HomeMy WebLinkAboutcoa.en.McFarlin.1992 #349083 15:05 Rec $25.00 5PB9 PG 918
Silvia Davis, Pitk:in Cnty Clerk, Doc $.00
ENCROACHMENT AGREEMENT Co
T is agreement made and entered into this S day of
, 19 by and between the CITY OF ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and the Andrew's
McFarlin Condominium Association hereinafter referred to as
"Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Andrews McFarlin Condominiums
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
The eastern line of the 400 block of North Mill; and the
northwestern property line of the City of Aspen's Rio Grande
property.
WHEREAS, Licensee desires to encroach upon said right -of way(s)
an encroachment of unknown extent for a retaining wall as called
out on the City of Aspen's Rio Grande Property plat 900 -83. See
attached portion of plat exhibit A.
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
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
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5 i1vi1.,,,pavis, Pitkin Cnty Clerk, c $.00
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 insurance company 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 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.
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 prior to
building. No existing encroachment shall be enlarged without
obtaining an additional license prior to construction.
#34908C9/29/92 15:05 Rec $25.00 B C 689 PG 920
Silvia Davis, Pitkin Cnty Clerk, D $.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 mit
Chuck Roth, City Engineer
ATTEST:
KATHRYN S. KOCH, City Clerk , D
�/� • G� I:r....
Sarah Pletts, Licensee 04,
As President of the Andr- ' McFarlin
Condominium Association
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:
Notary Public
Address
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In \ � #349083 09/29/92 15:05 Rec $25.00 BF( 689 PG 921
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#3403 09/29/92 15:05 Rec $"' --4 )BK 699 PS 922
Silvia Davis, F'itkin Cnty C1erk;•••5oc $.00
POLICY NUMBER: OBP D2 51 58 59 3 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: •
CITY OF ASPEN, COLORADO
(BUT ONLY WITH RESPECT TO INSURED'S RETAINING WALL
THAT IS ON CITY PROPERTY)
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
ADVANCED INSURANCE
ASPEN, CO
5 /8KH
•
CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑
II