HomeMy WebLinkAboutcoa.en.Nitzke.1988 Recorded at f :26 o'clock _E "4 5 -ciSi 56'3
BOOK
Receptibn No . 7 -1 1 "g--WI ..
SILVIA DAVIS PITKIN COUNTY RECORDER
ENCROACHMENT AGREEMENT
This agreement made and entered into this 2nd day of
May , 1988, by and between the CITY OF ASPEN,
Pitkin County, Colorado, hereinafter referred to as "Aspen" and
WILLIAM A. NITZE 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 14, 15, 16, 17, 18, 19 and 20, Block 101
Hallam's Addition
City of Aspen, Pitkin County, Colorado;
WHEREAS, said property abuts the following described public
right -of -way:
North Street;
WHEREAS, Licensee desires to encroach upon said
right -of -way:
For the purpose of maintaining an existing stone wall which
encroaches on the North Street right -of -way as shown on the site
survey attached hereto as Exhibit A;
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions;
NOW 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 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 portion of the public right -of -way upon which the
encroachment is built, 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.
AV
BOON 563 PAGE 327
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 Aspen 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
reasonable 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.
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IN WITNESS WHEREOF, the Paies
Aspen the day and year first writrtten. executed this agreement at
CITY OF ASPEN, COLORADO
`41
r
By� Bill Stirling
ATTEST
A.t Ko City Cler
atMy LICENSEE
dLUft�
William A. Nitze ,
1AiA3)1sNg ) ss.
and subscribed to before
was sworn ore
1988 by William of
The foregoing instrument
day of
me this Licensee.
SEAL.
WITNESS MY HAND AND OFFICIAL Iqq/
M Commission expires: ...•
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