HomeMy WebLinkAboutFile Documents.234 W Francis St.0118-2020-BRES (67) SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
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BETWEEN THE CITY OF ASPEN AND CLAD ---"A44( r.) OZ_A-h
(hereinafter"Owner°). •
WHEREAS Owner(s) is (are) the owner(s) of the real property located at (street address and
legal description of property) 234 W Francis St , Aspen, Colorado. and
WHEREAS, Owner has recently completed new construction and desires to obtain a certificate of
occupancy; and
WHEREAS, Owner's property is within a zone district or other area as designated on the City of
Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and sidewalk prior to
issuance of a certificate of occupancy or in lieu thereof, an agreement for future construction pursuant to
Section 21.16.050 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of curb. gutter and sidewalk
on public right-of-way adjacent to Owner's property at this time due to existing improvements or
conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb, gutter and sidewalk meeting City specifications, along the
frontage of owner's property (approximately 95 feet), together with any associated asphalt work, at
such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot
411
wide concrete sidewalk with five foot snow storage between sidewalk and curb, or as otherwise specified
in the City of Aspen Sidewalk, Curb and Gutter Specifications in effect at the time of construction. As
prov
ided for in Section 21.16., Owner agrees to pave driveway from curb to property line.
2. In the alternative, at the City's option, the City may construct the above improvements and
owner shall re
imburse the City for all costs of such construction. Reimbursement shall be made to the
the cost shall be placed
City within ninety (90) days after receipt of invoice. In the event of failure to pay,
as a lien against the property to run with the land. RECEW
10/08/2021
ASPEN'
BUILDING DEPARTMEN
•
3. In the event that the City determines that sidewalk shall be Constructed on one side of the
street only, and if that side is the Owner's side of the street, Owner agrees to construct the sidewalk with
reimbursement of half the cost at a later date if the property across the street from the Owner is
developed. If the City determines that the sidewalk shall be constructed across the street from the
Owner, Owner shall participate in the cost of the sidewalk in the amount of half the cost.
4. This agreement shall insure to the benefit of the heirs, assigns, and successors in title of the
parties hereto.
Entered into this t' day of -Zd2...t
By: 23L-i s F-- �.�-4S LLC
State of Colorado ) , fiilZ
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County of Pitkin )
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The foregoing instrument was acknowledged before me this 1 r day of C '( �`', ( Z
by e —<-- S(�%- I it
Witness my hand and official seal. My commission expires: Z`T �' ` �!
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Notary Public PAUL JANEY/ �// NOTARY PUBLIC
Address: // iN/14- "7 �� STATE OF COLORADO
I / ( NOTARY ID 20074013586
�U-/y, a Z A�G e D R/L MY COMMISSION EXPIRES FEBRUARY 24.2024
i
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form:
KM96.43 •
I
RECEIVEt
..,
10/08/2021
ASPEN
BUILDING DEPARTMENT