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Home My WebLink Aboutresolution.council.002-87 ! i\{' I i- RESOLUTION NO. ,;J..-. (Series of 1987) A RESOLUTION APPROVING A REVOCABLE LICENSE TO USE PROPERTY BETWEEN THE CITY OF ASPEN AND JAMES PAVISHA, RECEIVER, DOING BUSINESS AS ASPEN HOSPITALITY SERVICES AND INCREASING THE AMOUNT OF LIMITATION ON JUDGMENTS SET FORTH IN SECTION 24-10-114, C.R.S., TO THE AMOUNT OF , FOR THE PURPOSE OF DEFENDING, INDEMNIFYING AND HOLDING THE RECEIVER, AND COMMERCE SAVINGS ASSOCIATION HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS OR LIABILITIES ARISING FROM THE NEGLIGENCE OF THE CITY IN OPERATING A PUBLIC PARKING LOT ON THE SUBJECT PROPERTY WHEREAS, City Council deems it in the best interest of the City of Aspen, its visitors and citizens, to approve that revocable license to use property between the City and Aspen Hospitality Services, annexed hereto, and in connection with the indemnification provision set forth in Paragraph "c" to increase the limitation on judgments prescribed in section 24-10-114 to the amount of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the revocable license to use property between the City of Aspen and James E. pavisha, Receiver, doing business as Aspen Hospitality Services, permitting the use of a portion of the Aspen Mountain Subdivision and Planned Unit Development shown on the plat thereof and referenced in the attached license, is hereby approved and the City Manager is hereby authorized to execute said revocable license on behalf of the City of Aspen. section 2 That in connection with the indemnity provision set forth in Paragraph 6 of the license, and pursuant to section 24-10-114(2), C.R.S., the City does hereby increase to the amount of the amount that may be recovered from the City for the type of injury for which the City has agreed to defend, indemnify and hold Receiver, the fee owner of the property and Commerce savings Association harmless from any and all claims arising out of the negligence of the City in operating the property for public parking. Dated: , 1987. william L. Stirling, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held .~/LA'C tfC7 '2~~' , 1987. Kathryn S. Koch, City Clerk REVOCABLE LICENSE TO USE PROPERTY THIS LICENSE is granted by James E. pavisha, Receiv- er, doing business as Aspen Hospitality Services ("Receiver"), to the City of Aspen ("City"), with reference to the following: RECITALS 1. Purs\.1ant to the Order of the Pitkin CO\.1nty District Court entered in proceedings styled In the Matter of the Application of Commerce Savings Association for an Order Authorizing the Public Trustee of the County of Pitkin, State of Colorado, to Sell Certain Real Estate Under a Power of Sale Contained in a Deed of Trust, Civil Action No. 86CV42 ("Fore- closure Proceedings"), Receiver is the court appointed receiver of, among other properties, the real property described on Exhibit "A" hereto annexed ("Property") with the authority in respect thereof to " * * * do anything necessary to preserve, maintain, lease, manage and operate * * * " the same. 2. The Property forms a part of the Aspen Mountain Subdivision and Planned Unit Development as shown on the plat thereof recorded in Plat Book 17 at Page 99, et ~., and according to the Planned Unit Development and Subdivision Agreement therefor recorded in Book 500 at Pages 656, et ~., and as such is to be utilized in connection with the develop- ment of a m\.11ti-room hotel upon the completion of the Foreclo- sure Proceedings. 3. The Property has in the past been \.1tilized on an informal basis and wi tho\.1t the formal approval thereof or consent thereto having ever been given by Receiver, or his predecessors, as a parking area for the public at large. 4. Recei ver had recently determined and had so advised City that it was, in his estimation, advisable to secure the Property and to prevent members of the public at large from utilizing it for parking. 5. City has expressed an interest in maintaining and has requested that the Property be maintained for public parking purposes on an interim short-term basis in order to help alleviate the ever-present problem of offstreet parking in the City and, upon the terms and conditions herein set forth, Receiver is willing to accommodate City's request. WIT N E SSE T H: NOW, THEREFORE, in consideration of the mut\.1al covenants and \.1pon the terms and conditions herein contained, Receiver hereby grants \.1nto City the revocable right and q _____.=1_ __.=:r___ __..... _____....1 I.."""",,;,.;of-"" ,'t"\~'l.'''''':lI,"'''Q nnt,r,,\T nr nnl1~Tes license to \.1se the Property for the p\.1rposes of p\.1blic off- street parking; provided that: A. City will at its cost and expense do and \.1nder- take all that in the circumstances may be necessary (i) to render the Property sui table for safe, convenient public parking, including without limitation grading, snow plowing, the installation of necessary snow fencing, securing any unsafe areas on the Property from public (including vehicular and pedestrian) access, and the like; and (ii) to administer the Property and the orderly use thereof by the public at large in a manner consistent, at a minimum, with the administration of the City owned public parking facilities on the Rio Grande property, incl\.1ding without limitation the posting of signage, the towing of vehicles, the promulgation and enforcement of customary rules and regulations governing the public's use of the Property and the adoption and implementation of incidental security measures against vandalism and personal injury; B. The Property will be accessed by the p\.1blic only from Mill and Monarch Streets and at such access points thereon to be agreed \.1pon between City and Receiver; C. Ci ty shall save, defend, indemnify and hold , Receiver, the fee owner of the Property and Commerce Savings , Association absolutely harmless and blameless from and against ! any and all claims, demands, liabilities or obligations of any kind or nature, regardless of how well-founded and by whomso- ever asserted occasioned by or resulting or emanating in any manner from the negligence of the City in operating the Prop- erty for public parking, including claims for personal injury, property damage, or otherwise, or for any other claims for damages to person or property to which Receiver, Commerce ! Savings Association or the fee owner of the Property may be held to account by reason of any imputed responsibility or vicarious liability not involving their own active wrongdoing. Additionally, City shall include Receiver, the fee owner of the Property and Commerce Savings Association as additional in- sureds under any general liability insurance policy or policies that it now or at any time during the term of this License to Use maintains. City shall during the term of this License to Use maintain in full force and effect a general liability I' insurance policy (ies) with coverages equal to the amo\.1nt set forth in Section 24-10-114, C.R.S., as amended. D. This License to Use may, by Receiver, be revoked at any time, and if not sooner revoked will be deemed automat- ically revoked upon the sooner to occur of the termination of Receiver's appointment as receiver and the performance of his -2- duties as such, the sale of the Property to any third party or the res\.1mption of control of the Property by its fee owner. IN WITNESS WHEREOF, this License to Use has been granted by Receiver and, by its signature below, the terms and conditions hereof have been accepted by the City of Aspen as of the day of , 1986. JAMES E. PAVISHA, RECEIVER, d/b/a ASPEN HOSPITALITY SERVICES THE CITY OF ASPEN ATTEST: City Clerk Mayor STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing this day of RECEIVER, d/b/ a ASPEN pavisha, Receiver. instrument was acknowledged before me , 1986, by JAMES E. PAVISHA, HOSPITALITY SERVICES, by James E. WITNESS my hand and official seal. My commission expires: ( SEAL) Notary Public STATE OF COLORADO COUNTY OF PITKIN The foregoing this day of as Mayor and by City of Aspen. instrument was acknowledged before me , 1986, by as City Clerk of the WITNESS my hand and official seal. My commission expires: ( SEAL) Notary Public rwh22.64 -3-