HomeMy WebLinkAboutcoa.pi.323N.5th.sidewalk,curb&gutter.1997
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SIDEWALK, CURB AND GUlTER IMPROVEMENT AGIUmME:'<T
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BETWEEN
'1'1 IE CITY OF ASPEN AND --12.R. ~I2E:e:l Jf!Jf..5CIII7EL.O ______..
(hercinaHer "Owncr")
WHEREAS Owncr(s) is (are) the owner(s) of the real property located at (street addre,ss and
legal description of property) 323 .~Z!f ST ( /bR./Iftfl!L.Y G,QL 4), F'fJ1)./(.'/s 5r)
Aspen. Co I ora do. and
WHEREAS, Owner ha~ reccntly completed new construction and desires to obtain a
certificate of occupancy: and
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WHEREAS. Owncr's property is within a zone district or other arca as designated on the
City of Aspen adopl,.':d sidcwalk. curb and gutter plan requiring construction of curb, gutter and
sidewalk prior to issuance of a cenificate of occupancy or, in lieu thereof, all agreement for future
construction pursuant to Scction 21.16.050 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of curb. gutter and
sidewalk on public rig.ht-of-way adjacent to Owner's proper1y at this time due to existing
improvcments or conditions.
NOW, THEREfORE, the parties agree as follows:
!. Owner agrees to construct curb. gutter and sidewalk. meeting City sped fieations. along
the lrontage or Owner's Icroperty (approximat.ely
fJD fect), lOgether with associated street
asphalt pavcment 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 gut1er. six
(6) inch ,'"rtical curb. and five (5) t;)ot wide concrete sidewalk with five foot snow storage betwcen
sidewalk and curb. or as otherwise specified in the City of Aspen Sidewalk, Curb and Gutter
Sr~cilications in eflect 3t the time ofconstmction.
2. In thc altcrnative. at. the City's option, the City may COllstruet the above improvemcnts
.md Owner ,hall ,'eimbur,e the City for all costs of sllch construction, Reimburscment shall h~
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406189 07/10/1997 12:29P AGREE"EN DAVIS SILVI
1 0' 2 R 11.00 D 0.00 N 0.00 PITKINCO COLORADO
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made to the City within ninety (90) days after receipt of invoice. In the event of failure to pay. the
cost shall be placed as a lien against the property to mn 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 tbat 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 jf the property across the street li'om
Owner is developed. If the City detennines that the sidewalk shall be constructed across the street
1\'om the Owner. Owner shall participate in the cost of the sidewalk in the amount of half of the
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4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns.
and successors in tiUe of the parties hereto.
By: _____.
_, 19s..::L.
State ofColorad() )
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Countv of Pitkin )
The foregOin~ instrument was acknowledged before me this .J_ day of ,,). 1 Vi
\9~. by. l)1'<,. _JlrJqerC ~. ffli~5C'riE1E..LI)
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My commission expires:
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\Vitness my hand and official seal.
Notary Public
Address:
_.Jon (,0, MA-{rJ
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CITY OF ASPEN. COLORADO, A Municipal Corporation
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Approwd as to form:' //II;ILJdU-t..~ $jt'I'i'6
I~M96 81
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406189 07/10/199D701200:2~P0A~:E~~~~I~~~ICOLORADO
2 0' 2 R 11.00. .