HomeMy WebLinkAboutcoa.en.Sabbatini.208 S Mill St.1991 ?, ! 4J
#331232 03/22/91 14:50 Rec $25.00 bre PG 341
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
ENCROACHMENT AGREEMENT
This agreement is made and entered into this c2 01A, day of
March, 1991, by and between the CITY OF ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen ", and SABBATINI SPORT,
INC., a Colorado corporation, hereinafter referred to as
"Licensee ".
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
as shown on Exhibit A attached hereto and incorporated
herein by this reference.
WHEREAS, said property abuts the following described public
right -of -ways:
the 200 block of South Mill Street and the Alley of Block
88 adjacent to the southerly boundary of Lots A, B, and
C and the west 5.5 feet of Lot D in said Block 88.
WHEREAS, Licensee and Aspen acknowledge the encroachment upon
said right -of -ways with building, roof overhangs and dry well in
the area described as follows:
BEGINNING at a point whence the northwest corner of Block
88, City and Townsite of Aspen, Pitkin County, Colorado,
bears N 14° 50' 49" E 80.50 feet.
THENCE N 75° 09' 11" W 3.00 feet into Mill Street;
THENCE S 14° 50' 49" W 21.00 feet in Mill Street;
THENCE S 75° 09' 11" E 6.90 feet into the alley of said
Block 88;
THENCE S 14° 50' 49" W 5.00 feet in the said alley;
THENCE S 75° 09' 11" E 30.40 feet in said alley;
THENCE N 14° 50' 49" E 5.00 feet in the said alley;
THENCE S 75° 09' 11" E 29.50 feet in the said alley;
THENCE S 14° 50' 49" W 3.50 feet in the said alley;
THENCE S 75° 09' 11" E 4.00 feet in the said alley;
THENCE N 14° 50' 49" E 3.50 feet in the said alley;
THENCE S 75° 09' 11" E 28.06 feet in the said alley;
THENCE N 14° 50' 49" E 1.50 feet to the northerly R.O.W.
of said alley;
THENCE N 75° 09' 11" W 95.86 feet along the northerly
R.O.W. of said alley into the R.O.W. of Mill Street;
THENCE N 14° 50' 49" E 19.50 feet along the easterly
R.O.W. Mill Street to the point of Beginning.
WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
#3S/232 03/22/91 14:50 Rec $2 )? Bb :: 642 PG 342
Silvia Davis, F'itk:in Cnty Clem::, Doc x.00
THEREFORE, in consideration of the mutual agreement
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. Subject to paragraph 10 below, a private license is
hereby granted to Licensee for a perpetual term to occupy, maintain
and utilize the above described portion of public right -of -way for
the sole purpose described.
2. This license shall be subordinate to the right of Aspen
to use said area for any public purposes, which right shall not
unreasonably interfere with the license granted Licensee by this
Encroachment Agreement.
3. 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.
4. 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 an additional
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"
Licensee shall show proof of this insurance to Aspen before this
agreement is filed.
5. 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.
6. 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. 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.
*3312:?" 03/22/91 14:50 Rec $25.06.....4. 642 PG 343
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
7. 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.
8. 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 so long as such grant
does not unreasonably interfere with the license granted Licensee
hereunder.
9. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land, and
binding upon Licensee, its heirs, successors and assigns.
10. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable
attorneys' fees and costs.
11. If the structure for which this license was issued is
removed for any reason, this license shall terminate and Licensee
shall either (i) rebuild any new structure within the confines of
the property boundaries, or (ii) obtain another encroachment
license prior to construction of any new structure.
12. Licensee waives any and all claims against 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 above.
CITY OF ASPEN, COLORADO
ATTEST:
•
B By:
Kathryn . Koch, Bill Sti ling, May r
City Clerk
Sabbatini Sport, Inc., a
Colorado corporation
/
BY . m • •
Dexte Williams, President,
Licensee
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#3312. 03/22/91 14:50 Rec X25.00,� ): 642 PG 344
Silvia Davis, Pitkin Cnty Clerk, C x.00
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The _foregoing instrument was sworn and subscribed before me
this 20 day of March, 1991 by Dexter Williams, President of
Sabbatini Sport, Inc., Licensee.
WITNESS my hand and official seal.
My commission expires: . LZ f4'4 3
Notary Pub c 31 -/
i?
L'
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#331232 03/2 14 :50 Sc $25.00 Ph:: 642 PG 345
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
EXHIBIT "A"
The South 19.5 feet of Lots A, B and C and the
West 5.59 feet of the South 19.5 feet of Lot
D, all in Block 88, City and Townsite of
Aspen, Colorado.
A C O R D C E R T I F I C A T E O F
I N S U R A N C E ISSUE DATE 03/21/91
.':'UDIICER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
j •.:A C STAPLETON AGENCY, INC NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
1 33 E HOPKINS AVE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELW
.-<PEN, CO C M A N T E S A F F O R D I N G C O V E R A G E
11611 COMPANY
LETTER A ROYAL INSURANCE
, ' .OE 3801855 SUB-CODE COMPANY
LETTER B
• UROD COMPANY
c.BBATINI S'9RTS, INC. LETTER C
208 SOUTH MILL STREET COMPANY
ASPEN, COLORADO LETTER D
M■61 COMPANY
LETTER E
r J E R A C E S
TO -- •ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
DIr. 0, :<OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
E:'T:r!IATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
:CL' 'IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF. POLICY EXP.
TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS
C'4L LIABILITY GENERAL AGGREGATE $ 2,000,
EX] Commercial General Liability PRODUCTS-COMP /OPS AGGREGATE $ 2,000,
A C 1 Claims Made IX) Occur. PSP039058 04/28/90 04/28/91 PERSONAL & ADVERTISING INJURY S 1 000.
C 1 Owner's & Contractor's Prot. EACH OCCURRENCE $ 1.000,
C ) FIRE DAMAGE (Any one fire) S 50,
_I C 1 MEDICAL EXPENSE (Any one person) S 5,
AUTOMOBILE LIABILITY COMBINED S
Any Auto SINGLE LIMIT
C 1 All Owned Autos BODILY INJURY S
C ) Scheduled Autos (Per person)
C 1 Hired Autos BODILY INJURY S
C 1 Non-Owned Autos (Per accident)
C ) Garage Liability PROPERTY DAMAGE S
EXCESS LIABILITY - . . - _ EACH 1 AGGREGATE
C 1 OCCURRENCE I
_ C ! Other Than Umbrella Form
WORKER'S COMPENSATION STATUTORY
AND $ j (EACH ACCIDENT)
EMPLOYERS' LIABILITY S I (DISEASES - POLICY LIMIT)
S I (DISEASES -EACH EMPLOYEE)
OTHER
h:SCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS
he certificate holder shown below is an additional insured as their interest
may appear.
PLEASE CHECK POLICY FOR EXCLUSIONS AND LIMITATIONS
= C E R T I F I C A T E H O L D E R C A N C E L L A T I O N - -----
It is understood and agreed that this insurance policy
CITY OF ASPEN may not be cancelled by the company until thirty (30)
130 SOUTH GALENA days after receipt by the City, by registered mail, of
ASPEN, CO a written notice of such intention to cancel or not to
81611 renew. •—•
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