HomeMy WebLinkAboutcoa.en.Elks Building.1990 #32989...-01/ 10/91 15:57 Rec $20.00 `< 638 PG 823
Silvia Davis, Pitkin Cnt.y Cler4, $.C..
ENCROACHMENT LICENSE
n THIS AGREEMENT made and entered into this 1 9 MI N day of
(5 1990, by and between the City of Aspen, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and Benevolent
Protective Order of Elks, Aspen Lodge No. 224 hereinafter referred
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 & M, Block 94
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Galena Street, Block 94
WHEREAS, Licensee desires to encroach upon the above described
right -of- way(s) as shown on legal description attached hereto as
Exhibit "A."
WHEREAS, Aspen agrees to the grant of a private license of
encroachments 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(s) for the sole purposes 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, not inconsistent with the
License granted.
4. Licensee is responsible for the maintenance and repair of
the public right -of- way(s), 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.
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
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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 canceled 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 Licensee's
intent to cancel. This License may be terminated by Aspen at any
time and for any reason for 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.
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 reasonable
attorneys' 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.
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Silvia Davis, Pitk.in Cnty Clerk, Doc $.00
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
By
William Stirlin4, Mayor
ATTEST:
Kathryn S. KocH, City C erk/
BENEVOLENT PROTECTIVE ORDER OF ELKS,
ASPEN LODGE NO. 224, a Colorado Not For
Profit Corporation � -
BY \. Jam. 011/444 L� ¢.2.
Licensee
COUNTY OF PITKIN )
ss:
-STATE OF COLORADO )
"" The foregoin instrument was acknowledged before me this \q
aayf , 1990, by rn
O + rMyrdpmmission expires: 6 11c I4
=
Notary Public
Jr
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EXHIBIT "A"
DESCRIPTION
D. GALENA STREET BLOCK 94
• BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE
OF LOT K, BLOCK 94, CITY OF ASPEN WHENCE THE
NORTHWESTERLY CORNER OF SAID LOT K BEARS
N 14 ° 50'49" E 26.35 FEET;
THENCE S 14 ° 50'49" W 8.17 FEET ALONG SAID WESTERLY
BOUNDARY LINE;
THENCE N 75 ° 09'11" W 2.50 FEET;
THENCE N 14 ° 50'49" E 8.17 FEET;
THENCE S 75 ° 09'11" E 2.50 FEET TO THE POINT OF
BEGINNING.
E. GALENA STREET BLOCK 94
BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE
OF LOT K, BLOCK 94, CITY OF ASPEN WHENCE THE
NORTHWESTERLY CORNER OF SAID LOT K BEARS
N 14 ° 50'49" E 40.52 FEET;
THENCE S 14 ° 50'49" E 40.52 FEET;
THENCE S 14 ° 50'49" W 6.50 FEET ALONG SAID WESTERLY
BOUNDARY LINE;
THENCE N 75 ° 09'11" W 4.00 FEET;
THENCE N 14 ° 50'49" E 6.50 FEET;
THENCE S 75 ° 09'11" E 4.00 FEET TO THE POINT OF .
BEGINNING.
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