HomeMy WebLinkAboutcoa.pi.518 & 520 W. Francis, PDG, LLC 2001
SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND 1?~<2 ~~ c;a.ovf> I Ll~
.
(hereinafter "Owner")
WHEREAS Owner is the owner of the real property located at the following street
address 51 ~ t S)O ~\ f(lAN C2l:"S ,Aspen,
Colorado, with the following legal description C::I::ry M \1JWiN>:rrE <r-- ~ c:>Lk ;l.,l Lop
and the following Parcel Identification No. R 60 I tiLlS;- - 9. 01 ~; and 0 JW,)p
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 S21.16.050 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:
1. Owner agrees to construct curb, gutter and sidewalk, meeting City specifications, along
the frontage of Owner's property (approximately 60 feet), together with
associated 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.
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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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.
Entered into t.h ;'___~ A<-\",,,
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By: C!;::?~ 'WV"",^^--
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,20 6\
State of Colorado )
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County of Pitkin )
The foregoing instrument was acknowledged before me this \.0
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20~ ,by '0:\o.<:rC!t \( e<,h.~
day of
Notary Public
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Address:
CITY OF ASPEN, COLORADO, A Municipal Corporation
Approved as to form: 4~b~ ~zI,l
99KM137
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