HomeMy WebLinkAboutcoa.en.Mountain Chalet.1985 Bo( X73 PA(if `—
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ENCROACHMENT AGREEMENT ro =O —
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This agreement made and entered into this 00 day of
July , 19 85, by and between the CITY OF XVPEN; Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
Ralph Melville
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 Mountain Chalet - Lots E,F,G,H & I, Block 84
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Mill Street
WHEREAS, Licensee desires to encroach upon said right - of way(s):
with a two (2) level subgrade structure extending to the
centerline of Mill Street and with a parking ramp and planter
extending 15 feet into Mill Street
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
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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
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IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF APSEN, COLORADO
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BILL S RLING, Ma or
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KATHRYN S. /'OdH, City Clerk
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Licensee
STATE OF COLORADO )
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County of Pitkin )
The foregoing instrument was acknowledged before me h}s •
day of }ua<2 , 19 f5 , by (, l /Aje '
Licensee. (/ U
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: L9/0 0/Y7
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