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HomeMy WebLinkAboutcoa.pi.Lot1,Blk2-W.MeadowSubd.sidewalk,curb&gutter.1997 '", SmEWALK, CURB AND GUTTER IJVIPROVEMENT AGREEMENT BETWEEN TilE CITY OF ASPEN AND ~ife L Cu-I'<:CJ, OJ-,C;/'aro/J G C~/sch (hereinafter "Owner") WHEREAS Owner(s) is (are) the owner(s) oft e real legal description of property) t.o"'f 1-. Aspcn, Colof'ado, and WHEREAS. Owner has rccenr,y completed new construction and desires to obtain a cet'li licate of occupancy; and WHEREAS, Owner's property is within a zone district Or other area as designated on the City of Aspen adopted sidewalk, curbmd gutter plan requiring construction of curb, gutter and sidewalk prior to issuance of a certificatl: of occupancy or, in lieu thereof, an agrecment tor 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 sidevvaJk 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: I. Owner agrees to construct curl:>, gutter and sidewalk, meeting City specifications. along the frontage of Owner's property (approximately 2..4-5 feet). together with associated street asphalt pavement work. at such time ,!.; the City of Aspen deems construction necessary and feasible. It is acknow'ledged by all parties that the present requirement is for two (2) foot gutter, six (6) inch vertical curb, and five (5) foot wide concrete sidewalk with five foot snow storage between sid~walk and curb, or as otherwise specitled in the City of Aspen Sidewalk, Curb and Gutter Specifications in effect at the time of construction. 2. In thc alternative, at the City's option, the City may construct the abovc improvements and Owner shall reimh'urse the City for all costs of such construction. Reimbursement shall be 111111I1111111111111I11111111111111111111I1111111111111 40S184 08/09/1997 10:32A AGREEMENT 1 0' 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK , -,----..--..---.-...-...---....-...---..,-...--..-----'---'---'--'-...,-'--- rO'd ~6S:Z0 00-90-un~ made to the City within ninety (90) day,. after receipt of invoice. In the event or failure to p"y, the cost shall be placed as a lien against the'roperty to run with the land. 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 O\'mer's side of street, Owner agrees to pay to construct the sidewalk with reimbursement of half the cost at a later date if the property across the srreel /i'om Owner is developed. ]1' the City determines that the sidewalk shall be constructed across the street frol11 the Owner, Owner shal] participat': in the cost of the sidewalk in the amount of half of the cost. 4. This agreement shall be I inding and shaH insure to the bcnefit of the heirs. assigns, and successors in title of the parties here:,). E",,,~~t .1927. By: .. 'AAMA7/J ~cA ./ Stale of Colorado ) ) County of Pitkin ) The foregoing instrument was 193.], by me this ,jJ}jday of fl1;t h :!tarO JJ G'. CfNf) 5 C . Will ess m~nqrmeial seal. My commission expires: Address: Jey S. Higens!Netary PubliC My Commission expires 4/22/98 601 East Hopkins !'speR, Colorado ~1"11 CITY OF ASPEN, COLORADO, A Municipal Corporation -, Approved as to form: .1(//}c:?U.1..:~ ~/8/9,61 / I KM96.8! 2 1111111111111111111111111111111111111111111111111111111 40!184 06/09/1997 10:32A AGREE"ENT 2 0' 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK "-~. - ---- ......----.,.--.--...-- .._---"',.._~/ 20'd ~6g:20 00-90-un~