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ENCROACHMENT LICENSE AGREEMENT , Ica OD
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THIS AGREEMENT made and entered into this 0 46- rAay of
�L 7yl/,�fi , 1982, by and between the City
of Aspen, Colorado, a municipal corporation and home -rule city,
(hereinafter referred to as "Aspen ") and Aspen Grove Associates, a
Colorado Partnership (hereinafter referred to as "Licensees ").
WHEREAS, Licensees represent that they are the record title
owners of the following- described property (commonly known as the
Aspen Grove Building) located in the City of Aspen, Pitkin County,
Colorado:
The east 22.5 feet of Lot C and all of Lots D, E, F,
and the west 25 feet of Lot G,
Block 96
Original Aspen Townsite
Aspen, Pitkin County, Colorado
also known as 517 -527 East Cooper Avenue.
WHEREAS, said property abuts the following- described public
right -of -way:
"East Cooper Avenue"
WHEREAS, Licensees desire to encroach upon said right -of -way,
5 feet, 1 3/4 inches, said encroachment being more particularly
described as follows and adjacent to the property described above:
See Exhibit "A" attached hereto and incorporated herein by
this reference.
WHEREAS, Licensees desire to encroach upon said right -of -way
for the purpose of installing and maintaining two canopies over
the exterior stairways of the Aspen Grove Building, as shown on
Exhibit "A ".
WHEREAS, Aspen agrees to the grant of a private non - exclusive
license of encroachment pursuant to Section 19 -5 of the Aspen
Municipal Code, as amended, and subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensees covenant and agree as fol-
lows:
tO 443 fin 964.
1. A private revocable non - exclusive encroachment license
is hereby granted to Licensees to occupy, maintain and utilize the
above- described portion of public right -of -way for the sole pur-
pose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole and
absolute discretion of the City Council of the City of Aspen, as
further provided below.
3. This license is made subordinate to the right of Aspen
to use said area for any public purpose or to grant further non-
exclusive non - interferring licenses therein.
4. Licensees are responsible for the maintenance and repair
of said encroachment, together with improvements constructed
therein, according to normal business maintenance standards or
those that Aspen, in the exercise of its discretion, shall deter-
mine to be necessary to keep the same in a safe and clean condi-
tion.
5. Licensees shall at all times during the term hereof,
carry sufficient public liability insurance on the licensed pro-
perty against personal injury and property damage naming Aspen as
a co- insured and protecting Aspen against any and all claims as a
result of or arising out of the use and maintenance by Licensee of
said property.
6. Licensees shall and hereby do agree to indemnify and
hold Aspen whole and harmless against any and all claims for all
damages, costs and expenses, including attorneys' fees, to persons
or property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensees, or from
any act or omission of any representative, agent, customer and /or
employee of Licensees.
7. This license may be terminated by Licensees at any time
and for any reason on thirty (30) days' written notice of its
intent to terminate. This license may be terminated by Aspen at
any time and for any reason by resolution of the City Council of
2
443 4%5960
the City of Aspen. Upon termination, Licensees shall promptly, at
their expense, remove any improvements or encroachments from said
property and restore it to a condition satisfactory to Aspen.
8. This license is subject to all state law, the provisions
of the Charter of the City of Aspen as it now exists, or as may
hereafter be adopted or amended, and the ordinances of the City of
Aspen now in effect or those which may hereafter be passed and
adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting to anyone such additional licenses or property
interests in or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, its successors and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
E CITY 1 ASPEN, COLORADO
A. n /
By A / ITT
• \ ",{ CF ( 'Susan E. Michael, Mayor Pro Tem
/ATTEST:
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Ka hry1StPoch, City Clerk
LICENSEE:
ASP N GROVE ' SO 1ATES
By l�l �� 1 if
STATE OF COLORADO )
ss.
County of Pitkin
The foregoing Encroachment License Agreement was acknowledged
before me this day of £9 ('P,,.,,.Q),Q ) , 1982,
by Aspen Grove Associates, by
its qkNI A(1Q 4) C1J 114Jz.2
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WE
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: 7 9-l0 ?CO
°J UM-Lk a C- • 4 )
i% Notary Public V
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Address
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EXHIBIT "A" (Three pages)
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