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HomeMy WebLinkAboutcoa.pi.233 N. Spring St.-Moore 1996 \~ ' 394854 07/18/96 10:27A PG 1 OF 2 SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER REC 11.00 DOC UCC SlDEW ALK, CURB AND GUTTER IMPROVEMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND G-A-rl Y II- DE Bt'lA tttJ (J f2 (~ WHEREAS, O"t}n </"1'- ()r:=Ank 'tYtJdl2iE- are owners of the real property I located at (street address and legal description of property) 233 North Spring Street. Aspen: ],ot ~ 1.? & SOllth 1/7 of 1. Rl ock 1. Oklahom~ A~l!/i~cM&!tBb~th!iseirMf~'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 curb, gutter and sidewalk on public right-of-way adjacent to owner's property at this time due to existing improvements or cop.ditions. 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 1 ? 'i T.F feet), together with any associated asphalt 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 cmb, or as otherwise specified in the City of Aspen Sidewalk, Cmb 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 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 [lay, the cost shall be placed as a lien against the property to run with the land. -394854 07/18/96 10:27A PG 2 OF 2 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. En~i' L~;;::!:! By ,z;:v~ 1A4rf- ) ) County of Pitkin ) The foregoing instrument was acknowledged before me this ~ day of ,19~. State of Colorado 19 g", by C':5aYy c... IVlthre., ard Debl"l:L l\.U:o-te.... ~~.... W"'~~ and official seal. l~ odwJ l--t:'~ ~ ; i\,o <Jl.:t \~... UBL'....~~i' Notary Public ~'IOFCO'-o.'t't.,~ '1IIIII1Um\\\\\ (..~ t:= Address: t..-' A./ 1.-' n ilpt f\ My commission expires: II( CllIIISSIQl aI'Ifll 1WOI3Il,19IlI kbpKinc; ('D ~//.tll/ CITY OF ASPEN, COLORADO, A Municipal Corporation Approved as to form: ~Q /1.t>>jp KM96.81 2