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#363454 1 1 / ! r / 93 -, : 56 5f $15. 00 BK 731 � 6 709
G'_t. k;i r? L'n t.y C1F�Y.t Ct�r $ QU ACCESSORY DWELLING UNIT DEED RESTRICTION
APPROVED PURSUANT TO ORDINANCE 60 (COTTAGE INFILL),
ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND
SECTION 5-510 OF THE ASPEN CITY LAND USE CODE,
AND RESOLUTION #93-23
THIS ACCESSORY DWELLING UNIT DEED RESTRICTION is made and
entered into this 15*` day of November, 1993, by Bruce C. Berger
("Coventor") for itself, its successors and assigns, for the
benefit of the City of Aspen, Colorado, a municipal corporation,
and the Aspen/Pitkin County Housing Authority, a multi -
jurisdictional housing authority established pursuant to the
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded in Book
605 at Page 751 of the records of the Pitkin County Clerk and
Recorder's Office ("Authority").
WHEREAS, Coventor owns that parcel of real property located at
314 Gillespie Avenue, in the City of Aspen, County of Pitkin,
Colorado, more specifically described as the Easterly Tract, C.F.
Murphy Subdivision Exception (recorded October 31, 1980 in Plat
Book 10, Page 56), which is situate a guest house, to contain a
studio unit in the basement, and be approximately 397 net liveable
square feet. This unit will be noted as the accessory dwelling
unit ("Unit"); and
WHEREAS, Coventor agrees to accept and impose certain
conditions on its use and occupancy of the Unit as an accessory
dwelling unit under the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the mutual promises and
obligations contained where, the Coventor hereby covenants and
agrees as follows:
1. The Unit as identified hereinabove shall not be
condominiumized and, if rented, shall be rented only in
accordance with the guidelines as adopted and as may be
amended from time to time by the Authority governing
"resident -occupied" dwelling units.
2. Coventor need not rent the Unit: however, when rented, only
qualified residents, as defined in the Housing Guideli.:es,
shall reside therein and all rental terms shall be for a
period of not less than six (6) consecutive months. When
renting the unit, Coventor shall maintain the right to select
the qualified resident of its own choosing at the rental rate
of its own choosing with no restriction as to the income of
the resident. An executed copy of all leases for the Unit
shall be submitted to the Authority within ten (10) days of
the approval of a qualified resident.
3. The covenants and limitations of this deed restriction shall
i
run with and be binding on the land for the benefit of the
City of Aspen and the Authority, either of whom may enforce
the provisions thercuf through any proceedings at law or in
equity, including eviction of non -complying tenants.
As
4. it is understood and agreed by the Coventor that no waiver of
a breach of any term or condition as contained in this deed
restriction shall be construed to be a waiver of any brslch of
the same or other term or condition, nor shall failure to
enforce any one of the terms or conditions, either by
forfeiture or otherwise, be construed as a waiver of any term
or condition.
IM •ZTM " WoF, Coventor has placed its duly authorised
signature hereto on the date as described above.
COVENTOR: r
By.
Mailing Address; eto 9WAeIQ+44+'-
A4*7 - %1.44W
STATE OF
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The for" ins was acknowledged before ms this A —
day of �(�f�m . 19 , by,Bruoe C. Berger.
UITNBSS Ny band and official seal.
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g363454 11/17/93 11:58 ReC $15.00 BK 731 PCs 711
Silvia Davis, Pitkirt Cnty Clerks Doc 1.00
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The foragoing agreement and its terms are accepted by the
Aspen/Pitkin County Housing Authority.
THR ABPmi/PI CDtI
Hans
By:
David J. MylaprChairman
Hailing Address:
530 East Main street, Suit* 001
Aspen, 00 81611
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dap of 7�w�c�.r.1/.oJ!/ , is, byDavid a. 1WUW
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