HomeMy WebLinkAboutcoa.pi.1590 Homestake Dr.-Daly 2000
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SIDEWALl{. CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND IJ!offliS ~r: DALY
(hereinafter "Owner")
WHEREAS Owner(s) is (are) the owner(s) of the real property located at (street address and
legal description of property) /5CJO I-!OHGc;n::u(F. fII2/r/t=, (LPT 1 ~ {UbST IJS?m Sf/f)-/)! V7.s,~~
Aspen, Colorado, and . FII..ING Z./
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 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 property at this time due to existing
improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
I. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately 140 feet), together with associated street
asphalt pavement 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 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 to 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 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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447264 09/22/2000 09:3eA AGREE"EN DAVIS SILVI
1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
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3. In the event that the City determines that sidewalk shall be constructed on one side of the
street only, and if that side is Owner's side of street, Owner agrees to pay to construct the sidewalk
with reimbursement of half the cost at a later date if the property across the street from Owner is
developed. If the City determines that the sidewalk shall be constructed across the street from the
Owner, Owner shall participate in the cost of the sidewalk in the amount of half of the cost.
4. This agreement shall be binding and shall insure to the benefit of the heirs, assigns, and
successors in title of the parties hereto.
Enteredintothis t~ day of ~O.l1A bu:.t92DOO
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By:
State of Colorado )
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County of Pitkin )
The foregoing instrument was acknowledged before me this ~ day of
~by lhl)MCLS j)!91~ .
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Witness my hand and official seal.
~(l)}~fOD&~t~
Notary "Public
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My commission expires:
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Address:
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CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: ' 44 ~~
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2 f6: 09/22/2000 09:3eA AGREE"EN DAVIS SILVI
o R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO
99KM137
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