HomeMy WebLinkAboutcoa.pi.821, 825, 831, 835 E. Cooper Ave. 1996
391377 04/03/96 01:00P PG 1 OF 2
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
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DOC
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CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN
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THE CITY OF ASPEN AND Butch & Sundance Investl1ents, Inc., a Colorado corooration
developers .
WHEREAS, Rllt"h !I. SIJnd"n"p Tnvp<:tmpnt<:. Tn" arep~%oftherealproperty
located at (street address and legal description of property) 821. 825. 831 and 835 E. Cooper and 411
at Aspen
'3 '.Iestpnrl '3t . 11nit. 1-5. The Ench"1l ,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 curb and gutter 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 and gutter meeting City specifications, along the frontage
of owner's property (approximately
180
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 ior concrete, IWO (2) foot guner and six (6) inch verti~al
curb as provided for in City Sidewalk, Curb & Gutter Specifications.
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 pay, the
cost shall be placed as a lien against the property to run with the land.
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391377
04/03/96 01:00P PG 2
OF 2
3. 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 zatiJ day of :~a rc h
, 19--9fi....
By: ~&rM~
Lewis G. Holtsclaw, Secretary
State of Colorado )
)
County of~~hoe )
The foregoing instruntent was acknowledged before me this 28 th day of Ma rc h
19~, by Lewis G. Holtsclaw
Witness my hand and official seal.
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My commission expires:
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Notary Public
Address:
7q~n F Prpntirp Aup . '?Tn
Englewood, CO 80111
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: ~/,n1Y~ Z;//.3/'1?
KM96.43
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