HomeMy WebLinkAboutcoa.pi.113 Neale Ave.lighting 1999
AGREEMENT REGARDING LANDSCAPING LIGHT
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THIS AGREEMENT is made and entered into this 30 day of April, 1999, by and
between WEISMAN FAMILY LIMITED PARTNERSHIP, a Minnesota Limited Partnership
("Weisman") and THE CITY OF ASPEN DEPARTMENT OF COMMUNITY DEVELOPMENT
(the "City").
RECITALS
A. Weisman has applied for a Condominiumization of a duplex residence listed at 113 Neale
Avenue, Aspen, Colorado.
B. There exists a Landscaping Light located in the City of Aspen Easement which was not
considered nor a part of the prior Stream Margin Exemption, and is not approved by the
City.
C. Weisman and the City have made an agreement regarding the existence of such
Landscaping Light.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
1. Weisman and the City agree that the Landscaping Light may remain in place in the City
of Aspen Easement (as recorded in Book 296 at Page 307 of the records of Pitkin County,
Colorado), and as shown on the Condominium Map for the Herron Park Place
Condominium, until such time as the City, in its sole discretion, determines that it should
be removed. Nothing herein shall be interpreted as approval by the City of such
Landscaping Light.
2. Weisman agrees that it shall, upon thirty (30) days written notice by the City, remove the
Landscaping Light and restore the area around the light to its prior condition. The
foregoing notwithstanding, it is agreed that any such removal shall be done in the warm
weather months (April - September). In the event Weisman does not remove the
Landscaping Light as required hereunder, the City shall have the right to do so at
Weisman's expense, including any and all costs and reasonable attorneys' fees incurred
therein.
111111I1111I1111I111111111111111111I1111111111111111111
4311e0 0e/17/1999 11,eaR RGREEnEN DRVIS SILVI
1 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
WEISMAN FAMILY LIMITED PARTNERSHIP, a
Minnesota Limited Partnership
By.
John T. Kelly, its Attorney
THE CITY OF ASPEN DEPARTMENT OF COMMUNITY
DEVELOPMENT
STATE OF COLORADO
}ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me on the :3EJ#1 day of April,
1999, by John T. Kelly, as attorney for the WEISMAN F AMIL Y LIMITED PARTNERSHIP, a Minnesota
Limited Partnership.
WITNESS MY HAND AND pFFICIAL SEAL.
My commission expires: U/.L.v; 2~, /111
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MY COMMISSlONEXPIRES,
JULY 26. 1999
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Page 2
111111I1111I1111I1111111111 11111111I11/11I1111111111111
4311e0 0e/17/1999 11,eaA AGREEnEN DAVIS SILVI
2 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO
STATE OF COLORADO }
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me on the !.:2- day of r;it,
1999, by Julie Ann Woods, as Director of THE CITY OF ASPEN DEPARTMENT OF COMMUNITY
DEVELOPMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: 1- / - ],/)O{)
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3 of ~ :e~~7~:9~9011:eaA AGREEnEN DAVIS SILVI
. .00 N 0.00 PITKIN COUNTY CO
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