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HomeMy WebLinkAboutcclc.mcdonald's.mall improvement.1984 MALL IMPROVEMENT AGREEMENT THIS MALL IMPROVEMENT AGREEMENT made the ., % day of May, 1984, by and between Dan Shank d/b/a McDonald 's of Aspen (herein- after "McDonald ' s" ) , 406 South Mill Street, Aspen, Colorado, and the City of Aspen, Colorado (hereinafter "City" ) . R E C I T A L S The City Council of the City of Aspen has approved McDonald ' s application for the installation of various improvements on the Mill Street Mall as depicted on that Partial Site Plan - Mall Landscaping McDonald ' s Restaurant, dated 4-19-1984 prepared by Hansen/Haberman, Inc. (hereinafter "Site Plan" ) , a copy of which is appended hereto and made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants , terms and conditions contained herein, it is agreed as follows: 1 . The City hereby agrees to permit and McDonald 's agrees to install the Mill Street Mall improvements depicted on the site plan appended hereto, which installation shall be under the direct supervision of the City Parks Director. As depicted on the site plan, the improvements to be provided and installed by McDonald 's shall include the following : a. Seven (7 ) benches to match existing mall benches . b. Replace the two ( 2) existing aspen trees with three ( 3) new deciduous trees (3" - 3 1/4" summit ash preferred) as approved by the Parks Director. C. Provide tree grates on two (2 ) of the trees . d. Provide and install exposed aggregate concrete patio as shown on the site plan. 2 . Installation of the aforesaid improvements shall conform to plans and specifications as approved by the City Parks Director and shall meet all applicable requirements of the Municipal Code of the City of Aspen, in particular Chapter 9. Prior to the installation of any and all improvements , the contract therefor 1 shall be delivered to the City, which contract shall include pro- visions that the contractor shall : a. Make no claim of any kind against the City of Aspen, its officials, agents or employees, but shall look solely to McDonald ' s with regard to payment . b. Shall warrant all material and work for a period of one ( 1 ) year after acceptance by the City as hereinbelow pro- vided . b. Shall complete the work according to the approved plans and specifications, free and clear of all liens, encum- brances and security interests . 3. McDonald ' s , by undertaking the installation of the improvements set forth in this agreement , does hereby agree to indemnify and save harmless the City against any and all claims for damages or personal injuries arising from the placement and installation of the aforesaid improvements . McDonald ' s shall obtain for the benefit of the City, in connection with the instal- lation of said improvements general liability insurance coverage in an amount not less than the limits set forth in C.R.S . 24-10- 114 , as amended, naming the City as a co-insured thereon. 4. In the event the aforesaid improvements are not installed in accordance with the plans and specifications herein- above provided, the City may serve seven (7) days ' notice upon McDonald ' s to comply with said plans and specifications . If com- pliance is not had within a reasonable period from said notice as determined by the City, McDonald ' s shall remove the improvements and return the mall to the same condition as existed prior to the commencement of the installation of the improvements . 5. Upon completion of the improvements and acceptance thereof by the Parks Director on behalf of the City, said improve- ments and all title thereto shall be transferred to the City. Thereafter, maintenance and snow removal of the Mill Street Mall shall be the responsibility of the City. 2 1 6. The City, by this agreement , does not convey any rights or interest in the public way except the right to install the improvements on the terms and conditions set forth above. 7. If legal action is taken by any party hereto to enforce any of the provisions of this agreement , the prevailing party in any legal action shall be entitled to recover from the other party all of its costs , including reasonable attorney' s fees . 8. It is further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or any other breach. CITY OF ASPEN, COLORADO / C �By jill::am iam L. Stirling, Mayor ATTEST: Kathryn �S' Koch, Cit Clerk +F . McDONALD' S OF ASPEN B ,� g Y Ti' tle r City of Aspen, by Ordinance No. 20, Series of 1973, established a pedestrian mall on those city streets designated therein. 3 .Q 1/u cxte Cb. . VvA ,� i X72 � �_.