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HomeMy WebLinkAboutC04-299 The Gabriel Foundation Coy-~q~- ~o -t,~ ' .. X91111 aqe: 1 of 3 ' 09!15/2004 02:17P Teak J Simonton Eagle. CO 23 R 0.00 D 0.00 STIPULATION AGREEMENT BETWEEN EAGLE COUNTY AND THE GABRIEL FOUNDATION REGARDING COMPLIANCE WITH EAGLE COUNTY ZONING REGULATIONS AND BUILDING CODE REGULATIONS This Stipulation Agreement (hereinafter referred to as the "Stipulation") is entered into this l~fa'`"day of September, 2004 by and between The Gabriel Foundation, a Colorado non-profit corporation (hereinafter referred to as the "Foundation"), the Julie Mura=a Revocable Trust, dated Febnlary 7, 1984 (hereinafter referred to as the "Trust"), and th County of Eagle, a political subdivision of the State of Colorado, acting through its Board of County Commissioners (hereinafter referred to as the "County"). RECITALS WHEREAS, The Foundation modified apre-existing steel structure into an aviary shelter facility for companion parrots_located at 2101 Emma Road, Basalt, Colorado in Eagle County (hereinafter referred to as the "Property") in a good faith belief that such actions were permitted; and WHEREAS, The Foundation was sent Notices of Violation of the Eagle County Land Use Regulations (hereinafter referred to as the "LUR") on June 3, 2003, October 23, 2003 and January 9, 2004 regarding, primarily, modification of the aviary structure 1 at the Property without a building permit pursuant to the Eagle County Building Code ~d operation of a bird sanctuary on the Property without a special use permit pursuant to section 5-250 of the LUR. The Property is owned by the Trust. The legal description of the subject property is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, on or about December 4, 2003, the Foundation submitted a land use application, file Number ZS0010 (hereinafter referred to as the "Application"), to effect compliance with the building code and zoning requirements of the LUR; and WHEREAS, subsequently, on or about July 27, 2004, the Foundation withdrew its Application and provided notice of same to the Department of Community Development and the Eagle County Attorney's office; and WHEREAS, the parties desire to establish requirements Eagle County shall require for the Foundation's removal of the aviary and the necessary actions for compliance with the building code within a specified time period. STIPULATION /.~ a a M *S ~~~'m ~~~@ •+N0 ~ ~ .. ~ ~ v~ ~, . ~a~ m ~~ ~~ ~. r _~ m r~ N o ~ U m ~~ ~ ~A W ~~ 0 ~Y ~~ ~~ ~. N ~~~ - Y ~~ NOW, THEREFORE; in consideration of the mutual promises set forth herein, the parties agree as follows: 1_ The Foundation shall remove eriy a~ad all operation of the aviary from the Property no later than 12:00 p.m., June 1, 2005, Chexeiaafler referred to as the "Compliance Deadline"). 2. Within t}~e Compliance Deadline, ttte aviary building must be modified to: (a) remove the kitchen; (b) either trrstove the ba~tl-toorn ar assure that the bathroom tom,plies with the septic system requirements pursnan~E to Eagle County L'UR aid the Eagle County b~tviromnental Health Depat~er~t standards as supported by a septic system Permit; (c) corrgct all mechanical and electrical code violations (pursuant to its use:as an agrieuItwal building) to the satisfaction of the Eagle Coumly Bunlding Department (herern~er refentd to as the "Building Departrnent'~; and (d) the Foundation shall deliver construction plans to the Building Aepartrnerrt within four, (4) weeks of the Eagle County- Board of County Commissioners execut{n~g this Stipulation. Said construction plans shall demonstrate the proposed cotreciions for compliance and cost estimate. Notwithstar~ng, the Foundation may choose to demolish and xeaaove~ the aviary structure, however, the Foundation must obtain a demolition permjit from the Bu>7ding Deperdnent. 3. A cost estimate which is reasonable aid acceptable to the Building Depattmt~t siaall be ~ovided to the Coeuaty. lftbe Building Depanmern opi~aes that the cost estimate is not acceptable, the Foundation shall resubmit a now cost estimate no later than three (3) days from the Cow~ty's rejection ofthe unaccepted cost estimate_ t~ tQe cost estimate is accepted, •the Foundation slaaN provide ~secnrity and eo]lateral in the forrh of a performance• bond or a letter of credit (hereinafter referred to as the ~Secwiiy and Collateral"), in the amount of ] 10% of the cost estimation to cover the cost of modifications to the aviary buildins (or for the cost of demolition and removal of the buildtz~ and for the clean up costs associated with the occupancy of the•Properry by the birds. The Security and CoIlattts! shall be provided to the County within one week of the submission of the constmctioa plans. 4. A compliaade inspection of the Properly we71 be made by the Building De~parhnent, the Eagle County. Environmental Health Deparhnent and the Foundation, no later ~ thirty (3p) days prior to the Compliance Deadline,. In addition, the Fottndati;oa will submit an envimnmeatal inspection report by its environn>entai ooasultant regarding compliancx with enviroruaental standards. - t~poa inspection if it is determined that additional work is needed for compliance; the Foundationf agrees to diligerrtly perfoxta nay additional work rt~trired' for compliance. If the Fourrdativn~does net comply with the requirements set forth' in this Stipulation, the Coin shall itaplenaeat any and all available remedies ptusuant to C.R.S. § 3'0 28-124,'Chaptor2, Ariicle 7 Scctioa 7100.b.1, LUIS C.R.3. § 30 28-209, C.R, S, § 30-28-210 and section 108.4. of the I,UR. S. The County agr~s thgt upon compliance with ~ the conditions contained in this Stipulation, a(I f ties, pet~tres and charges which have accrued and/or been imposed, . assessed or levied agaainst the Property by the County, as a resuat of rho maUers descnbed in this Stipulation will be es~acelled, waived and forgiveo. ~ ad~tioa, ~~ satisfactory compliance of the Stipulation by the Foundation, the Security and Collateral will be released and canoelIed Notwiithstandin~ the foregoing, the parties agree that nothing contained a waives or is intended to waive any remedies or protections that the County or the Foundation a a M ~~"mm ~~~m °mm N N ~ .. ~ /R W r. \./ F 01 ~ rom ~a.+ m -~ -m __ _. m ~~ N _~ ~. o ~ U ~~ ~~ ~~ " W ~~ ~° ~~ _o ~~ ~~' ~ Y m . -~' 111 of 3 L ~ • 09 / 1... 2004 02 :17P Zg R 0.00 D 0.00 eak J Simonton Eagle; CO By: has pursuant to C.R.S. § 30-28-124, Chapter 2, Article 7 Section 7-100.b.1, LUR, C.R.S. § 30-28-209, C.R.S. § 30-28-210 and section 108.4 of the LUR or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws if in the event the terms of this Stipulation are not completed as set forth herein. 6. The parties hereto agree tha', this Stipulation shall be recorded in the Records of the Eagle County Clerk and Recorder ~ "»on execution by the parties. Upon satisfactory compliance by the Foundation of the ret?uirements herein, the County shall execute a release and confirmation of compliance and record said document in the Records of the Eagle County Clerk and Recorder Executed on this~day of September, 2004. ATTEST: Clerk to the Board of County Commissioners Eagle County, Colorado COUNTY OF EAGLE, STATE OF COLORAI By and Through Tts BnARI~ nF r,'(~i TNTY . THE GABRIEL FOUNDATION By Murad, Founder, and President Approved as to form: Eagle County Attorney's Office By~'~ Walter Mathews, IV The Gabriel Foundation Counsel: Kaufman, Peterson & Dishler, P.C. • By: ~~ /j . ~~• Hal S. Dishier, Esq. 3 a v rq v ~ @ m ~~vm o ~ ~ d~t""'~° 0'1 CDaam m ~~@ m ~v ~~ m ~ N .~- ~~ U -w m m ~ ro w ~~ c 0 ~~ ~~ ~~~ ~~ .~ ,, Y ~ ~ d F- A3 t',NA2wrt~4nt ~o 'fEM Ez6ibit "A" a v M LEGAL DESCRIPTION ~w~m ~ °@m ~.dt~~° ..~ v~ ~f ~. C a~ A PARCEL OF LAND SITUATED IN TRACT 60, SECTION 1 1, TOWNSHIP 8 Q w~ m SOUTH, RANGE 87 WEST OF THE 6~ PRINCII'AL MERIDIAN, MORE ~ ~ PARTICULARLY DESCRIBED AS FOLLOWS: •-~ ~~ BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, WHENCE ~~ THE SOUTHWEST CORNER OF SAID TRACT 60 BEARS S. 89 DEGREES ~°" O1 MINUTES 00 SECONDS W. 1949.64 FEET; THENCE N. 89 DEGREES O1 MINUTES 00 SECONDS E. 602.08 FEET; THENCE N. 00 DEGREES 09 ~~ m MINUTES 00 SECONDS W. 302.45 FEET TO A POINT ON THE ~~~ W SOUTHERLY RIGHT OF WAY OF 'THE DENVER AND RIO GRANDE AND •~- o WESTERN RAILROAD; THENCE N. 72 DEGREES 58 NIlNC7TES 50 ,, SECONDS W 863.14 FEET ALONG SAID RIGHT OF WAY; THENCE S. 21 ;~ DEGREES 49 MINUTES 17 SECONDS E. 608.82 FEET TO THE POINT OF ~~~ ~~ BEGINNIl~tG, COUNTIES OF EAGLE AND PITKIN, STATE OF COLORADO. Transcn~bed from Title Policy 891111 Page; 3 0~ 3 09/15/2004 @2:17P Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 OFFICE OFTHE COUNTY ATTORNEY (970)328-8685 FAX: (970) 328-8699 www.eaglecounty.us f}~GL~ COUNTY October 28, 2004 Hal Dishler Kaufman, Peterson & Dishler 315 East Hyman Avenue Suite 305 Aspen, CO 81611 Dear Hal: Enclosed for your records is a copy of the recorded contract between Eagle County Government and Gabriel Foundation with all the pages accounted for. Please do not hesitate to contact me if you have any questions. Very truly your //' - ~, ~`f ~~ ~,~" a ter Matthews IV Deputy County Attorney WM:pn xc: Enclosures Eagle County Building, 500 Broadway, P.Q. Box 850, Eagle, Colorado 8163 I -0850