HomeMy WebLinkAboutencroachment.parking Drako N. Mill - Rio Grande Property 1978 o
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AGREEMENT
THIS AGREEMENT made and entered into this o day of b
1978, :by and between the. City v �'
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of Aspen, P.itkin County, Colorado, iiereinafte�r referred tom as
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"Aspen" and Drako, Inc., d/b/a Cap 's Auto Supply Ltd. herein-
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after referred to as "Licensee
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WHEREAS, Licensee is the lessee of the following described
property located in the City of Aspen, Pitkin County, Colorado': '
Parcel A: a part of the southwest 4 of the
southwest 4 of Section 7, Township' 10 South,
Range 84 West of the 6th prime meridian
including therein fractional block 85 , City
and townsite of Aspen, described as follows:
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Beginning at .a point where the northwest �c&rner
of Lot A, Block 86, City and townsite of Aspen a
being south 14 degrees, 50 minutes, 49 seconds
west 86. 68 feet which point is on the extended °
easterly line of the Mill Street; thence south
75 degrees, 9 minutes, 11 seconds east 135. 6
feet, more or less to a point on the line between
corners 4 and 5 of Aspen townsite; thence north
43 degrees, 13 minutes, 20 seconds, west along
said townsite line 165. 23 feet more or less to
the easterly line of Mill Street; thence south
14 degrees, 15 minutes, 49 seconds west 87. 4
feet more or less to the point of beginning.
Parcel B: that part of southwest 4 of the south-
west 4 Section 7-10-84 west of the 6th prime : a `
meridian including therein fractional Block 85,
City and townsite of Aspen described as follows :
Beginning at a point where the northwest corner '
n p of Lot A, Block 86, City and townsite of Aspen
'being 14 . degrees, 50 minutes, 49 seconds west
86. 68 feet which point is on the extended easterly,
line of Mill Street; thence south 75 degrees,
Q 9 minutes , 11 seconds east 135. 6 feet, more or
less to a point on the line between corners' 4 and 5
of Aspen. townsite;, thence north -43' degree' s, 13..minutes,
20 seconds, west along, said townsite line 4 feet more q
or 'less to the easterly corner of property described
in Book 260 -at Page 896 of the Pitkin County records.
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hence 76 degrees, 9 minutes, 11 seconds west .138 ..65
feet 'more or less to the extended easterly line of
Mill Street, thence south 14 degrees, 15 minutes
40 seconds west .2 ^,,feet to the° point of beginning.
WHEREAS, said property abuts. the following described City
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of Aspen property.:
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A tract of land abutting Line 4-5 of the Original
Aspen Townsite lying easterly of North Pill Street
and southwesterly of the Roaring. Fork River. commonly
known as. the "Rio Grande Property."
WHEREAS, Licensee desires to. encroach .upon said city
property as: shown on the attached Exhibit :"A" for the following
purposes-:
Parking and vehicular and pedestrian circulation.
NHEREAS, Aspen agrees to the grant of a private license of
encroachment subject to certain conditions.
THEREFORE, in consideration of. the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as follows:
1. A private license is hereby granted to Licensee to
occupy, maintain and utilize the above-described portion of
Aspen' s property 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 purpose.
4. Licensee is responsible for the maintenance and repair
of the property, 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.
5. Licensee shall at all times during the term hereof,
carry public liability insurance against personal injury and
property. damage protecting Aspen against any and all claims as a
result of or .arising out of the use and maintenance by Licensee
of said property..
6. Licensee shall hold Aspen whole and harmless against .
any and .all claims for damages, costs and expenses.,: to .persons
or property. thatimay arise out of, or be occasioned by the use,
occupancy and maintenance of said property. by Licensee, or from
any actor omission of any representative, agent, customer and/or
employee of Licensee.
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7. Licensee agrees that no. .vehicle shall be stored on
the above-described property for a .peri.od of more than. four.teen
(14) days.
3. 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 its expense, remove any . improvements or encroachments
from said property. The property shall be restored to its
present condition and the restoration shall be made to the
satisfaction of Aspen.
9 . This license is subject .to all state law, 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.
10. 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.
11. ^'he conditions hereof imposed on the granted license
of encroachment shall constitute covenants running with the land,
and binding upon Licensee, its successors and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the .day and year first .written.
CITY OF EN, COLt7O ADO
Stacy . tandley II_ I
Mayor
ATTEST:
Kathryn och_
City Cle k.
DRAKO, ZINC. -/b/a Ca ' s Auto Supply Ltd.
ATTEST: °
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