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HomeMy WebLinkAboutcoa.en.Levant America.1985 A 'o A(�ry ppQQ cr - BOON 493 PAGE JLJL_3 - ° Na � n V — _ <> r y m ENCROACHMENT AGREEMENT o 0 S a rI a rn o a •! This agreement made and entered into this 264I day of July , 19 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Levant America S.A. hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: The northerly 25 feet of Lots R &S, Block 88,except the westerly one foot of the northerly 25 feet of said Lot R. City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): Alley of Block 88 WHEREAS, Licensee desires to encroach upon said right - of way(s) with an enclosed stairway which extends 4'8" into the alley and is 30'8" in length; and with a stair structure which is 10'2" in length and extends 6' into the alley. 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 is made 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 BOOK 493 PA ,89 � 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 hold Aspen whole and 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 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 attorney's fees. 12. If the structure for which this license was issued is removed for any reason, the Licensee may not rebuild in the same location without obtaining another encroachment license BOON 493 PAGE390 IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF APSEN, COLORADO By l BILL STI•+ ING, Mayor / ATTEST: S� ; i?IRYN RA- , City Clerk Al , /, 7 7 Licensee STATE OF COLORADO ) ) ss. County of Pitkin ) Tie foregoing ins ru ent was acknow ged b -fo - me th si °5 /X)//) _ day of , 196 , by . /.;III W/ ' Licensee. O WITNESS MY HAND AND OFFICIAL SEAL. l�fy commission expires: 91/15„ 1 4 1 ' . I Cal I, !LA—SL =te 0,4 ary Pub ° c TX K 2533 O O 7I Or) PL i .0`4 Address b/ rF 0i C?,ti.:..