HomeMy WebLinkAboutcoa.pi.323 N. 5th St.-Hirschfield 1997
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SIDEWALK, CURB AND G1JTTER IMPROVEMENT AGREEME:'>T
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BETWEEN
TilE CITY OF ASPEN AND~R. ~t!>CeT
.fI!i'5CII,F/cL.O___
(l1ereinalkr "Owner")
WHEREAS Owner(s) is (are) the owner(5) oflhe real property located at (street address and
legal description of property) 3Z3._IiLJi~:!iT ~f#.l'LY t>.()L~.c4)/CIS ~r)
Aspen. Colorado. and
WHEREAS. Owner 11iL~ recently completed neVi construction and desin;,s to obtain a
ccrlilicatc of occupancy: and
WHEREAS. Owner's property is witl1in a zone district or other area as designated on the
City of Aspen adol't,~d sidewalk. curb and gutter plan requiring construction of curb, gutter and
sidewalk prior to issu'1I1ce of a eeniticate of occupancy or, in lieu thereof, an agreement for future
construction pursuant to Section 21.16.050 of the !\1unieipal Code: and
WHEREAS. the City Engineer does not recommend the construction of curb. guttcr and
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si,kwalk on public right-ot:way adjacent to Owner's propet1y at this time due to existing
improvements or conditions,
NOW. THEREfORE, the parties agn~e as follows:
1, Chvncr agrces to construct curb. gutter and sidewalk. mceting City speci ficatiol1s. along
the frontage of Owner's I'roperty (approximately
5"0
feet). together with associated street
asphalt pavcment ""rk. at such time as the City of Aspen deems construction necessary and
feasibk, It is ackll<mledged by all parties that the present requirement is for two (2) foot gutter. six
(6) inch \'erlic,,} curb. ami fiw (5) fixlt wide concrete sidewalk with fi\e t(lot SI"'W storage betwecn
Sidewalk and Cllrb. or as otherwise speeitied in the City of Aspen Sidewalk, Curb and Gulter
Spccificltinns in effect at th~ time of construction.
2, In the alternatin~. at. the City's option, the City ma)' construct the above improvements
,,,HI Owner shall r."imhurse the City for all costs of such construction, Reimburscment shall he
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406189 07/10/1997 12:29P AGREE"EN DAVIS SILVI
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made to the City within ninety (90) days after receipt of invoice. In the event of Elilure to pay. the
cost shall be placeJ as a lien against the propct1y to nm with the land.
3. In the event that the City dettTmines that sidewalk shall be constructed on one side
of thc street onlv. and if that side is Owner's side of street, Owner agrees to pay tu construct the
sidewalk with reimbursement or half the cost at a later date if the propet1y across the street from
Owner is developed, If the City determines that the sidewalk shall be constructed across thc strect
It'om the Owner, Owner shall participate in lhe cost of the sidewalk in the amount of half of the
cos\.
4, This agreement shall be binding and shall insure to the benefit of the heirs. assigns.
and successors in title of the parties hereto,
By:
, 1 Y-.9.:L.
State of Colorado )
)
County ofl'itkin )
The r(lregOin~ instrument was acknowledged before me this __J_ day of _.... \ 1 l...'1
19.9]. by._D~. _.Rohert E.- H-J~5c'rlfJ..f..L iJ
Witness my hand and official seal.
My commission expires:
Oc....i 41 IH7
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Notary Public
Address:
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CITY OF ASPEN. COLORADO, A Municipal Corporation
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Approved as to rom!' //1/' I Lic.'til~~ b/.!"/'16
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406189 07/10/199D701200:2:P0A~:E~~~I~~~I~OLORADO
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