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Town Council Resolution 18 1983o, 1�tiuA40 76"r TOWN OF SNOWMASS VILLAGE 0 TOWN COUNCIL RESOLUTION N0. 18 FiTLORETTA BANNER KIN CTY. RECORDER SERIES OF 1983 FEB 18 3 28 P '83 A RESOLUTION AMENDING CERTAIN RESTRICTIONS CONTAINED IN ORDINANCE NO. 28, SERIES OF 1978 IN ORDER TO PROVIDE FOR USE OF THE ENCLAVE CONDOMINIUM MANAGER'S APARTMENT (CONDOMINIUM UNIT 100, THE ENCLAVE CONDOMINIUMS) BY INDIVIDUALS OTHER THAN EMPLOYEES OF THE ENCLAVE CONDOMINIUM ASSOCIATION. WHEREAS, Section 3(e), Ordinance No. 28, Series of 1978, recorded in Book 360 at page 29, of the records of the Clerk and Recorder for Pitkin County, Colorado, required that the manager's apartment in The Enclave Condominiums be deed restricted for use by an employee of the condominium association only, unless otherwise approved by the Board of Trustees of the Town of Snowmass Village, Colorado; and WHEREAS, the Declaration for the Enclave Condominiums recorded in Book 382 at page 369 of said records restricts Unit 100, The Enclave Condominiums "for use by or rental to an employee of the Association unless otherwise approved by the Board of Trustees of the Town of Snowmass Village in accordance with Section 3(e), Ordinance No. 28, Series of 1978, Town of Snowmass Village. . ."; and WHEREAS, the Enclave Condominium Association, Inc. (the "Association") has no present need for said Unit 100, and the developer of The Enclave Condomini- ums, Enclave Partners, Ltd., has requested a modification of the foregoing described restrictions to permit occupancy by employees other than those of The Enclave Condominium Association; and WHEREAS, the Town Council have reviewed the application and find that such request, subject to the conditions set forth in Section 2, below, which con- ditions are consented to by Enclave Partners, Ltd., meets the intent and purpose of providing one employee apartment in The Enclave Condominium project and is in conformance with the Town of Snowmass Village employee housing policies and ought to be approved. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: Section One. That Section 3(e) of Ordinance No. 28, Series of 1978 is hereby amended to permit occupancy of Unit 100, The Enclave Condominiums, by the Owner of such unit, such Owner's bona fide employees or Area Employees as well as the Association, subject to the restrictions set forth in Section 2, below, unless otherwise approved by the Board of Trustees of the Town. 2 766 Section Two. That Enclave Partners Ltd. shall impose the following deed restrictions upon Unit 100: a. No business or commercial activity shall be permitted except as may be incidental to the management of The Enclave Condominiums or other Snowmass Village Condominium or lodge properties. b. Unit 100 shall only be rented or leased to an employee of the Owner, an employee of the Association for the use and occupancy of such employee, members of the family of such employee, or an Area Employee. An Area Employee is hereby defined as an individual who is gainfully employed in the Town of Snowmass Village or elsewhere in Pitkin County, Colorado, working an average of at least 30 hours per week, 50 weeks per year. C. In the event the Owner desires to lease Unit 100 to an employee other than its own, the Owner hereof shall give written notice to the Association, or its designated property manager, setting out in full the terms of the proposed lease agreement. Upon receipt of said notice, the Association shall have the exclusive right and option, exercisable at any time during a period of ten (10) days from the date of receipt of said notice, to lease Unit 100 under the terms and conditions of the offer as set out in such notice. If the Association does not elect to exercise its option, the Owner shall be free to lease Unit 100 to an Area Employee under the terms and conditions set forth in the written notice therefore given to the Association to exercise its option to lease as herein provided must be made strictly upon the terms and conditions as described in the required notice, and any proposed lease upon changed terms and conditions shall be subject to the same option and the same notice requirements set forth herein. The Owner of Unit 100 shall notify the Snowmass Housing Authority or its agent of the terms and conditions of such lease. d. The aggregate, gross monthly rent the Owner of Unit 100 may charge shall not exceed 120% of that charged for a comparable unit in the Creekside housing project owned by the Town of Snowmass Village. e. A notice shall be posted and maintained at all times in a conspicuous place in Unit 100 which notice shall specify in a dollar amount the maximum aggregate monthly rent which the Owner may charge for the rental of Unit 100 to the Association and Area Employees pursuant to these restrictions. f. In the event the Owner of Unit 100 receives a bona fide offer from a third party to purchase the unit, such Owner shall notify the Association ten days after receipt of such offer. Such notice shall describe in detail the terms and conditions of such offer. The Associa- tion shall then have thirty days after its receipt of such notice from Owner in which to elect to purchase Unit 100 upon the terms and conditions contained in such offer by written notice to Owner given within said thirty day period. If the Association does not so elect to purchase Unit 100 and if the Owner thereafter within 120 days after the date notice to the Association was received by the Association consummates the sale of Unit 100 to the third party specified in such notice upon the same terms and conditions as contained in such notice, all rights of the Association shall terminate. If the sale of Unit 100 to the third party specified in Owner's notice to the Association is not consummated within said 120 day period upon the same terms and conditions as set forth in the notice to the Association, the right of first refusal granted to the Association by this Section shall remain in full force and effect. If the Association timely elects to purchase Unit 100, the closing for such purchase shall be consummated within 120 days after the date on which the Association received owner's notice. The foregoing right of first refusal shall terminate in the year 2033. g. The foregoing covenants and conditions shall be binding upon and be observed by the Owner, his heirs, personal representatives, successors, and assigns, and shall run in favor of and be enforceable by the Association. These covenants are to run with Unit 100 and shall be binding on all parties claiming under them and shall not be altered, changed, amended or revoked in whole or in part, except, however, they may be changed, altered, amended or revoked in whole or in part upon the approval of the Town of Snowmass Village. h. Enforcement of these covenants shall be a proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages resulting from the violation. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on the 7th day of February, 1983, by a vote of 7 to TOWN OF SNOWMASS VILLAGE, COLORADO tic Jefferson Tippett, Mayor kl`TEST:'� �--) S.' S. Hansen, Town Clerk