HomeMy WebLinkAboutcoa.lu.su.Hunter Square.1979
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Reception No,
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214592
~1ay 18, 1979
Loretta Bannerzecorder ....it'jfl.~ ....~........'.
Recorded at 11 :44 A.M, ~~"'rt '0~;'
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SUBDIVISION IMPROVEMENT AGREEMENT, 4+
HUNTER SQUARE CONDOMINIUM SUBDIV1SION ~~
THIS AGREEMENT, made and entered into this ~ay of
~, ,1979, by and between IRVING BIERS (the "Sub-
divide ' ), and THE CITY OF ASPEN, COLORADO, a municiPa~ ',:
corporation, (the "City"),
WIT N E SSE T H
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WHEREAS, the Subdivider holds record title to a parcel
of land situated in the City of Aspen, County of Pitkin,
State of Colorado, to-wit: Lots A, B, C and the West 20.00
of Lot D, Block 98 City of Aspen, Pitkin County, Colorado;
and
WHEREAS, the Subdivider has submitted to the City for
approval, execution and recording a subdivision plat of the
above-described property, such subdivision to be known and
designated as "Hunter Square Condominium Subdivision"; and,
WHEREAS, the City has fully considered such subdivision
plat, the proposed development and the improvement of the subject
property shOwn thereon, and is willing to approve, execute
and accept said plat for recordation upon the agreement of
Subdivider to the matters hereinafter described, which matters
are deemed necessary to protect, promote and enhance the public
welfare; and,
WHEREAS, the Subdivider and the City wish to reduce said
agreement to writing.
NOW, THEREFORE, in consideration of the premises, the
mutual covenants herein contained, and the approval, execution
and acceptance of said subdivision plat by the City for record-
ing, the parties hereto hereby agree as follows:
1. Subdivider covenants and agrees to and with the City
that the Subdivider will affirmatively consent to and join in
the formation of any special improvement district, encompassing
all or any part of the Hunter Square Condominium Subdivision,
that may hereafter be proposed or formed for the construction
of street improvements, drainage j.mprovements or buried electrical
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improvements. Subdivider hereby waives and further covenants
and agrees to waive any right to protest against the formation
of any such district.
2. In the event the City, at any time or from time to
time, shall construct or install any street improvements, which
improvements service or improve a general area including the
lands within the Hunter Square Condominium Subdivision, the
Subdivider agrees, upon demand, to payor reimburse the City for
that portion of the actual cost of such improvements which is
properly allocable to said subdivision.
3. The Subdivider agrees to eliminate the curb cut on the
Hunter Street frontage and replace same with standard curb,
gutter and sidewalk. Subdivider agrees to complete the work
within ninety (90) days of approval of the Final Plat by the
City Council. It is agreed that the Engineering Department
will not sign the Plat and the Subdivider therefore will be
unable to record the Plat until the work is completed or,
money is placed in escrow pursuant to the following paragraph:
In the event Subdivider is unable to complete
the work within ninety (90) days of Council
approval, the Subdivider shall escrow the
sum of Seven Hundred Dollars ($700.00) and
shall complete the work no later than
September 1, 1979. Upon escrow of the sum
of Seven Hundred Dollars ($700.00) the
Engineering Department shall sign the Plat
and the Subdivider shall be allowed to record
it.
4. The Subdivider specifically agrees that the three
residential units delegated as 2D, 3B and 3C, which for purposes
of ownership have been designated as one unit, shall be subject
to the following conditions:
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a. The eXisting tenants shall be granted a right
of first refusal should the owner decide to sell.
b. If that right of first refusal is not exercised
the tenants shall be granted a one hundred eighty (180)
day notice after the sale of the unit to vacate the
premises.
c. None of the dwelling units shall be leased for
a period of less than six (6) months except for two
short term rentals.
5. The covenants and agreements of the Subdivider herein
shall be deemed covenants that run with the land, shall burden
the land included within said subdivision, and shall bind and
be specifically enforceable against all sUbsequent owners
thereof, including the Subdivider, his heirs, personal repre-
sentatives, successors in interest and assigns.
6. Upon execution of this agreement by all parties hereto,
City agrees to approve and execute the final plat of the
Hunter Square Condominium Subdivision and accept the same for
recording in the real property records of Pitkin County,
Colorado, upon payment of recording fees and costs to City by
the Subdivider.
IN WITNESS WHEREOF, the parties hereto have executed this
Ag.peement as of the day and year first above written.
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CITY OF ASPEN
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