HomeMy WebLinkAboutcoa.en.Comanche Land & Cattle.1985 w cc xe BOOK 484 PAGE 915
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cc = cm AGREEMENT
CQ S AGREEMENT made and entered into this I( day
of Mart'.'h, 985, by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
COMANCHE LAND & CATTLE CO., hereinafter refereed to as
"Licensee."
WHEREAS, Licensee is the owner of the following
described property located in the City of Aspen, Pitkin
County, Colorado:
Lots K, L, and M, Block 41, City and Townsite of
Aspen, Pitkin County, Colorado,
WHEREAS, said property abuts the following described
public right- of- way(s):
Alley No. 42 between Francis /Smuggler Streets and
2nd & 3rd Streets, as shown on Willits Map of the
City of Aspen
WHEREAS, Licensee desires his pre- existing
improvements (wood shed and unenclosed car port) to encroach
and remain upon said right -of -way adjacent to the property
above described.
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
hereinafter 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
in accordance with paragraph 7.
3. This license is made subordinate to the right of
Aspen to use said area for any public purpose.
4. Licensee is responsible for the maintenance and
repair of the portion of public right -of -way encroached upon,
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 condition.
• BOOK 484 PAGE 916
5. Licensee shall at all times during the term
hereof, carry public liability insurance for the benefit of
the City with limits of no 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.'
6. Licensee shall hold Aspen whole and harmless
against any and all claims for damages, costs and expenses
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 their 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 their expense, remove any improvements or
encroachments 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 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, their heirs,
successors and assigns.
11. In any legal action to enforce the provisions of
this Agreement, the prevailing party shall be entitled to his
reasonable attorneys' fees.
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. BOON 484 PAGE e7I 1
IN WITNESS WHEREOF, the parties executed this
agreement at Aspen the day and year first written.
CITY OF ASPEN, COLORADO
By '
BILL STIRLING, Mayor
ATTEST:
)2/6 / i0,44
i
Kathryn S Koch, City Clerk
COMANCHE LAND & CATTLE CO.,
Licensee
�fi��r, . ,:�� , 1
iM : %1"i :' :• :a , nco n, Assistant David C. Wilhelm, Vice
• °'`: e D President
.
1
S TtRer, COLORADO )
ss.
COUNTY OF PITKIN )
The fore oing instrument was acknowledged before me
this / 'day of , ,, 1985 by WILLIAM L. STIRLING, Mayor
of the City of A e en, Colorado, a municipal corporation and
home -rule city.
WITNESS my hand and official seal.
° .$11k5, � My commission expires:
'P I�B \NG o Notary Pu
=; � � 7 T ......... • 0 Address: 130 50.-cry afb -€'R
OF ASPci, QO $1(011
STATE OF COLORADO )
ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me
this /r day ofcecn,/ , 1985 by DONALD E. LINCOLN, as
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BOON 484 PAGE918
•
Assistant Secretary and DAVID C. WILHELM, as Vice President of
Comanche Land & Cattle Co.
WITNESS my hand and official seal.
My commission expires: y/3/F-
,., /A Notary Public"
A. pt /
k Yt� ARP Address: :_572 °S C`- 7
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