Loading...
HomeMy WebLinkAboutcoa.lu.su.Hunter Square.1979 ~ .!>o - . ~ Reception No, ~ 214592 ~1ay 18, 1979 Loretta Bannerzecorder ....it'jfl.~ ....~........'. Recorded at 11 :44 A.M, ~~"'rt '0~;' '[."'lUII. 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 ----------- 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 .' f"'. f"'. '. _368 f;'Gf900 ... 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: -2- )' .f"'. ,~. ~9C,fr~' C!fol 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. - ,1'- ", ,\\",,~ " "'~~ ~....."" '~'. l i~~T: "\"<:"': ~~(':'" -' . ~~ CITY OF ASPEN ::: . ~',~ ,.. )J~ """~. "-'". . , .... ",-,. .. ~ \,,<'C( filj,~ . . x??' ~ C7. Ih~~R~ ' -3-