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HomeMy WebLinkAboutcoa.pi.886 Roaring Fork Rd.-Lauder 2001 SIDEWALK, CURB AND GUTTER IMPROVEMENT AGREEMENT Cj ~~ BETWEEN THE CITY OF ASPEN AND ~tJ~fV ~Jt (hereinafter "Owner") WHEREAS Owner is the owner of the real property located at the following street address 'b8"<" R.oA~"'l ~ ~ ,Aspen, Colorado, with the following legal description JI. 8 S~~ t\I ~ s., . Jt.~ f\IJ and the following Parcel Identification No. :J!7:36" -l~l- o'f -00 'f ; and WHEREA(3, 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 ~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 Own!3r'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 /~(J 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 C) failure to pay, the cost shall be placed as a lien against the property to run with the land. 1 1111111111111111I11111111111111111111111111111111111111 455770 06/25/2001 11:31A AGREEMEN DAVIS SILVI 1 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 this :< ~ day of By: ,20G{ (2',,';'," ;,,',. "';".P ) ) County of Pitkin ) The foregoing instrument was acknowledged before me this IUMJ 20 ~,by ~c/ Ii. L;u;c/e./ ?sJi' day of My commission expires: f:,/B!J.-D./ if Witness my hand and official seal. -J.tui:iJO.?f.i...L.v.- Address: Notary Public ""t.iW 9/;9(;, A5~/ CO $/6/:2 -1/ '36 CITY OF ASPEN, COLORADO, A Municipal Corporation Approved as to form: ~;:I~~~IIIIIIIIIIIIIII~;;; 111II111 455770 06/25/2001 11:31A AGREEMEN DAVIS SILVI 2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 r:~ ~