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HomeMy WebLinkAboutencroachment.right-of-way - holiday house Hopkins Ave. 1991 ENCROACHMENT AGREEMENT This agreement made- and entered into this Za day of '' w VCA 19 by and between the CITY OF ASPEN, Pitkin County, < , hereinafter referred to as "Aspen" and aito THE ASPEN SKIING COMPANY CII ; hereinafter referred to as "Licensee." d -: < co r• � WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: � ! -n � fi_ City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public rr X right-of-way(s) : < n i Hopkins -Avenue WHEREAS, -` Licensee desires to encroach upon said .right-of o 1Z way(s) CA 4 . SEE EXHIBIT "A" r 4 WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutualagreement herein- after 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 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 #335655 U8/19/91 16: 00 Rec $20. (--)0 BI--" 654 PG 415 condition. Silvia Davis, Pitkin Cnty Cler•I-:: , Doc x. 00 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. ' 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 Licen- see'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 en- croachments 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 covenantsrunning. 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 reason- able 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. 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 By --'JOH.ld- EENNE:tT Mayor ATTEST: KATHRYN KOCH, City-rierk Licensee STATE OF COLORADO_ ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of vtik 19 9 i by -fQ cin,Lie lc .S Licensee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 10/25192 .� °o�, ary Public f2 Address ;; .,����„�,••` r#377 355 OBI 19191 16: 00 Rec $20. 00 Lek:: 654 PG 416 Silvia Davis, Pi U.-An Cnty Clerk: , Doc $.00 _ _J • Legal Description - Encroachment onto City of Aspen right-of-way A parcel of land situated in the right-of-way of West Hopkins Avenue, City of Aspen, Pitkin County, Colorado, and lying northerly of and adjacent to the Northerly boundary lines of Lots F and G, Block 60, City and Townsite of Aspen, Pitkin County, Colorado, and being more particularly described as follows: Beginning at a point on the Northerly boundary line of said Lot G whence the Northeast Corner of said lot G bears S 75009111" E 9.00 feet; thence N 14050' 49" E 4.50 feet; thence S 75°09111 " E 9.00 feet; thence N 14050149" E 4.50 feet; thence N 75009111" W 60.00 feet; thence S 14150149" W 4.50 feet; thence S 750 09111" E 44.00 feet; thence S 14150149" W 4.50 feet; thence S 75009' 11 " E 7.00 feet to the point of beginning, containing 301 .50 square feet more or less. #335655 08/19/91 16: 00 0 Rec $20. 00 BK 654 PG 417 Silvia Davis, Pitkin Cnty Clerk: , Doc $. 00 _ J Lines in Space - — - - P.O. Box 121 Carbondale, Co. 81623 30 May 1991 i" EXHIBIT "A" Re2laces certificate issued 12/30/91 ,'•, '\d,a\\ \„ \\\\a,0.,\,n.,.\\\ \\t\�a`\\��vA\a\\�:a\\\. \\U �\\\F �va\�\..�..,..\\�\\ F\\\\\h\���\\�`tiA \�,\��`�a�1C\ \\\ \\\. \�\\`\\�v� \a� \\'! DATE(MM/DD/YY) L21112 92 PRpDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Pettit—Morry Co. POLICIES BELOW. 350 Indiana St. #518 COMPANIES AFFORDING COVERAGE Golden, CO 80401 3 ? COMPANY A (303) 278-9028 j LETTER General Star Indemnity Company i COMPANY B INSURED LETTER COMPANY Aspen Skiing Company, et al LETTER C' P.O. Box 1248 .._-,.__.,......._-. _._... .. .......... . ....... ..._..... ...... ._.... ... ..... ...__-w.�.. ....,.........., COMPANY Aspen, CO 81612 i LETTER D ............. COMPANY E LETTER �, ,�,.,N• a\SP �tl 1 N d t al. C�OUERAGES ��, � e' a � w� ��v�x � � my` ,_ ..._.._. .... < �,... . '.. ,va. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI POLICY EFFECTIVE'POLICY EXPIRATION: LTRI TYPE OF INSURANCE j POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) I LIMITS j GENERAL LIABILITY { ! GENERAL AGGREGATE is A X COMMERCIAL GENERAL LIABILITY i ? ? 'PRODUCTS-COMP/OP AGG 3 $1 OOQ OOO PERSONAL $1_,�CLAIMSMADEOCCUR. NER 10022A-06A QQX 3— � OWNER'S&CONTRACTOR'S PROT! ? I EACH OCCURRENCE , $ FIRE DAMAGE(Anyone fire) L$ 25. OOO j MED.EXPENSE(Any one person)' $ I AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ µN ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY r NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY j PROPERTY DAMAGE $ ` EXCESS LIABILITY ( EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE_ $ OTHER THAN UMBRELLA FORM I STATUTORY LIMITS WORKER'S COMPENSATION ---T EACH ACCIDENT �..... s_..._._.___ AND I DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY i _ DISEASE—EACH EMPLOYEE( $ t OTHER ' REFERENCE: Encroachment Agreement datedIJune 10, 1991 for West Hopkins Avenue. i I I DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate Holder named hereunder is included as an ADDITIONAL INSURED solely as respects liability arising from acts or omissions of the Named Insured. CERTIFIdATt,,Wj0LDER« ra w \,a a> av \c ,A ,`CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ASPEN �'•.; EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MMXN 130 South Galena St. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Aspen, CO 811+611 LEFT,��13CXIKIX 0.EX� 0 �1�iA�II€ �4C�X AUTHORIZED REPRESE A VE a ©ACQRD CORPORATION: ,e,a1.:v;.r �\.y4n-.:,aa r.«:,...:ae.\a 'ti,ac�ck't"t`\\ kFP \ ,. �r \..\\\C C,'`,exx \• n H_.\,. \", \-`�`C� \ w,a+, 5,'s .� r_.. $ , � �,, \a a��\.:;F�,�� \'� ;.`\ n�� �`y �\a�•��ay\��^ t��4 y r`r �� � , . .199U`". ACORD,;25,S,,(7/,90 a����r�>�s��\\���"�sak�����,���,�l�y\,F,2��x1�u���u\�`�;, :�\M."n�C,`\„�.�.,,,z>• ,tk.`.•• ,: . �. , ,;: .