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HomeMy WebLinkAboutcoa.pi.926 930 W. Francis 1998 ~" r- SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND --.i:;rJ.R ~ \A ltAr I I (hereinafter "Owner") r- WHEREAS Owner(s) is (are) the owner(s) of the real property located at (street address and AAJO q;jb legal description of property) '124 A W. FIi'1nel6 <5T" l..~rs 1. i J!. .' f/NJJC,( 5/.1!;1)11/151411! !iXCt$I'r16.<j 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 , 21 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. As provided for in Section 21.16.060, 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 reimburse the City for all costs of such construction. Reimbursement shall be r-. 1111111111111111111111111111111111111111111111111111111 425497 12/15/1998 10,56A AGREEMEN DAVIS SIlVI 1 0' 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 ,..,~ ~'~ ~ 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 si~ f;}ll{I\o.unt of half of the . j ~r fl '" i _ \.1'4 ! i i\. t cost. lHA::J I " 4. This agreement shall be binding and shall iili~'m4:tJ/~\at,aJJGi!;, assigns, and successors in title of the parties hereto.! t a N3 08 Iff'jt] ~A ' t~t:.J'G, Entered i~~ this t~ day of ),0 (f Q J,u. h.cw' By: I(. bL-Q.Q ,M./ ' , 19.1:6.. State of Colorado ) r- ) County of Pitkin ) The foregoing instrument was acknowledged before me this ~ day of ct\.t ~ \~ ~ " 19~, by \'alp ~r ..,.<:.~50:. ~"4 -r, t.: I' . /t "'~ .....' ........, ('" '>,..... ;'!,.' ' '(" \ Witness my hand and official seal. My commission expires: , ' :')," '/, :'lii!,~ f, 0 \t:::. \, t~HM, ~np& ~-r~CO~OHfXPlRES~~~',;{~?)~} .." ~f"UIW ",' ~ .. _'<. . ' ., Y,.~ "':* .... "-J " , '. " ",,)1........ ~<i~ ,-" Notary Public ' .__.______.___..'.... .."....,' G"'" "..-' '..",.,..."",.., Address: l-?J)) :0 {~rJ.~ ~~ CITY OF ASPEN, COLORADO, A Municipal Corporation Approved as to form:.' /.ltt'!/7&.Zi:t::.. ..$ft/96 KM96,81 (""", 2 111111I1111I11111111I111111I1111111111111I1111111111111 42!497 12/1!/1998 10:!6A AGREEMEN DAVIS SIlVI 2 0' 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO '-~-~..._---_..".~_.._~-,,--._.._---- /~