HomeMy WebLinkAboutcoa.ex.B.P.O.E. Weber block-elks bldg. Blk 94, Lot K-M •
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ENCROACHMENT AGREEMENT
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This agreement made and entered into this in day of
July , 19 86 , by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
Anthony Scheer, Trustee for the Elks
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Elks Building, Aspen City Block 94, Lots K,L,M
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s): Galena Street & Hyman Ave sidewalk right -of -ways
WHEREAS, Licensee desires to encroach upon said right -of way(s)
See enclosed plat describing two stairways, two sidewalk- grates, one canopy
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.
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
BC^N 514 r4GF354
condition.
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.'
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 Licensee'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 encroachments from
said property. The property shall be restored to a condition
satisfactory to Aspen.
S. 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 reasonable
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.
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IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
By,
BILL S IRLING, May
, ST:'S
a KA..HRYN S. OCH, City Clerk
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STATE OF COLORADO )
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County of Pitkin )
The foregoing„i »strument was acknowledged be, i m-. A g s
/0 day of (W/tei , 19 110 , by inoiirsirie./-_i.i.t
Licensee. AT-. 4 ,
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: to /28 /11
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To: Mayor and Council
Thru: Ron Mitchell
From: Elyse Elliott, Engineering Department
Subject: Encroachment License for Esprit
Date: May 1, 1986
Summary: It is recommended that Council approve issuance of an
Encroachment License for the existing historic encroachments at
the Elk's Building.
Discussion: Esprit is in the process of renovating the Elk's
Building and is proposing to upgrade the existing encroachments.
City policy dictates that an Encroachment License be granted
prior to any improvements made on existing encroachments. The
historic encroachments are shown on Attachment A and consist of:
1. A stairway on the Galena Street sidewalk. This will be
brought up to UBC requirements and have snow -melt and railing
added. This serves as the entrance to the Galena Street Restaur-
ant.
2. A canopy covering the stairs. This is made of glass with
steel frames and is smaller that the existing canopy.
3. Two grates on the Hyman Avenue sidewalk. These are needed
for exhaust and ventilation for the restaurant. They are flush
with the sidewalk.
4. A stairway on the Hyman Avenue sidewalk. This will also be
brought up to code and have railings added. This is the fire
escape for the restaurant.
The contractor has removed the plywood encroachments and will
also reconstruct portions of the sidewalks. All these improvements
will greatly enhance the appearance of the building and reduce
the area of the present encroachments. All City referral depart-
ments, the CCLC and the HPC are in favor of issuing Esprit an
Encroachment License.
Proposed Motion: I move to grant Esprit an Encroachment License
for the proposed improvements on the existing encroachments.
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