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Home My WebLink Aboutencroachment.parking lot.Eagles.700 e bleeker Lot 3 Creektree 1995 ENCROACHMENT AGREEMENT This Agreement made and entered into this 25th of September, 1995, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and the Fraternal Order of Eagles, 700 East Bleeker Street, Aspen, Colorado 81611, hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Lot 3, Creektree Subdivision 700 East Bleeker Street City of Aspen,Pitkin County, Colorado; WHEREAS, said properties abut the following described public right(s)-of-way: North Spring Street WHEREAS, Licensee desires to encroach upon said right(s)-of way: For use as private parking. See Exhibit A- legal description. See Exhibit B - survey, Page , . 00tAc.tleJ 6ere-bt,, WHEREAS, Section 19-5 delegates the authority to the City Engineer to grant encroachment licenses; 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 purposes described. 2. This license is granted f6r 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 �t�E7 3 �1- Ej�Z�1 P-696 — 1.� / 7/95 9 :22A PG ❑F RFC DOC N(I SILVIA DAVIS PITKIN COUNTY CLERK, & RECORDER — _26-.-00 _ — determine to be necessary to keep the same in a safe and clean condition. The Licensee shall obtain permits from the City Streets Department for any work to be performed in the public right-of-way with design approvals for such work obtained from the City Parks and Engineering Departments as appropriate. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. Licensee agrees to remove snow from sidewalk along entire 127 foot Spring Street frontage as provided for in Article VIII, Chapter 19, Municipal Code. Licensee agrees to install split rail fence to separate parking area from sidewalk area. 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 $600,000 per occurrence) 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 canceled 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 maybe terminated by Licensee at any 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. 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. r-388035 B.-BBI P--697 1.2/07/9 09 .-22A PIG 2 OF 5 12. If the structure(s) for which this license was issued is/are removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. It is City policy to preserve public rights-of-way for.the general public benefit, and it is not anticipated that reconstruction of encroachments would be permitted. 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. Licensee STATE OF COLORADO ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day oiS&a , 1921:-, by (Licensee). N: `T INEY,HAND AND OFFICIAL SEAL. yQ Y a Ramis o expires: ,,o: oto PAb�ic�l`' Address �� • �� ll 0 RE CITY OF ASPEN, COLORADO By Fo r-City Engineer ►�l?�95��@ NAL ATTEST: E� , ATTEST: KATHRYN S. KOCH, City Clerk KM95.195 38803 115 B-801 P-698 12/07/95 09 .22A PG-3 OF 0 • Alpine Surveys, Inc. Post Office Box 1730 Aspen, Colorado 81612 303 925 2688 MAY 23 , 1995 88-62-2 DESCRIPTION OF PARKING LOT ENCROACHMENT THAT PART OF SPRING STREET LOCATED IN THE CITY OF ASPEN, COLORADO, COUNTY OF PITKIN, STATE OF COLORADO, BEING MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WESTERLY BOUNDARY OF LOT 3 , CREEKTREE SUBDIVISION, CITY OF ASPEN, COLORADO, WHENCE THE SOUTHWESTERLY CORNER OF SAID LOT 3 BEARS S 00059151"W 5 . 38 FEET; THENCE N 18023 ' 02" W 54 . 34 FEET; THENCE N 08044 ' 38" E 13 . 54 FEET; THENCE S 69010 ' 51". E 17 . 24 FEET; THENCE S 00059 ' 51" W 58 . 86 FEET TO THE POINT OF BEGINNING, CONTAINING 645 . 07 SQUARE FEET MORE OR LESS. 388035 B--801 P—C,99 12/07/95 09.22A PIG 4 0F � - - - — - - - - 10111141_�- ,.� : P�'• x .' ef�T�y�9^`w. 5,*`3f ?'�'''tr .is.3s ,TY s,','�s.*."„'"33" ,� aC tt 't s�rt -.!jT.�:S�. -. €.. s;�.;-. t �:.r ``c.t(�,-[i''� f3� ,.•,•; ��..`•'�' .y : 'fia f. li�7�#. :.E �.tr...'a;.:f. :� t-,7 'v 1� ,..47k�., .•°,d{'.,�ai �'�`",.zw'yi;} ';,s r9`� rt.' n:+�'.i 4'r: 't� `�'F.G.-.:,t�gw�.y+.1 �,,}'`�' s q'"�` ��,;:.' .s,;-tr. fi'.,... v k.,� i r2 F 1�. �C •�4,.r...0 mry t z ��. Y � ...f�s..tra. '� � ''��u��*'S""';.;"{`�'�` 'a.',5 ¢«* ...� r �r� #a*��S+r s 7.r3T s u w •�.� �S+ e 4v'5.�,r r j.. .+ ak �yr �' ri .. f-.t �',�. 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