HomeMy WebLinkAboutcoa.en.McDonald.300 W Main.1988 B001 571 C LO
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ENCROACHMENT AGREEMENT LC m
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This agreement made and entered into thi is day of August
, 1988 , by and between the CITY OF ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and
Scott and Caroline McDonald
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 Q,R &S, Block 44 (300 W. Main St)
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Second Street and Main Street
WHEREAS, Licensee desires to encroach upon said right -of
way (s) on Second Street with a parking space perpindecular to the alley
of Block 44.
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 herein-
after 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
UM 571
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 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 Licen-
see'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 en-
croachments 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 reason-
able 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.
4 .,.
BoiiK . '571 vAGE655
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:
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KATHRYN S KOCH, City Clerk
Licensee
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoing instrument was acknowledged before me this
day of , 19 , by
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: o o � ^I "C�p „I,,,o,
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/Notary Public ,
Address
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MEMORANDUM
To: Mayor & City Council
Thru: Robert S. Anderson, Jr., City Manager
Thru: Jay Hammond, City Engineer /Director of Public Services
From: Chuck Roth, Assistant City Engineer C'Al
Date: June 22, 1988
Re: McDonald Encroachment License Application
SUMMARY:
The applicant was permitted by P & Z to reduce the required on-
site parking based on the plan that the applicant would construct
improvements in the adjacent right -of -way for converting the
parking on the Second Street frontage from parallel to angle
parking. Such construction would have provided three more
parking spaces in the area of the project, but it would have
jeopardized the health of the historic blue spruce trees on the
site. The only viable alternative for the site for providing
additional parking appears to be through granting an encroachment
license for a parking space off the alley, adjacent to five other
spaces which will be constructed during the course of renova-
tions. Please see the attached map.
PREVIOUS COUNCIL ACTION:
Council has given historic designation to the McDonald property
and structure at Second and Main.
BACKGROUND:
Please see attached memo from Engineering Department.
PROBLEM DISCUSSION:
The comments received during the referral procedure are as
follows:
Fire Marshall, Building Department- no related concerns
Zoning - does not support giving license in right -of -way for
private parking use.
Parks - was concerned for safety of historical spruce trees;
supports granting encroachment license as alternative
solution to parking problem
Police - site inspection revealed no concerns
Streets- City will not perform snow removal for parking spaces;
the space is where snow from the alley would have been
stacked.
Planning- agrees with priority to save trees.
ALTERNATIVES:
(1) Require applicant to construct angle parking as initially
intended on Second Street with design to preserve trees.
(2) Require additional parking spaces be provided on applicant's
property which would probably result in adverse visual impact.
FINANCIAL IMPLICATIONS: None.
RECOMMENDATION:
Staff recommends approval of the encroachment license in order to
ensure the health of the large trees. As discussed in the
attached memo from the Engineering Department, the angle parking
proposal was not ideal for functional and aesthetic reasons, and
the suggested encroachment might be a better utilization of
existing site conditions. Please note that sidewalk will be
constructed along the Second Street frontage and that the
encroachment will not interfere with the sidewalk.
PROPOSED MOTION:
I move to approve the McDonald encroachment license application.
CITY MANAGER COMMENTS:
rf—
cc: Streets Department
Planning Office
CR /cr /memo_88.55
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