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HomeMy WebLinkAboutcoa.pi.West Meadow Subdivision-Carisch 1997 smEWALK, CURll AND GUTTER IMPROVEMENT AGREEMENT 8ETWEf:N Till CITY Or- ASPEN AND '~e L C_N~Gh Of-S;/lttl-olJ G C~/sch (hcreinafrer "Owner") WHEREAS Owner(s) is (are) the O\\'l1er(s) oft legal description of propenyl Lt) -t ~ Aspen, Colorado, and WHEREAS. Owner has rccenLY completed new construction and desires to obtain a certificate of occupancy; and WHEREAS. Owner's propeny is within a zone district Or other area as designated on the City of Aspen adopted sidewalk, curb .1Od 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 propeny at this time due to existing improvements or conditions. NOW. THEREFORE. the parties agree as follows: the frontage of Owner's property (approx Imately I. Owner agrees to construct cur':>, gutter and sidewalk, meeting City specifications. along 2.4-5 feet), together with associated street asphalt pavement work. at such time i'; 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) toot 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 Spcci!ications in effcct at the time of construction. 2. In thc alternative, at the City's option, the City may construct the abovc improvements and Owner shall reiml,'urse the City for all costs of such construction. Reimbursement shall be 111111I1111I11111111I11111111 11I111111111I11111 111/1111 405184 06/09/1997 10:32A AGREE"ENT 1 0' 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK IO'd ~6S:GO Oo-go-un~ l11ade to the City within ninety (90) day, after receipt of invoice. In the evcnt 01' failure to p~y. the cost shall be placed <IS a lien against the 'roperty to run with the land. 3. In the cvcnt that the Cit) determines that sidewalk shall bc constructcd on onc side of the street only. and if that side is O".'T1er's side of street, Owner agrees to pay to construct tbe sidewalk with reimbursement of half the cost at a later date if the property across the street Ii'om Owner is developed. If the City determines that the sidewalk shall be constructed across the street from the Owner, Owner shall participar.: in the cost of the sidewalk in the amount of half of the cost. 4. This agreement shall be I inding and shall insure to the benefit of the heirs. assigns, and successors in title of the parties here:0. E","~~. . j '19%/, By: . fi~ ffX/ r:!a-i.<.~c J) , ./ State of Colorado ) ) County of Pitkin ) The foregoing instrument was 19:)J, by me this JJJjday of rf/Z .It 0;('0 JJ G'. Ca-n 5 c h . Witl ess 1113n~OftiCial seal. My commission expires: Address: JOY S. Higens!Nolary Public My Commission expires 4/22/98 601 East Hopkins AspS". C9lor.<Io 8' R1' CITY OF ."SPEN, COLORADO, A Municipal Corporation ., Approved a, to rorm!(///c'?D't..~ ~/gl<j.6 I / I KM96.81 2 111111I1111111111111I11111111 111111111111I1111111111111 405184 08/09/1997 10:32A AGREE"ENT 2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CLERK 20'd ~6S:GO 00-90-un~