurisdiction and in accordance with Chapter 3, Title 12 of the Town Code of Vail. 2. Definitions. The following definitions shall apply to this Deed Restriction: a. Domestic Partner means two unmarried people, at least eighteen (18) years of age, who have lived together continuously for at least one (1) year and who are jointly responsible for basic living expenses incurred during their domestic partnership, provided that domestic partners may not be persons related to each other by blood or adoption such that their marriage would be barred in the State of Colorado. An individual shall be considered a domestic partner of an Owner upon presentation of a sworn affidavit to the Town. b. Employee means a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County at a business located in Eagle County. C. Employee Housing Unit (EHU) means a dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. d. Non - Qualified Owner means any person who does not meet the definition of Employee, as it is defined in this Deed Restriction, and who is unable or unwilling to rent the Property to an Employee. e. Owner means either a Qualified Owner or a Non - Qualified Owner, as the context requires. f. Person means a natural person and excludes any type of entity. g. Qualified Owner means either an Employee who is qualified to own an ownership interest in the Property, or a person or entity that is not an Employee, but who is nevertheless qualified to own an ownership interest in the Property because the Property will be rented to an Employee pursuant to the terms of this Deed Restriction. h. Transfer means any sale, assignment or transfer, voluntary or involuntary, of any interest in the Property, including but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, and an interest evidenced by a land contract by which possession of the Property is transferred and Owner retains title, but not an encumbrance. 3. Occupancy Restrictions. The Property shall be continuously occupied by an Employee, and shall not remain vacant for a period in excess of ninety (90) consecutive days. 4. Lease Restrictions. If the Property is leased to an Employee, the following requirements shall, apply: a. The Property shall not be leased for a period of less than thirty (30) consecutive days; and b. The Property shall not be subdivided or divided into any form of timeshare unit or fractional fee club unit. 2 5. Transfer. a. Every Transfer shall be subject to this Deed Restriction except the following: i. A Transfer to an existing spouse or Domestic Partner if such person is a Qualified Owner; ii. A Transfer by an Owner to a spouse or Domestic Partner if such person becomes the co -owner of the Property and is a Qualified Owner; iii. A Transfer between spouses as part of a marriage dissolution proceeding; or iv. A Transfer to an existing spouse or Domestic Partner of the Owner by devise or inheritance following the death of the Owner. b. If a Transfer occurs by devise or inheritance due to death of the Owner, the personal representative of the Owner's estate or the person inheriting the Property shall provide written notice to the Town within thirty (30) days of the date of death, and the following procedures shall apply: i. If the person inheriting the Property (the "Inheriting Owner ") is a Qualified Owner, he or she shall provide the Town with documentation proving his or her status as such, and the Town may determine if the Inheriting Owner is in fact a Qualified Owner. If the Inheriting Owner fails to provide the required documentation, he or she shall be deemed a Non - Qualified Owner. If the Inheriting Owner is a Qualified Owner, he or she shall succeed to the Owner's interest and obligations under this Deed Restriction. ii. If the Inheriting Owner is a Non - Qualified Owner, he or she shall be required to transfer the Property to a Qualified Owner. iii. If the Inheriting Owner chooses to Transfer the Property, he or she shall provide the Town with a Notice of Intent to Transfer within sixty (60) days of the date of the Owner's death. iv. Failure of an Inheriting Owner to follow the procedures in this Section shall constitute a default under this Deed Restriction and the Town may exercise any of the remedies set forth in this Deed Restriction. C. Any Transfer without satisfaction of the conditions of this Deed Restriction is prohibited. 6. Notice of Intent to Transfer. If the Owner intends to Transfer the Property, the Owner shall promptly give the Town written notice of such intent ( "Notice of Intent to Transfer "), which shall include following: a. The address of the Property and the name of the Owner; b. The date on which the Owner intends to Transfer the Property; C. Evidence to establish that the purchaser is a Qualified Owner, including the name of the purchaser's employer, and the address of the purchaser's place of employment; and d. If applicable, the name and employer of any Employee who leases the Property and a copy of the lease agreement between the Employee and the Owner. 7. Annual Verification. No later than February 1St of each year, the Owner shall submit a sworn affidavit to the Town including the following information: a. Evidence to establish that the Property has been occupied throughout the year by a Qualified Owner or an Employee; b. The rental rate (if applicable); C. The Employee's employer (if applicable); and d. Evidence to demonstrate that at least one occupant of the Property is a Qualified Owner or an Employee. 8. Notice and Cure. If the Town discovers a violation of this Deed Restriction, the Town shall notify the Owner of the violation and allow the Owner fifteen (15) days to cure. The notice shall state that the Owner may request a hearing before the Town Council within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Deed Restriction. If a hearing is held, the Town Council's decision shall be final. 9. Remedies. There is hereby reserved to the parties hereto any and all remedies provided by law for violation of this Deed Restriction or any of its terms. a. If the Property is conveyed without compliance with this Deed Restriction, such 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 contained in this Deed Restriction, even if they fail to reference this Deed Restriction. b. If the Owner fails to cure a violation of this Deed Restriction, the Town may resort to any and all available legal action, including, but not limited to, specific performance of this Deed Restriction or a mandatory injunction requiring the Transfer of the Property by the Owner, with the costs of such Transfer shall be paid out of the proceeds of the sale with the balance being paid to the Owner. 4 C. If such request is made by the Town, the Owner irrevocably authorizes the holder of any mortgage or deed of trust against the Property to disclose to the Town if the Owner is delinquent in any payments due to any such mortgage or trust deed holder and the duration and amount of such delinquency at the time such inquiry is made by Town. 10. Foreclosure. In the event of a foreclosure, acceptance of a deed in lieu of foreclosure, or assignment to the United States Secretary of Housing and Urban Development, this Deed Restriction shall remain in full force and effect. 11. General Provisions. a. Notices. Any notice, consent or approval required by this Deed Restriction shall be given by either: mailing by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the address provided herein; or hand - delivery to the address provided herein. Notices shall be considered delivered on the date of delivery if hand - delivered or if both hand - delivered and mailed; or three days after the postmark, if mailed only. Notices shall be sent to the parties at the following addresses unless otherwise notified in writing: To the Owner: Bradley R. Tjossem Post Office Box 2975 Vail, Colorado 81658 To the Town: Housing Coordinator xc: Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 b. Severability. Whenever possible, each provision of this Deed Restriction shall be interpreted so as to be valid under applicable law, but if any provision of this Deed Restriction is declared invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Deed Restriction. C. Governinq Law and Venue. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. d. Successors. The provisions and covenants contained in this Deed Restriction shall inure to and be binding upon the heirs, successors and assigns of the parties. This Deed Restriction shall be a burden upon and run with the Property for the benefit of the beneficiaries, their successors and assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction, and damages. e. Modification. This Deed Restriction may only be modified upon written agreement of the parties. f. No Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Deed Restriction shall be valid against any party hereto except on the basis of a written instrument executed by the parties. g. Integration. The foregoing constitutes the entire agreement between the parties regarding the Deed Restriction and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto. h. Third -party beneficiaries. There are no intended third -party beneficiaries to this Deed Restriction. R IN WITNESS WHEREOF, the Parties hereto have executed this Deed Restriction on the date first set forth above ATTEST: own lerk STATE OF COLORADO COUNTY OF EAGLE TO N OF VAIL, COLORADO 954hley Z mler, Town Manager The foregoing instrument was subscribed, sworn to and acknowledged before me this a (- day of -�V NG , 2013, by Bradley R. Tiossem, as the owner of the real property located at 3971 Bighorn Road No. 7 -A Vail, Colorado 81657. Witness my hand and official seal. SEAL Notary Pdblic AROLYN GODFREY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124079643 W COMMISSION EXPIRES DECEMBER 1]2016 My commission expires �� I I / - VA