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Home My WebLink Aboutcoa.en.Ute Ave.Alps.1965 1972 CITY OF - x y PEN aspen ,colorado, 1 , 4 box v November 13, 1972 Lorraine Graves City Clerk P. 0. Box V Aspen, Co. 81611 Dear Lorraine: I am enclosing herewith copy of Agreement between the City and the Aspen Alps Condominium Association. I have no record or correspondence indicating we received the original; however, they are sure it has been forward- ed to the City. Perhaps Mary Wenzel has some recollection of receiving the Agreement. Yours very truly, i Secretary to Mr. Kern pak Enc. ,,/ C�7/ A4( -( Aspen Alps Condominium Association Attention: H. A. Bornefeld, Jr., President Houston Club Building Houston 2, Texas Dear Mr. Bornefeld: Paving of Ute Avenue between Spring and Original Streets Your architect and agent, Mr. Fredric A. Benedict, has made a proposal to the City of Aspen's City Council relating to the paving, by your Association, of the captioned street. The pur- pose of this letter is to state to you the terms upon which this may be accomplished. When accepted by you, this shall constitute the agreement between The City of Aspen and the Aspen Alps Condominium Association, a non - profit Colorado corporation. Our terms are as follows: 1. You agree to pave Ute Avenue between Spring and Original Streets to a minimum width of twenty -six (26) feet. 2. Such paving shall be accomplished in a good and workmanlike manner and finished with a two (2) inch thick hot asphalt paving mix. 3. All such paving shall be accomplished at your sole cost and expense. Further, you shall indemnify and hold the City of Aspen harmless from any and all liability which it might incur by reason of your ac- tivities in accomplishing such paving project. 4. The boundaries of Ute Avenue which are the sub- ject of this agreement are as shown on this plat filed in the City Clerk's office in connection with your proposal. 5. Upon thirty (30) days' written notice, you are to remove, or cause to be removed, the paving surface then existent so that a more permanent and durable surface may be installed pursuant to a City street improvement program. Such removal will be accom- plished by you at no expense or liability to the City. Aspen Alps Condominium Association Atten: H. A. Bornefeld, Jr. Page 2 - 6. You may landscape the areas abutting the paved portion of Ute Street provided that any such land- scaping shall be at your sole cost and expense and shall be installed and maintained in a manner which shall not be hazardous to vehicular traffic. 7. By your acceptance of such terms and execution of this agreement, you are certifying that the signa- tory officer of your association has full authority to execute the same and that the terms and conditions of this agreement shall be binding upon the heirs, personal representatives, successors and assigns of this association and its members. Upon acceptance by you, please return the original and one copy to me. Very truly yours, CITY OF AS PEN,, COLORADO BY /L - ' Its Mayor R EAD, APPROVED AND ACCEPTED this 00 44 day of June, 1964 ASPEN ALPS CONDOMINIUM ASSOCIATION By f President A G R E E M E N T THIS AGREEMENT, made and entered into this j/ day of , 1972, by and between the CITY OF ASPEN, a ColoradVMunicipal corporation, (hereinafter sometimes referred to as "City "), and the ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado corporation, (hereinafter sometimes referred to as "Association "); WHEREAS, the Association has requested the City to close a portion of Ute Avenue to vehicular traffic in order that the Association may construct a pedestrian mall within the closed portion of Ute Avenue as hereinafter described. AND WHEREAS, the City of Aspen reviewed the plans for the malled area and finds that the closing of that portion of Ute Avenue hereinafter described and the construction of a mailed area within said street for the benefit of the public. WITNESSETH: NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. The Association hereby agrees to construct, land- scape and maintain the malled area in accordance with the plans attached hereto, which malled area shall be open to the public and shall provide for access by emergency vehicles as well as a pedestrian path, all at the expense of the Association. 2. The City agrees that it shall close that portion of Ute Avenue to vehicular traffic as described on attached Exhibit "B ", providing that at all times said closed street shall be available to the public. 3. It is further understood and agreed that in the event that Lot No. 21 is conveyed to the City by the Association, the City shall pay and be responsible for the construction of the cul -de -sac west of the closed portion of Ute Avenue; provided however, that the Association shall be responsible for the main- tenance of the landscaped area within the cul -de -sac. 4. It is further understood and agreed that the Association shall save the City harmless from any and all claims for personal injury and property damage occurring within the malled area. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written CITY OF ASPEN, a Colorado ATTEST: Municipal Corporation if j By: City C erk Mayor: ASPEN ALPS CONDOMINIUM ASSOCIATION, a Colorado ATTEST: Corporation C / � , Secretary / / President EXHIBIT '$" DESCRIPTION OF UTE AVENUE CLOSED FOR PEDESTRIAN MALL Beginning at the Southeasterly corner of Lot 34, Ute Subdivision, City of Aspen, County of Pitkin, State of Colorado; thence Southwesterly along a line being the projection of the Westerly right of way line of Original Street a distance of 21.00 feet; thence Northwesterly along a line parallel to the Northerly right of way line of Ute Avenue a distance of 52.50 feet; thence Southwesterly a distance of 40.00 feet more or less to a point on the Southerly right of way line of Ute Avenue; thence Northwesterly 129.00 feet along said Southerly right of way to a point; thence Northeasterly a distance of 70.50 feet more or less to a point on the Northerly right of way line of Ute Avenue; thence Easterly along said Northerly right of way line a distance of 223.00 feet or less to the point of beginning. er ADDENDUM TO AGREEMENT WHEREAS, certain problems have arisen in regard to parking and related matters on Ute Avenue fronting the Aspen Alps building between Spring and Original streets in the City of Aspen, Colorado, and WHEREAS, this matter has been discussed at several meetings between members of the City Council of Aspen, Colorado, various citizens and representatives of the Aspen Alps Club, NOW, THEREFORE, IT IS AGREED between the undersigned parties as an addendum to their original agreement, dated June 30, 1964, that the Aspen Alps Condominium Association will assume immediate responsibility for widening the present twenty -one (21) foot roadway in the above described area to a width of thirty -five (35) feet, and that such widening shall be accomplished by adding a seven (7) foot gravel strip on the north and south sides of Ute Avenue, said strip to provide parking on either side of this portion of Ute Avenue. IT IS FURTHER UNDERSTOOD AND AGREED between the undersigned parties that the Aspen Alps Condominium Association shall indemnify and hold the City of Aspen harmless from any and all liability which might incur by reason of their activities in accomplishing the above described project and that the terms and conditions of the original paving agreement, unchanged by this addendum, shall remain in full force and effect. CITY OF ASPEN, COLORADO ;j 2 By Ail L . • /i Z --- Mayor i AT ES� - City Clerk i / ASPEN ALPS CONDOMINIUM ASSOCIATION i By r - President AT - % Amlit --e d Se (: t 7- 7 ! (,^ � `Z / a r --e .- /f , / 7 November 29, 1965 Aspen Alps Condominium Association Attention: Mr. H. A. Bornefeld, Jr., President Houston Club Building Houston 2, Texas Re Addendum to Agreement Paving of Ute Ave. Dear Mr. Bornefeld: Enclosed please find three copies of the addendum to the above agreement, which has been approved by the Aspen City Council. Will you please sign the three enclosures, have them attested and returned to this office for signing and sealing by the Clerk. A fully executed copy will then be returned to you. Sincerely yours dh;encl. City Clerk 7/4 August 20, 1965 August 20, 1965 Mr. Gene Marshall, President Aspen Alps Incorporated P. 0. Box 1228 Aspen, Colorado 81611 Dear Mr. Marshall: A recent survey by City of Aspen personnel revealed that the Aspen Alps has a rock wall which extends into the right - of -way of the City of Aspen some four inches. This matter was discussed at the Council Meeting of August 16, and I was directed to request the Aspen Alps Club to correct this situation. We will be happy to show you a copy of the survey. Sincerely, iC /John E. Kerrigan City Administrator JEK :mc cc: Mrs. Dorothy Hoffmann Cites Clerk h ( � 1 \//7