HomeMy WebLinkAboutcoa.en.117 Spring street steps 1978 `
• AGREEMENT
THIS AGREEMENT made and entered into this 22 nd day of
May , 1978 , by and between the City
of Aspen, Pitkin County, Colorado, hereinafter referred to as
"Aspen" and Spring Street Associates, a Colorado partnership,
hereinafter referred to as "Licensee ".
WHEREAS, Licensee is the /owner /lessee] of the following
described property located in the City of Aspen, Pitkin County,
Colorado: Fractional Lot 8, and all Lot 9, Block 29, East Aspen
Additional Townsite, and Fractional Lot H, Block 98, City and Townsite
of Aspen, Pitkin County, Colorado. Also known as 117 South Spring
Street.
WHEREAS, said property abuts the following described
public right -of•- way(s): Main Street
WHEREAS, Licensee desires to encroach upon said right -of-
approximately 8
wav(z) feet parallel and adjacent to the property
above described for the following purpose:
Building entrance steps and appurtenances
WHEREAS, Aspen agrees to the grant of a private license of
as built
encroachment /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 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 purpose.
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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 i
condition.
5. Licensee shall at all times during the term hereof,,
carry public liability insurance against personal injury and
property damage protecting Aspen against any and all claims as a
result of or arising out of the use and maintenance by Licensee
of said property.
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
/its 7 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 /its, 7 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 law,_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 affectng said property as it deems necessary.
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10. The conditions hereof imposed on the granted license
of encroachment shall constitute covenants running with the
land, and binding upon Licensee, /its, 7 heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
CITY OF A !fsRADO
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By v
Stacy St- dley III
Mayor CI -1 v 7 6
ATTEST:
Kathryn ' Koch
City Clerk - 24.114.4
• Liens e: Spring Stre lociates
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