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HomeMy WebLinkAboutcoa.en.St. Mary's church entryway .. tom ...., #358414 00./1/93 15:59 Rec 320.60 BK PO 622 Silvia Davis, Pitkin Cnty Clerk, Doc $.66 7/6 ENCROACHMENT AGREEMENT This agreement made and entered into this 9,6 day of , 199,2„ by and between the CITY OF ASPEN, Pitkin County, Colorado, h reinafter referred to as "Aspen" and SAINT MARY'S CATHOLIC CHURCH, DIOCESE OF DENVER, • 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 A, B, C, D, E, F, G, H and I, Block 93, Original Aspen Townsite City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): Main and Hunter Streets; WHEREAS, Licensee desires to encroach upon said right -of way(s): An entryway porch in the Main Street right -of -way as shown on the attached Exhibit "A." 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 Engineer 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 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. Licensee is required by Section 19 -46 of the Municipal Code to obtain a permit from the public works director for any work performed on public property in the public right -of- way. #358414 07/6 15 :59 Rec C e . ,"Doc $ lr'"'YG 623 Silvia Davis, Pitkin Cnty 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., (currently $150,000 per person and $400,000 per occurrence, changing to $600,000 per occurrence effective January 1, 1993) 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.' The licensee shall show proof of this insurance to the City before this agreement is filed. 6. Licensee shall save, defend and hold 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 prior to building. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. #358414 07/ $2 15:59 Rec $20.00 BF: 71b"FG 624 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 13. The licensee waives any and all claims against the City of 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. CITY OF ASPEN, COLORADO 9,-6-- R /3 By 0/401 Gf/ 2 . Approved as to fork Chuck Roth, City Engineer . ATTEST: dQ KATHRY . KO H, City Clerk ARCHDIOCESE OF DENVER Francis Stafford, c op SAINT MARY'S CATHOLIC CHURCH • STATE OF COLORADO ) City F, ) ss. County of f l t in ) Denver The foregoing instrument was acknowledged before me this 9th day of Sept , 19 , byJ Francis StaLfi €�rls�e. ,a .... dig's MY HAND AND OFFICIAL SEAL. -rI � A l�Y/Rti l�itD s "ton expires: 6-25-95 ©c ' i " ' Lti OTC_ Notary Public :( 200 Josephine Street Denver, CO 80206 Address KM9L210 �u St • I �� • N O 1 i 3 0 i C r•te ..._ • aii - -._ 10‘..,..4s :L.. x 3x _ k , l--..—.... i � Vi . ` 1 h+a ; j t' ;,i+ ...1,S.17.,:-,,-..-c, - f v - 'e -171:-..,..N. 1 i � . >'',1 > l `f1 - )'•: i ill v v } • y is i ._ • . J\ a a..� L L � . A� A _ �� A A v, \ • . qs a 1 \\ V v v -'•.� # n \ \ \ \ 43 & � . wv.'� v � \.. V A A .. \ V v V . ....z..0.7:a. • X : : < /W;14 •• 4 9 1 1c1 , 05 ) .. — : : - 1 1 . 1 , \ \\\\, ' \\\\ : \ : N ti‘ .• . 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