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HomeMy WebLinkAboutencroachment.retaining wall. Block 91.Cantrup. Continental Inn.1972 LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this /0 day of July, 1972, by and between the CITY OF ASPEN, a Colorado municipal corporation, (hereinafter referred to as "Licensor "), and HANS B. CANTRUP, Aspen, Colorado, (hereinafter referred to as "Licensee "); WHEREAS, HANS B. CANTRUP has requested permission from the CITY OF ASPEN to construct a section of retaining wall adjoin- ing Licensee's property on City of Aspen right -of -way in Galena Street; AND WHEREAS, the City of Aspen has determined that the construction of said wall will not interfer with the use by the public of Galena Street and the City right -of -way; NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: Licensor hereby grants permission and authority to Licensee, subject to the terms and conditions contained herein, the right to construct and maintain a retaining wall on a portion of Galena Street right -of -way in accordance with the plan attached hereto. Such retaining wall shall be finished with stucco or in such manner as shall be approved by the City of Aspen, and an appropriate guard rail shall be constructed by the Licensee which shall be subject to the approval of the City Engineer. Further the said retaining wall shall be maintained and used in accordance with the ordinances of the City of Aspen, and the directions of the Building Inspector and City Engineer of the City of Aspen. Licensee shall further keep that portion of said retaining wall within the public right -of -way in good condition and repair to the satisfaction of the Building Inspector and City Engineer of the City of Aspen. During the term of this License Agreement the Licensee shall hold the City harmless from any and all claims and damages resulting directly and indirectly from the existence of said retaining wall on City property; and further the Licensee shall obtain public liability and property damage insurance naming the City of Aspen co- insured on said policy. A copy of said insurance policy shall be provided the City within thirty (30) days from this Agreement. That this License Agreement shall be terminable and revokable by either party for whatever reason by written notice to the other party. LICENSOR: • CITY OF ASPEN, a Colorado ATTEST: Municipal Corporation BY: (2.//i L CITY CLER MAYOR / LICENSEE: / HANS B. CANTRUP 7