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SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND
.t7)fIL/,i'J .:J: /JE t.b('~6
(hereinafter "Owner")
WHEREAS Owner(s) is (are) the owner(s) of the real property located at (street address and
legal description of property) n?h7 MrqHmm;ng R,,~<1' TM lfi, Rlo~k ]. A"pen Grove,
Subdivision
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:
I. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately 149
feet), together with associated street
asphalt pavement 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 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.
2. In the alternative, at the City's option, the City may construct the above improvements
apd Owner shall reimburse the City for all costs of such construction. Reimbursement shall be
397825
SILVIA DAVIS
10/08/1996 10:03A PG 1 OF 2
PITKIN COUNTY CLERK & RECORDER
REC
11.00
DOC
NOT
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made to the City within ninety (90) days after receipt of invoice. In the event offailure to pay, the
cost shall be placed as a lien against the property 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 Owner'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 street from
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 of the
cost.
4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns,
and successors in title of the parties hereto.
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: " l!(I/;L'"~ ~/8lI6
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KM96,81
2
397825
10/08/199& 10:03A PG 2
OF 2