HomeMy WebLinkAboutAppendix C. Exhibit 6 DRAFT Revocable Encroachment License Hill Street ROWDRAFT 2/18/20
REVOCABLE
ENCROACHMENT LIC E N S E AGREEMENT
THIS REVOCABLE ENCROACHMENT LICENSE AGREEMENT (the
“Agreement”) is made and entered into effective as of the ____ day of
______________, 202___, by and between the CITY OF ASPEN , a Colorado h ome
r ule m unic i palit y (the “City ”) and NORWAY ISLAND LLC , a Del aware limited
liability company (“Norway Island ”), whose address is Post Office Box 12393, Aspen
Colorado 81612 .
R E C I T A L S :
A.The City owns and holds title to the Hill S t reet right of way (the “H ill
Street Rig ht of Way ”) shown and described in the Gorsuch Haus Subdivi sion/PD Final
P l at, recorded on _______________ in Plat Book _____ at Page ____ at Reception No .
______________, in the real p r operty records of Pitkin County , State of Colorado (the
“Gorsuch Haus P l at”).
B.Norway Island owns Lot 1, Gor such Haus Subdivision/PD according to
the Gorsuch Haus Plat (the “Norway Is l a nd Property”).
C.Aspen Skiing Company, a Delawar e limited liability company (“ASC ”),
owns Lot 2 of the Gorsuch Haus Subdivi sion/PD according to the Gorsuch Haus Plat
(the “ASC Property”).
D.A ski access and ski opera tions easement (the “Ski Easement”) burdens
the Hill Street Right of Way and benefits ASC and the ASC Property . The terms and
conditions of the Ski Easement are def ined in the Ski Access Easement rec orded at
Reception No. ____________ of the real p r operty records of Pitkin County , State of
Colorado.
E.Norway Island has requested from the City permission to encroach into
port i ons of the Hill Street Right of Way for t he purposes of c ons tructing landscaping
improvements, as generally depicted on Exhibit “A” attached hereto and made a part
hereof.
F.Pursuant to Ordinance 39, Series of 201 6, the City has agr eed to permit
the landscaping encroachments to exist within port i ons of th e Hill Str eet Right of Way ,
subject to the terms and conditions of this Agreement.
NOW THEREFORE, in consideration of the mutual convenants herein
contained, th e parties agree as follows:
Appendix C. Exhibit 6
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1. Encroachment Permission . The City hereby grants Norway Island a
non-exclusive lic e nse to install, construct , maintain, repair and replace certain
landscaping and building improvements (the “Landscaping Encr o a chments ”) that shall
encroach no more than a maximum of ____ feet (___’) into the westernmost portion of
the t wenty foot (2 0’) width of the Hill Street Right of Way . The Lan dscaping
E ncroachments shall consist of a retaining wall, har d scaping, pedestrian lighting,
pedestrian benches and landscaping as shown and depicted on Exhibit “A” attached
hereto. The legal descripti on of th e area within which the Landscaping E ncroachments
are permitted to exist (the “Encroachment Area”) is set forth on Exhibit “B” attached
hereto. Norway Island, at Norway Isl and ’s sole cost and expense, shall maintain and
care for th e Landscaping En cro a chme nts constructed within the Encroachment Area.
2. Mainten ance and Upkeep of Landscaping Improvements . Norway
Island, at Norway I slands ’ sole cost and expense shall be responsible for all watering,
care and maintenance of the plantin gs in the Encr o a chment Are a . Norwa y Island does
hereby guaranty completion and the continued high -quality maintenance of all
Landscaping Encr o a chments, including plantings within the Enc r oachment Area . Such
maintenance activit i es shal l be to standard s com mensurate with o ther simil arly situated
and constructed public amenities located with in City of Aspen street rights of way that
are licensed to and maintained by private parties under revocable encroachment
lice nses .
3. City ’s Reserved Right to Terminate L icense . The City reser ves the
right to terminate this Agreement , in whole or in part, if the Lan dscaping
Encr o a chments are removed or rel ocated, or if Norway Is l a nd consistently fai ls to
maintain the Landscaping Encr o a chments to the standards described in the prec e ding
parag rap h .
4. Covenants Running with the Land . This Agreement constitutes
covenants which benefit and burden the Hill Street Right of Way and the Norway I sland
Property. These covenants shall be binding upon any party having any right, tit le, or
interest in and t o the properties benefited and burdened hereby, and shall be binding
upon the City, Norway Island and their respective successors and assigns.
5. Enforcement . This Agreement shall be recorded in the real
property records of Pitkin County, Colorado and shall be subject to and construed in
accordance with the laws of the State of Colorado. In the event any litigation is brought
to enforce the terms or provisions of this Agreement, the prevailing party shall be
entitled to receive an award of its rea sonable at torneys ’ fees and costs.
6. Amendment . This Agreement and the covenants herein may only
be changed, modified, or amended by written instrument signed by the record owners of
the Hill Street Right of Wa y and the Norway Island Pro perty .
IN WITNES S WHEREOF , t he parties have executed this Agreement effective
as of the day and year first above written.
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CITY OF ASPEN:
CITY OF ASPEN,
a Colorado home rule municipalit y
By:
City Manager
Approved as to Form:
_____________________
City Attorne y
STATE OF C OLORADO }
} ss.
COUNTY OF PITKIN }
The foregoing Revocable Encr o a chment License was executed before me this
____ day of ______________, 20___, by _________________________ as City
Manager on behalf of the City of As pen.
WITNESS my hand and of ficial seal
My commissio n expires: _________
Notary Public
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NORWAY ISLAND:
N ORWAY I SLAND LL C , a Del a ware limited li ability company
By:
Manager
STATE OF COLORADO }
} ss.
COUNTY OF PITKIN )
The foregoing R evo cabl e L ice n se A greement was executed before me this ____
day of ______________, 20__, by ______________________ as Man a ger of Norway
Island LLC.
WITNESS my hand and official seal
My commission expires: _________
Notary Public
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EXHBIT “A ”
DESC RIPTION OF LAN DSCAPING ENCR O A CHMENTS
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EXHIBIT “B ”
LEGAL DESCRIPTION OF ENCROACHMENT AREA
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