HomeMy WebLinkAboutcoa.en.Aspen Skiing Co.1991 ENCROACHMENT AGREEMENT
(a't Th agreement made and entered into this /0 day of «�u
�� , 195/ , by and between the CITY OF ASPEN, Pitkin County, < U
o1C orado, hereinafter referred to as "Aspen" and v u
THE ASPEN SKIING COMPANY U
hereinafter referred to as "Licensee." v
< N
WHEREAS, Licensee is the owner of the following described N
property located in the City of Aspen, Pitkin County, Colorado:
Y • F+
rt
City of Aspen, Pitkin County, Colorado a
o
n o
WHEREAS, said property abuts the following described public
right -of- way(s):
n
Hopkins Avenue N
1 G
r.
0
O
WHEREAS, Licensee desires to encroach upon said right -of o m
way(s) w
. 0
O A
n
SEE EXHIBIT "A" y
A
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as
follows:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right -of -way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen
to use said area for any public purposes.
4. Licensee is responsible for the maintenance and repair of
the public right -of -way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
determine to be necessary to keep the same in a safe and clean
#335655 08/19/91 16:00 Rec $20.00 BV : 654 PG 415
condition. Silvia Davis, Pit4in Cnty Clerk, Doc $.00
5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24-10-114, -
C.R.S., as may be amended from time to time, naming the City as
co- insured. Licensee shall maintain said coverage in full force
and effect during the term of this License and shall furnish the
City with a copy of such coverage or a certificate evidencing
such coverage. All insurance policies maintained pursuant to
this agreement shall contain the following endorsement:
'It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety until thirty (30)
days after receipt by the City, by registered mail, of a
written notice of such intention to cancel or not to renew.'
The licensee shall show proof of this insurance to the City
before this agreement is filed.
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and /or
employee of Licensee.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licen-
see's intent to cancel. This license may be terminated by Aspen
at any time and for any reason by resolution duly passed by the
City Council of the City of Aspen. Upon termination Licensee
shall, at Licensee's expense, remove any improvements or en-
croachments from said property. The property shall be restored
to a condition satisfactory to Aspen.
8. This license is subject to all state laws, the provisions
of the Charter of the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting 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, their heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reason-
able attorney's fees.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license prior to
building. No existing encroachment shall be enlarged without
obtaining an additional license prior to construction.
13. The Licensee waives any and all claims against the City of
Aspen for loss or damage to the improvements constructed within
the encroachment area.
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
• 1 By
5. i7
- JOHN BENNETT .; Mayor
ATTEST:
KATHRYN `'. KOCH, City erk
e
Licensee
i
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoin instrument was acknowledged before me this
day of tL v\ k , 19`n 1 , by - fOilo .0C P\ . Sry L--
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: 10125/92
o
•e . . 0 6 •
r e
o ary Public
1/ $ C� 81e
Address
�,,,,,5• •� #335655 OB/ 19/91 16:00 Rec $20.00 BK 654 PG 416
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Legal Description - Encroachment onto City of Aspen right -of -way
A parcel of land situated in the right -of -way of West Hopkins Avenue, City of
Aspen, Pitkin County, Colorado, and lying northerly of and adjacent to the
Northerly boundary lines of Lots F and G, Block 60, City and Townsite of Aspen,
Pitkin County, Colorado, and being more particularly described as follows:
Beginning at a point on the Northerly boundary line of said Lot G whence the
Northeast Corner of said lot G bears S 75 °09'11" E 9.00 feet; thence N 14 °50'
49" E 4.50 feet; thence S 75 °09'11" E 9.00 feet; thence N 14 °50'49" E 4.50 feet;
thence N 75 °09'11" W 60.00 feet; thence S 14 °50'49" W 4.50 feet; thence S 75°
09'11" E 44.00 feet; thence S 14 °50'49" W 4.50 feet; thence S 75 °09'11" E 7.00
feet to the point of beginning, containing 301.50 square feet more or less.
#335655 08/19/91 16:00 Rec $20.00 BK 654 PG 417
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Lines in Space
P.O. Box 121
Carbondale, Co. 81623
30 May 1991
EXHIBIT "A"
Replaces certificate issued 12_/30/91 _ -
AC111:11® CERTIFICATE O ISSUE DATE (MM /DD /YY)
— .._.._ _2j21/92 . -
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Pettit - Morry Co. POLICIES BELOW.
350 Indiana St. 1/518 COMPANIES AFFORDING COVERAGE
Golden, CO 80401
COMPANY A
(303) 278 -9028 LETTER ^ General Star Indemnity Company
COMPANY B
INSURED LETTER ICIF j.,y
Ew
COMPANY
Aspen Skiing Company, et al LETTER C
P.O. Box 1248 COMPANY
Aspen, CO 81612 LETTER D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS '
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM /DDIYY) DATE (MM /DD /VV)
GENERAL LIABILITY GENERAL AGGREGATE $
A x COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP /OP AGG. $ 1,000,000
(CLAIMS MADE OCCUR. NER 101022A -06A 10/01/91 10/01/92 PERSONAL & ADV. INJURY $1,000,000
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $ 25,000
MED. EXPENSE (Any one person) $
AUTOMOBILE LIABILITY COMBINED SINGLE
ANY AUTO LIMIT $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY •
NON-OWNED accident) $
ON -OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY LIMITS
EACH ACCIDENT $
AND
DISEASE — POLICY LIMIT $
EMPLOYERS' LIABILITY •
DISEASE —EACH EMPLOYEE $
OTHER —�.�..
REFERENCE: Encroachment Agreement dated June 10, 1991 for West Hopkins Avenue.
•
•
DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /SPECIALITEMS Certificate Holder named hereunder is included as an
ADDITIONAL INSURED solely as respects liability arising from acts or omissions of the .
Named Insured.
,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF ASPEN EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL etion'OE C)T
130 South Galena St. MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Aspen, CO 81611 LEFT, .i . . i:.r . .•o !0 :1:: . r :Nca ■∎( • •e .IS • .:Ii • V( I
% riit nOil7L]FAiID741P�0T)397 rei) • • lb'v o.. ¢ H ., c El; ::I; "; a:, : 'ir • • f :
AUTHORIZED REPRESE
ACORD 25 -S (7/90) ( I \ ® ACORD CORPORATION 1990 j