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Home My WebLink Aboutcoa.en.stage three canopy 1985 co OENc$'NE f�. et- 4 W R F ENCROACHMENT AGREEMENT � L cK — 9 /j • J~ @ Th ti O ig a g 13th r eement made and entered into this Len* ,� August , 19 85, by and between the CITY OF ASPEN, itkitr } County, Colorado, hereinafter referred to as "Aspen" and Genrge farisch Q 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 E -G and the easterly 10.0' of Lot D, Block 98, City of Aspen; and Lots 5 - , the easterly 10.0' of Lot 4, Block 29, East Aspen Additional Townsite Pitkin County, Colorado Also known as the Stage Three Theater WHEREAS, said property abuts the following described public right -of- way(s): The sidewalk of the Main Street right -of -way on the south side. WHEREAS, Licensee desires to encroach upon said right -of way(s) with a canopy that extends 14' into the right -of -way and is 28' wide. 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 Bu 56'? r4,f632 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 BOOK 501 PAGE633 IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF APSEN, COLORADO fr Ana. B y BILL S IRLING, Ma ! r ATTEST: th KATHRYN S. 00CH, City Clerk Licensee STATE OF COLORADO ) / ORADO ) . N0/£/n /N) ss. County of D4444 -n ) The foregoing instrument was acknowledged before me tklIp c76 r day of /9 a.e- S � --- , 1 9 -. ' s Licensee. WITNESS MY HAND AND OFFICIAL .EAL. My commission expires: /O . 1 Notar P blic �/ ��- 07/17F Address DONNA HEDOUIST S . NOTARY PUBLIC • MINNeSOM HENNEPIN COUNTY Ur Oe,u,YMa B.W.. Sept M *le To: Mayor and Council Thru: Hal Schilling, City Manager From: Elyse Elliott, Engineering Department Subject: Stage Three Theater - Encroachment License Summary: The Engineering Department recommends that Council approve an Encroachment License for the canopy at the Stage Three Theater. Previous Council Action: None Background: The existing 14' x 28' canopy at the Stage Three Theater (formally "Playhouse ") was constructed in 1971, a license was not required nor granted at that time. The theater now proposes to install seven clear acrylic pyramids on the roof for the purpose of creating a "more light and airy space ". No changes to the present size or placement of this existing encroa- chment are proposed. Please refer to Attachment A for detailed plans. Discussion: The addition of the acrylic pyramids on the canopy would make the encroachment more visible. However, this canopy provides weather protection to the movie -goers before and after the features. With the new schedule of four showings per day in each of the three theaters, the canopy will be used more frequently. Recommendations: It is this department's recommendation that the canopy at the Stage Three Theater is a benefit to the public and should be granted an Encroachment License. Proposed Motion: I move for approval of an Encroachment License for the canopy at the Stage Three Theater. 1kLo ,.. GLEAf AGKYuc A - r -r A-c4tM,E 10 ` `� 7�M - (7 ) r e - r - / NG o PY N i p (eie11 TN1e Ara-A) n 4 �A�T �_�VATio�l . 4= 1 -d cALloFt l (oiTTj SiMilArz - � / �- I G I FfJ✓7 � RG Jo PATS 5,7,S I 4-U-I - G4f( 42_o /6S 5 GIBSON C RENO • ARCHITECTS 810 E. COOPER AVENUE • ASPC.N, C;,7LCfAOO b1 $ 6720 /ar . ,. 4 T- r'Ac r1/4tN7 A lig 3 1-IoYz' if __ , • r 4 -Ik.� 4,I Ti, Yz y� �I Y.,`-1014 \ T I V-1 /' -II L / 8 � r 4)1 • ' N cJ m c • A , p 1 , i • �e f RtOP 4 o \ - \` Eft - r)1 , 0 poor PLAiI 4' I -0 5 L- 0 GIBSON C. REN • ARCHITECTS Ate E. coonF AV£NL'£ 1 Asp N, cC.c.Oi ,Acc ems+i