HomeMy WebLinkAboutcoa.lu.ex.Hannah Dustin Block 105
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THIS AGREEMENT made and entered into a~f ~h~ 25thCD
day of September, 1984, by and between the CITY OF ASPEN,
Pitkin County, Colorado, hereinafter referred to as "Aspen"
and HANNAH DUSTIN BUILDING ASSOCIATES, a joint venture,
hereinafter referred to as "Licensee".
AGREEMENT
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WHEREAS,
described property
County, Colorado:
Licensee
located
is the
in the
owner
City
of the following
of Aspen, Pitkin
Lots A, B, C and D, Block 105, City of Aspen,
Pitkin County, Colorado,
WHEREAS, said property abuts the following de-
scribed public right-of-way(s):
South Spring Street
WHEREAS, Licensee desires his building to encroach
upon said right-of-way(s) .64 feet parallel and adjacent to
the property above described.
WHEREAS, Aspen agrees to the grant of a private
license of encroachment as built subject to certain con-
ditions.
THEREFORE, in consideration of the mutual agree-
ment 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 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 public right-of-way, 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 for the benefit of
the City with limits of not less than those specified by
Section 24-10-114, C.R.S., as may be amended from time to
BlJOK 496 PAGE372
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 cancelled 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.'
6. Licensee shall hold Aspen whole and 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 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 their 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 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.
9. 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.
10. The conditions hereof imposed on the
license of encroachment shall constitute covenants
with the land, and binding upon Licensee, their
successors and assigns.
granted
running
heirs,
11. In any legal action to enforce the provisions
of this Agreement, the prevailing party shall be entitled to
his reasonable attorneys' fees.
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BOOK 496 PAGE373
IN WITNESS WHEREOF, the parties executed this
agreement at Aspen the day and year first written.
CITY OF ASPEN, COLORADO
BY~
BILL STIRLING, Mayor
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HJU{NAH DUSTIN BUILDING ASSOCIATES,
a joint venture
STATE OF COLORADO
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GEORGEAY
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COUNTY OF PITKIN
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". " '. The forego~n~ in,stfument was acknowledged before
me tftiS-;}:J day of~~ 1984 by WILLIAM L. STIRLING,
May'o~, ....!J.... the Ci ty of Aspen, Colorado, a municipal
corp~~tiok and home-rule city.
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(ACKNOWLEDGEMENTS CONTINUE ON FOLLOWING PAGE)
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BOOK 496 PAGE 374
STATE OF COLORADO)
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COUNTY OF PITKIN )
ThE;: foregoing instrument was acknowledged before
me this irbUl day of C'C-!c1:{.\/ ,19 ,A. ,by GEORGE A.
VICENZI as joint venturer of WUlNAH DUSTIN BUILDING ASSOCIATES, a joint venture.
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STATE OF \Jo....J~ ~<- )
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COUNTY OF I\\.ll'IM'"~ )
me this
venturer
J'he foregoing instrument was acknowledged before
q - day of Ck.k,.(~, 1984 by ALAN J. GOLDSTEIN as joint
of HA.~AH DUSTIN BUILDING ASSOCIATES, a joint venture.
WITNESS my hand and official seal. ...;\\~ ..",
My commission expires: 1'A~"?>C)\~~~"""<i>, '-::::. ~~~'~
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Address: 2.3 ~1.': 5:---"';"} "." ,
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LINDA M. YEOIoIAN~
Not.ry Pul:Ji.c ir; the State ai New York
MONROE COUIITY 9:",
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SUBDIVISION AGREEMENT
l'/HEREJI_S, HANNAH DUSTIN BUILDING ASSOCIATES, a joint venture
(hereinafter referred to as "Owner"), is the Owner of a parcel of
land located in the City of Aspen, Pitkin County, Colorado, and
more particularly described as Lots A, B, C and D, Block 105,
Cit.y of Aspen, Pitkin County, ColorAdo, on which there is
situated an office building and A-Frame; and,
WhEREAS, Owner has requested an exception from the full sub-
division process for the purpose of subdividing the existing
office building through condominiumization; and,
WHEREAS, Owner has submitted a condominium/subdivision plat
to City, incorporated herein as Exhibit "A" which the CHy Council
desires to approve subject to the terms and conditions of this
agreement.
NOW, THEREFORE, the City COllncil of the City of Aspen, Coh;-
~adc, ~0~S hereby grant an e~c~ptl~~ from th~ f~:ll 511bdivi~io~
process and grant subd iv is ion approval expressly subj ect to and
cont ing ent upon ful f illment of the f01lowi ng terms and cond i tions
agreed to by Owner and Owner's successors, heirs and assigns:
1. Owner shall secure and record a License Agreement for
the intrusIon of the building into the South Spring Street right-
of-w3.Y prior to the conveyance of any condominium unit.
2. Owner shall construct a five-foot (5') wide by four inch
(4") thick concrete sidewalk adjacent to the East Hyman Avenue
property line prior to the conveyance of any condominium unIt.
3. Owner shall comply with the following Life, Health and
Safety requirements prior to the conveyance of any condominium
uni t.
a. A one-hollr fire door must separate the basement
from the remainder of the building.
b.
completed.
The one-hour construction of the basement must be
c.
The exit doors in the atrium area must be labeled.
d.
The missing fire hoses must be replaced.
e.
Hand rails must be provided on all stairways.
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f. Owner will add a three foot (3') by six foot eight
inch (6'8") exit door to the north space on the ground floor.
4. Owner agrees to provide the following health and safety
improvements for the residential building prior to the conveyance
of any condominium unit.
a. Provide the required clearance for the wood stove
chimney.
b. Provide one stairway which meets Code require-
ments.
c. Enclose a gas flue which is exposed on the interior
of the building.
d. Provide required number of smoke detectors.
e. Make the electrical panel accessible by removing
the shelf.
f. Provide the lower bedroom with an egress window
with a minimum area of;S.75 square feet, a minimum width of 20
inches, a minimum height of 24 inches and a maximum height for the
sill of 44 inches.
5. With respect to the residential building, Owner does
hereby covenant with the City that:
a. Any rental and/or sale shall comply with the
requirements of Sections 20-22(a) and (b) of the Municipal Code of
the City of Aspen.
b. The front loft shall not be used for sleeping pur-
poses.
6. Owner does hereby covenant with the City that the rental
and sale of the A-frame located on the property and designated on
the plat as the residential building shall be restricted in terms
of its use and occupancy to rental and occupancy guidelines estab-
lished by the City Council for moderate income employee housing
for the next five (5) years. It is the understanding of the par-
ties that the current tenant shall be allowed to stay in resi-
dency. In the event a new tenant seeks to occupy the premises
then this tenant can be selected by Owner provided the tenant is a
qualified employee as determined by the City Councilor its desig-
nee. :Qual ified employee as used herein shall mean any person
residing and employed in the City of Aspen or Pitkin County an
average of thirty (30) hours per week, nine (9) months out of a
twelve (12) month period who shall meet the moderate income and
occupancy eligibility requirements generally established and
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lIDeK 496 !'A1If411
applied by the City with respect to employee housing.
verification of employment of those persons living in the
employee units shall be completed and filed with the City
Councilor its designee by the owner of the unit. This
employee restriction shall run with the land and shall be
valid for five (5) years from the date of the recordation of
the plat.
7. In the event that any municipal improvement or
improvements of a kind contemplated in Section 20-16 of the
Municipal Code of the City of Aspen, as amended, become in
the sole judgment or discretion of the City Council of the
City of Aspen necessary or desirable to the area of the
above-described property. Owner will make no unreasonable
objection to any special assessments or special tax or
proceeding therefor on the basis that the property is
adequately served by existing improvements and/or on the
basis that the premises will not be served or benefited by
the improvement or improvements proposed. Owner further
agrees to join upon the demand therefor by the City any
Special Improvement District, Urban Renewal District formed
for construction of such improvements (including without
limitation signage, drainage, underground utilities, paved
streets and alleys, planting, curbs, gutters, sidewalks,
street lights, traffic circulation, trails, recreation
facilities, open space lands, public transportation,
facilities, parking, etc.) in the area of the above-described
property or to reimburese the City of Aspen directly upon
demand therefor if the City should choose to construct these
improvements without the formation of such a district.
IN WITNESS WHEREOF the parties hereto have hereunder
executed their hands and seals on the date and year indicated
in full understanding and agreement to the terms and
conditions herein contained.
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Dated this )../()
day of4l4\cu r
, 1985.
CITY OF ASPEN, COLORADO,
a ~lo~o Municipal orporation
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William L.
ATTEST:
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OWNER:
HANNAH DUSTIN BUILDING ASSOCIATES,
a joint
BY......../4:<: ,/
George . ice i, j nt venturer
ByfA~;(~:f:/i~~.J:r~~~P .
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BflOK !496PA6E412
STATE OF COLORADO)
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COUNTY OF PITKIN )
ss.
.") The foregoing instrument was acknowledged before me
this ~ day of O:,-oP.:.d2- ,1985, by WILLIAM L. STIRLING as
Mayor, and KATHRYN S. KOCH as City Clerk of the City of Aspen,
Colorado.
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WITNESS my hand and official seal.
My Commission expires: 'S-,C\-&?
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Notary Public .
STATE OF COLORADO
COUNTY OF PITKIN
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The foregoing instrument was acknowledged before me
day of 1f~t.Jt' ,1985 by GEORG~.VICENZI, as joint
and as at orney-in-fact for ALAN J. GOLDSTEIN, a joint
WITNESS my hand and official seal.
My commission expires: 5-'/.;7-
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Notary Public
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Paul J. Taddunj, City Attorney
Dated:
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, 1985
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PLAT RECORDING INFORMATION
LORETT,\ BAHNER
PITKIN CTY. RECORDER
RECEPTION NO: 27/ q('o or
RECORDING DATE: 10/2-/ t:t 5"
BOOK: ~ 1 PAGE: 7 g ~ g L
DOCUMENT TYPE: PIC{ r-
PLAT NAME: I-f4.Vlnct..h Ousl--,':; (1vtJOYhtYJII<vY]
GRANTOR: JJ)ttn ~ Go Ictd- <:1. ~ ffi-/V/V~ ;?)f./,y/)/V 231q. ,As-~.
GRANTEE: War) t')tJt..h D1.t.sh ~ C1VLdornt n t!Ai(Y\
PROPERTY DECRIPTIONS: Lo fs If fS C 'f- 0 rf/oc/c It!;
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Cr ~ ~r rts~en
OCT 2 2 5D PI~ '85
TIME:
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FEE: