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HomeMy WebLinkAboutencroachment.Block 3-Lots 6-9 Eames Add.2007 RECEPTION#: 538776, 06/11/2007 at 12:30:17 PM, 1 OF 6, R $31.00 Janice K. Vos Caudill, Pitkin County, CO ENCROACHMENT LICENSE AGREEMENT THIS GRANT OF ENCROACHMENT LICENSE AGREEMENT made and entered into by and between the CITY OF ASPEN, Pitkin County, Colorado, a home rule municipal corporation ("City"), LCH, LLC, a Colorado limited liability company (collectively "Licensee"). WHEREAS, Licensee is the owner of certain real property located within the City of Aspen described as: Lots 6, 7,8 and 9, Block 3, Eames Addition to the City and Townsite of Aspen, Colorado, which Property is also described as Lots 6, 7, 8 and 9, Block 3, Eames Addition to the City and Townsite of Aspen and also tbat plrt of Lots 6, 7, 8 and 9 wltbin the City and Townsite of Aspen, County of Pitkin, State of Colorado; and WHEREAS, Licensee is constructing a mixed-use development within the City known as Dancing Bear Residences (the "Project") and as part of development of the Project, it is acknowledged by the parties that it shall be necessary for Licensee to install beams, caissons, lagging and appurtenances for soil stabilization into the Monarch Street and Dean Slreet rights- of,way which are owned, controlled and operated by the City (the "City ROW"), with the location of these beams, caissons, lagging and appurtenances shown on the drawings issued Febro8JY 26, 2007 prepared by Schnabel Foundation Company copies of which are attached hereto as Exhibit A; and WHEREAS, the City has agreed to grant to Licensee a limited, revocable and private license of encroachment over and upon the City ROW; and, WHEREAS, the Licensee has agreed to accept this license under the terms, conditions and agreements hereby specified. NOW THEREFORE, in consideration of the mutual agreements hereinafter contained, City and Licensee covenant and agree as follows: I. The Recitals are incorporated as substantive provisions of this Agreement. 2. The City hereby grants to Licensee a limited, revocable and private license of encroachment to occupy, maintain and utilize those portions of the City ROW necesS8JY and appropriate to accommodate beams, caissons, lagging and appurtenances thereto for soil stabilization as more particularly described in Exhibit A (hereinafter "licensed property''), under the terms and conditions herein set forth. 3. This license may be terminated by the Licensee at any time after the conslruction and backfilling of the foundation on Licensee's site and for any reason upon sixty (60) days written notice of its intent to cancel. The City may terminate this license for any reason at any time after issuance of a certificate of occupancy for the Project by resolution duly passed by the City Council of the City with Licensee thereafter provided written notice and a copy of this resolution. Upon termination by either party, Licensee shall not be RECEPTION#: 538776, 06/11/2007 at 12:30:17 PM, 2 OF 6, Janice K. Vos Caudill, Pitkin County, CO obligated to remove the beams caissons, or appurtenances thereto in the City ROW nor restore, nor repair the City. ROW. Upon termination, however, the City may remove, impair or interfere with the beams caissons, and appurtenances at its sole cost and expense and neither party shall have the right to claim costs, damages or otherwise as a result of such removal, impairment or interference. 4. In consideration of the grant of this License, Licensee shall pay to the City, upon execution of the License the amount of $64,43 1.00 in good funds. 5. This license shall be limited exclusively to the uses described herein and shall be subordinate to the right of th: City to use the surface area of the City ROW for any pre- existing authorized purposes. 6. 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 this coverage in full force and effect during the term of this License and shan furnish the City with a copy of such coverage cr a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsements: It is hereby understood and agreed that Surety shall endeavor to give thirty (30) days notice of cancellation of this pol icy to the City of Aspen, by registered mail, or other a written notice of such intention to cancel or not to renew. 7. Licensee shall hold the City 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 the licensed property by Licensee (except for claims that may arise out of or be occasioned by the negligent or intentional act of any representative, agent or employee of the City) and fromany act or omission of ani representative, agent, customer and or employee of Licensee. 8. This license is subject to all laws of the State of Colorado, the provisions of the Charter of the City of Aspen as it now exists, or as DllY hereafter be adopted or amended, and the ordinances of the City now in effect or those which may hereafter be passed and adopted. 9. Nothing herein shall be conslrued so as to prevent the City from granting to anyone such addkiona1licenses or property interests in or affecting the licensed property as it deems necessary, provided that such additional licenses or property interests do not materially and adversely impair or affect the rights and interests granted to Licensee herein. 10. Licensee, for iself and its successors and assigns, agrees that, if the slruCtore currently under conslruction on the Property by Licensee is in the future purposefully demolished and the Property redeveloped, the beams, caissons, lagging and appurtenances thereto for soil stabilization shall be removed and this License shall terminate with no further action by either party. RECEPTION#: 538776, 06/11/2007 at 12:30:17 PM, 3 OF 6, Janice K. Vos Caudill, Pitkin County, CO II. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon City and Licensee and their respective heirs, successors and assigns. 12. In any legal action pertaining to this Agreement, the prevailing party therein shall be awarded its reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties executed this Agreement as of the dates specified below. CITY OF ASPEN, COLORADO ..,~ ,/-- . e Klande, or ~ ATIEST: ~.L<~ M~ Kathryn S. Koc ity Clerk STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) B~~'{~L Thomas M. DiVenere, Manager STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing inslrument was acknowledged before me this W day of RECEPTION#: 538776, 06/11/2007 at 12:30:17 PM, 4 OF 6, Janice K. Vos Caudill, Pitkin County, CO ,""n y 2007, by Thomas M. DiVenere, as Manager of LCH, LLC, a Colorado 1imited liability company. Witness my hand and official seal. ~ A.l,!)~ Q PJ Val~ otary Public My Commission Expires: 12 j ~O /wcA , , RECEPTION': 538776, 06/11/2007 at 12:30:17 PM, 5 OF 6, Janice K. Vos Caudill, Pitkin County, CO 1 j ,1~1!! - -, .1 ~ i!: Il( :'~7:t Sj I ,/ " '-- ,~ , ~---....____--i i . . . . . . , , H Il I. .Ii i . Il'l!l I II. . ! . . ld..l I t I -4 HUm ~'i I ~ .i '" '; - : 1 .~ . ~ .,' :HI ., I , B a,-,.. .'. , . I..... (-:-1"- ~i ,~-- 'J (.:' 8, ;1-- ~, @ ,=)--- GJ. o ~ . . . 1 , P B B . . . I , ) I, 1" I I ,,~ ~ ~ -0< i.JJ . ,,XX / }''>.~'-''''--: ,----- - 1 I 18.. . I. , )' (:j-.- '"' {;'.~---. 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