HomeMy WebLinkAboutcoa.pi.601 W. Fancis-Hirschfield 1996
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SIDEWALK IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND D1L, IGoB8Li b}\l:Lsr(_\t:I~L,t:..
WHEREAS, D\?, \Go I5E./l.;1 H 11(>.s:r i-l FI &<.1) are owners of the real property
located at (street address and legal description of property) h n l l JJ. ~ !V('AJ
, Aspen, Colorado, (hereinafter "Owners"); 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 19-100 of the Municipal Code; and
WHEREAS, the City Engineer does not recommend the construction of 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 sidewalk, meeting City specifications, along the frontage of
owner's property (approximately ---1 b 0 feet), 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 a 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. h'i. the altemr.tivc, at the City'3 option, the City may c,:mstnlCt the abov-e irnpfOVerl1enb
and owner shall reimburse the City for all costs of such construction. Reimbursement shall be
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 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
396245 08/21/96 11:55A PG 1 OF 2
SILVIR DRVIS PITKIN COUNTY CLERK & RECORDER
REC
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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.
Entered into this
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State of Colorado ) .
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County of Pitkin )
The foregoing ~strumert was acknowledged before me this \ <Q
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day of ~'U l- '1
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My commission expires:
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Witness my hand and official seal.
Notary Public
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Address:
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CITY OF ASPEN, COLORADO, A Municipal Corporation
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Approved as to form:
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KM94.152
396245
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