HomeMy WebLinkAboutcoa.pi.210 Eastwood Dr.-Mathys1998
Aug.22'98 5:02
P.BRADFORD 970 4452
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SIDEWALK, CURB AND GUTtER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND
~ Hff-17+r S
(hereinafter "Owner")
wHEREAS Owner(s) is (8lC)-:! owner(s) of the real pwpctty located at (street address and
legal description of property) \. 0 ~ N C-Z:)t,b t:r<.... ,
Aspen, Colorado, and
wHEREAS, Owner has reecntly completed new collStrUttion 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 co~ of curb, gutter and
sidewalk prior to issuance of a certificate of occupancy or, in lieu then:of, an agreement for future
construction pursuant to Section 21.16.050 of the Municipal Code; and
wHEREAS, the City Engineer does not ~ommend the constrl1Ction of curb, gutter and
sidewalk on public right-of-way adjacent to Owner's property at this time due to existing
inlproVerJ1erJts or conditions.
NOW, THEREFORE, the patties agree as follows:
1. Owner agrees to constrUCt curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately 7a feet), together with associated street
asphalt pavement work, at such tin1e 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 curb, or as otherwise specified in the City of Aspen Sidewalk. Curb and Gutter
Specifications in effect at the time of construction. As provided for in Section 21.16.060, Owner
agrees 10 pave driveway from curb to property line.
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 sha1l be
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439362 01/07/2000 01:49P AGREE~N DAVIS SILVI
1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
Aug.22 '98 5:02
P.BRADFORD 970 4452
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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 nUl with the land.
3. In the event that the City detemlines that sidewalk sha1l be constructed on one side
of the Street only, and if that side is Owner's side of street, Owner ~es to pay to construct the
sidewalk with reimbursement of half the cost lit a illter date if the property across the street from
Owner is developed. If the City determines that the sidewalk shaH be constructed across the street
from the Owner. Owner shall participate in the cost of the sidewalk in the amolDlt of half of the
cost.
4. This agreement shall be binding and sha11 insure to the benefit of the hein, assigns,
and successors in title of the parties hereto.
By:
,192C
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)
County of Pitkin ) .0- '
The foregoing instrument was acknowledlled before me this 2S: day of "~
19~, by {\I\<'3-AC ~ Mdlu_~ :fP';;~;"
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State of Colorado
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Notary Public
(['rrJ C- ,~y__~J;w. Skeel
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CITY OF ASPEN. COLORADO, A Municipal Corporation
Approvedastofonn: . 74"/n...."...."'7h.. Q~&
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Address:
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KM96.81
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439362 01/07/2000 01:49P AGREE"EN DAVIS SILVI
2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO