HomeMy WebLinkAboutFile Documents.630 W Hopkins Ave.0052-2020-BRES (16) May 22 20,05:22p Loralee West 6106440574 p.1
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TEMPORARY CONSTRUCTION LICENSE AGREE_MFNT
This Temporary Construction License Agreement (this "Agreement") is entered into on
May 22, 2020, by and between ALFRED NEST,. JR. AND LORALEE WEST ("Owners"), and
WINGSTONE TOY COMPANY LLC ("Licensee").
Recitals
A. Owners are the owners of certain real property located at 634 W. Hopkins Ave.,
Aspen CO 81611 ("Owners'Property"),
B. Licensee is the owner of certain real property located to the east of and adjacent
to Owners' Property with an address of 630 W. Hopkins Ave., Aspen CO 81611 ("Licensee's
Property").
C. Licensee desires to acquire from Owners a temporary construction license to use
a portion of Owners' Property along the east boundary of Owners' Property(the"License Area")
for the purpose of forming and constructing a retaining wall that, upon completion, will be
located entirely on Licensee's Property.
Agreement
In consideration of the mutual promises and covenants set forth herein, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Grant of License. Subject to the terms and conditions of this Agreement, Owners
grant to Licensee, for the Term (as defined below); a non-exclusive license over, above, under
and across the License Area(the "License") for the'purpose of undertaking the construction of a
retaining wall`on Licensee's Property pursuant to the plans previously reviewed and approved by
Owners (the Work Plans") and a building permit properly issued by the City of Aspen, all in
accordance with this Agreement (the "Work"). The License is non-exclusive and Owners will
have the right to enter and use the License Area for any purpose that does not unreasonably
interfere with the rights granted to Licensee pursuant to this Agreement. Licensee will cause the
Work to be conducted and undertaken in accordance with and in furl compliance with the Work
Plans approved by Owners.
2. Term. The term of the License (the "Term") will commence upon mutual
execution of this Agreement and will terminate on the day on which the Work(including without
[imitation the restoration work required pursuant to Section 3 below) has been completed in
accordance with this Agreement.
3. Duty to Repair. Restore, or Replace: As part of the Work, Licensee will cause
the License Area to be completely repaired and restored in accordance with the Work Plans and
all applicable laws, including without limitation all;approvals and requirements of the City of
Aspen.
4. Maintenance. Licensee shall be responsible for maintaining the retaining wall
and all other improvements constructed by it pursuant to this Agreement in good condition and.
repair so as not to cause any harm to Grantors' property. This maintenance obligation shall
survive the expiration of the Term and the termination of this Agreement.
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May 22 20,05:22p Loralee West 6106440574 p.2
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5. No Mechanic's Liens. Licensee will keep Owners' Property free from all
mechanic's and/or materialmen's liens and any;other liens or encumbrances arising out of
Licensee's use of the License under this Agreement, The terms of this Section will survive the
Term of the License and termination of this Agreement.
6. Compliance with Laws. Licensee Will comply, and cause its contractors, agents,
consultants and employees to comply, with all federal, state,and local laws,rules, regulations and
ordinances, including, but not limited to,all laws applicable to the Work.
7. Assumption of Risk. Licensee assumes any risk involved in the use of the
License and releases and discharges Owners from any liability for loss,damage or injury incurred
by Licensee as a result of or in connection with jLicensee's entry or presence upon Owners'
Property, or Licensee's activities thereon.
8. Miscellaneous. The terms and conditions hereof and the subsequent performance
hereunder will be construed in accordance with and controlled by the laws of the State of
Colorado. This Agreement may be executed in a number of identical counterparts, and a emailed
scan or facsimile transmission will be binding on the party or parties whose signatures appear
thereon. This Agreement will be binding upon and will inure to the benefit of the parties to it and
their respective legal representatives, successors, and assigns. This Agreement shall not be
recorded in the real estate records of Pitkin County.
IN WITNESS WHEREOF,the parties hereto have executed this Temporary Construction
License Agreement on the day and year first above 4vritten.
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OWNERS-
,
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Alfre est, Jr.
LoacL \
Loralee West
LICENSEE:
WINGSTONE TOY COMPANY LLC
By:
(1—A2i 11-10P-it
Name: L O1 fftcc S'.
Title; . \Q, p
(A0153417--2) 2-