The URL can be used to link to this page

Home My WebLink About20160630 Ironbridge School District Deed RestrictionDECLARATION OF MASTER DEED RESTRICTION AND AGREEMENT CONCERNING THE SALE, OCCUPANCY, AND RESALE OF PROPERTY THIS DECLARATION OF MASTER DEED RESTRICTION AND AGREEMENT CONCERNING THE SALE, OCCUPANCY, AND RESALE OF PROPERTY (“Deed Restriction”) is entered into this ____ day of _____________, 2016 by the Roaring Fork RE-1 School District (“District”), the Board of County Commissioners of Garfield County, Colorado (“County”) and the Garfield County Housing Authority (“GCHA”). RECITALS WHEREAS, the District is the owner of certain property described as Parcel A, Ironbridge Planned Unit Development – Phase II, Filings 1, 2 & 3 as shown on the Amended Final Plat recorded as Reception No. _______ in the Garfield County Clerk and Recorder’s Office, County of Garfield, State of Colorado, said parcel containing 0.459 acres, more or less ("the Property"); and WHEREAS, the District intends to engage a general contractor experienced in the construction of residential dwelling units for the purpose of constructing three (3) duplexes consisting of six (6) residential housing units upon the Property (“Units”); and WHEREAS, the District obtained the Property from Blue Heron Development Company (“Blue Heron”), which desired to set aside the Units for the purpose of providing affordable housing for the residents of Garfield County, Colorado, specifically for employees of the District; and WHEREAS, it is the intent of the District that the Units in the Project be restricted to use and occupancy by District employees (except as otherwise permitted herein) as that term is defined in this Agreement; and WHEREAS, the District desires to maintain the affordable, rental housing on the property; and WHEREAS, Blue Heron is obligated to provide six (6) affordable housing units to satisfy the last affordable housing requirements of the Ironbridge PUD; and WHEREAS, the County has accepted the Units in partial satisfaction of Blue Heron’s affordable housing obligations with respect to the Ironbridge PUD. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledges, the District hereby declares, covenant and agrees as follows: ARTICLE 1 DEFINITIONS 1.1 "County" shall mean the County of Garfield, Colorado. 1.2 "Employee Housing Rental Guidelines" or "Rental Guidelines" shall mean those certain guidelines promulgated by the District, which may contain the eligibility standards for certifying and prioritizing Qualified Residents. 1.3 "Qualified Residents" shall mean one or more natural persons who are certified by the Owner and/or Property Manager as District teachers or other employees, and in accordance with this Deed Restriction. 1.4 "Property Manager" ("Manager") shall mean the District or a property manager retained by the District to operate the Project in accordance with this Deed Restriction. 1.5 "Unit" shall mean one or more of the residential dwelling units constructed on the Property for rent to District employees, or other Qualified Residents, subject to the terms of this Agreement. 1.6 "Owner" shall mean the current and all future owners of the Project. ARTICLE 2 AGREEMENT BINDS THE PROJECT 2.1 Binding Nature. This Agreement shall constitute a covenant running with the title to the Project as a burden thereon, for the benefit of, and enforceable by, the District. This Agreement shall bind the Owner and all District Employees or occupants of the Units. Each and every occupant of a Unit within the Project shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during each occupant's respective period of occupancy of a Unit. Each and every conveyance of the Project or a portion thereof, or interest therein, for all purposes, shall be deemed to include and incorporate by this reference, the covenants contained in this Agreement, even without reference to this Agreement in any document of conveyance. ARTICLE 3 QUALIFIED TENANTS; AFFORDABILITY 3.1 Occupancy. The District hereby restricts the occupancy and use of the Units to Qualified Residents, except as expressly permitted by this Deed Restriction. A Qualified Resident may not sublease the Unit or any part thereof. A Qualified Resident may only have a roommate who is not a Qualified Resident with the District’s written consent. 3.2 Priority. The District has the right to select all Qualified Residents to occupy the Unit in its sole discretion according to the restrictions contained herein and any Rental Guidelines promulgated by the District. The first priority for Qualified Residents shall be employees of the District. If the District is unable to secure a lease with a first priority tenant and a unit remains vacant or unleased for a period of 120 days, the District may expand its search for a tenant to a natural person employed within Garfield County who will occupy the unit as his or her principal place of residence for a lease term not to exceed six (6) months, after which the District must take reasonably diligent steps to lease the Units to an employee of the District. In no event shall a Unit be leased to any resident who will not occupy the Unit as his or her principal place of residence. 3.3 Affordability. The District’s Rental Guidelines shall ensure that the Units remain affordable to Qualified Tenants. However, no income or asset limitations shall apply to District employees occupying the Unit. ARTICLE 4 OCCUPANCY AND LEASE RESTRICTIONS 4.1 Occupancy. No occupants of the Unit shall engage in any business activity on or in a Unit. 4.2 No Discrimination. In the rental and occupancy of the Units, there shall be no discrimination on the basis of age, race, creed, color, sex, sexual orientation, disability, religion, national origin, marital status or affiliation. 4.3 Vacancy. When a Unit becomes vacant, Manager shall promptly make it available and actively market said Unit for lease to another Qualified Tenant in accordance with this Deed Restriction and the Rental Guidelines. 4.4 Principal Residence. Each Unit shall only be leased and occupied by residents who will utilize the Unit as his or her principal place of residence. A principal place of residence shall mean the dwelling in which one's habitation is fixed and to which a person, whenever he or she is absent, has a present intention of returning after a departure or absence there from. 4.5 Leases. No Unit shall be leased or otherwise occupied unless the occupant has executed a lease in a form approved by the Owner. The lease shall contain a statement that incorporates the terms and conditions of this Agreement. ARTICLE 5 CONVERSION TO FOR-SALE AFFORDABLE HOUSING UNIT 5.1. Conversion to Ownership. The District may convert a Unit into an ownership unit for the purposes of use and occupancy. Conversion shall require subdivision approval from the County, which shall not be unreasonably withheld. In the event RFSD receives subdivision approval to convert one or more Unit(s) to Ownership, RFSD shall record a substitute deed restriction which shall ensure conformance with the County’s Inclusionary Zoning for Housing, which deed restriction shall be substantially similar to that certain Declaration of Master Deed Restriction and Agreement Concerning the Sale, Occupancy and Resale of Property Described as Lots 199, 200, 222 and 223, Ironbridge Planned Unit Development, Phase II, Garfield County, Colorado recorded on April 29, 2008 as Reception No. 747553 (said future substitute deed restriction the “For Sale Deed Restriction”). Upon recording of such For Sale Deed Restriction, this Deed Restriction as applied to said Unit shall automatically without the requirement of recording further documentation be released from and no longer subject to this Deed Restriction. In such event, the County shall execute a release of such Unit from this Deed Restriction upon request by the District. 5.2. Administration of Sale. The District shall work with the GCHA to administer any future sale of a Unit. Such Unit shall be sold in accordance with the then- applicable provisions of the Garfield County Code regarding Inclusionary Housing, except to the extent such Code provisions conflict with this Deed Restriction. Notwithstanding anything to the contrary herein, or in the Garfield County Code, employees of the District who have lived continuously within the Roaring Fork Valley between Aspen and Glenwood Springs for more than two (2) years shall have initial priority in purchasing said Unit(s). 5.3. Sales Price; Appreciation. The initial sales price of each Unit was calculated by the County, and is set forth on Exhibit A. During the District’s ownership, the Units shall be entitled to appreciate above the initial sales price, but such annual appreciation shall be no more than 3% simple interest, plus the cost of Permitted Capital Improvements, as defined by Garfield County Land Use and Development Code Section 8-304 (2016). ARTICLE 6 GENERAL PROVISIONS 6.1. Notices. All notices and demands required or permitted under this Agreement shall be in writing as follows: (1) by actual delivery of the notice to the party entitled to receive it; (2) by mailing such notice by certified mail, return receipt requested, in which case the notice shall be deemed to be given three days after the date of its mailing; or (3) by Federal Express or any other overnight carrier, in which case the notice shall be deemed to be given as of the date it is sent. All notices which concern this Agreement shall be sent or delivered, as the case may be, to the address of the appropriate party as set forth below, except if changed by a party by notice pursuant hereto: If addressed to Owner: Roaring Fork RE-1 School District 1405 Grand Avenue Glenwood Springs, CO 81601 With a copy to: Balcomb & Green, P.C. Attn: Chad J. Lee, Esq. P.O. Drawer 790 Glenwood Springs, CO 81601 clee@balcombgreen.com If to County: Garfield County Commissioners 109 8th Street, Suite 213 Glenwood Springs, CO 81601 6.2 Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable laws, ordinances, rules, regulations, rulings, orders, requirements and guidelines of federal, state and local authorities and agencies applicable to the Project; but if any provision of any of the foregoing shall hold to be invalid or otherwise prohibited under said laws, ordinances, rules, regulations, rulings, orders, requirements or guidelines of federal, state and local authorities and agencies applicable to the Project, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of the Agreement. 6.3 Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 6.4 Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the Parties to this Agreement. However, the party whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. IN WITNESS WHEREOF, the parties hereto have executed this Deed Restriction on the day and year first written above. RFSD: __________________________________ Roaring Fork RE-1 School District By: Mary Elizabeth Geiger Board President STATE OF COLORADO ) ) ss. COUNTY OF _______ ) The foregoing instrument was acknowledged before me _________________, 2016, by Mary Elizabeth Geiger, President of the Roaring Fork RE-1 School District Board of Education. WITNESS my hand and official seal. My commission expires: ______________________ __________________________________ Notary Public ACCEPTANCE BY THE GARFIELD COUNTY HOUSING AUTHORITY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY The foregoing Declaration of Master Deed Restriction and Agreement concerning the Sale, Occupancy and Resale of Property and its terms are hereby adopted and declared by the Garfield County Housing Authority and the Board of County Commissioners of Garfield County. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By:_____________________________________ Print Name: Title: Chairman ATTEST: ______________________________________ Jean Alberico, Clerk and Recorder Garfield County, Colorado GARFIELD COUNTY HOUSING AUTHORITY _______________________________________ Its: ___________________________________ EXHIBIT A INITIAL SALES PRICE OF UNITS