Loading...
HomeMy WebLinkAboutcoa.en.Aspen Grove Assoc.1982 , Eoos443 nu 963E h.) Ss 'O ° r ^J ti - o C'V � m j ENCROACHMENT LICENSE AGREEMENT , Ica OD ri> C) o a. rn 0 Xi THIS AGREEMENT made and entered into this 0 46- rAay of �L 7yl/,�fi , 1982, by and between the City of Aspen, Colorado, a municipal corporation and home -rule city, (hereinafter referred to as "Aspen ") and Aspen Grove Associates, a Colorado Partnership (hereinafter referred to as "Licensees "). WHEREAS, Licensees represent that they are the record title owners of the following- described property (commonly known as the Aspen Grove Building) located in the City of Aspen, Pitkin County, Colorado: The east 22.5 feet of Lot C and all of Lots D, E, F, and the west 25 feet of Lot G, Block 96 Original Aspen Townsite Aspen, Pitkin County, Colorado also known as 517 -527 East Cooper Avenue. WHEREAS, said property abuts the following- described public right -of -way: "East Cooper Avenue" WHEREAS, Licensees desire to encroach upon said right -of -way, 5 feet, 1 3/4 inches, said encroachment being more particularly described as follows and adjacent to the property described above: See Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Licensees desire to encroach upon said right -of -way for the purpose of installing and maintaining two canopies over the exterior stairways of the Aspen Grove Building, as shown on Exhibit "A ". WHEREAS, Aspen agrees to the grant of a private non - exclusive license of encroachment pursuant to Section 19 -5 of the Aspen Municipal Code, as amended, and subject to certain conditions. THEREFORE, in consideration of the mutual agreement herein- after contained, Aspen and Licensees covenant and agree as fol- lows: tO 443 fin 964. 1. A private revocable non - exclusive encroachment license is hereby granted to Licensees to occupy, maintain and utilize the above- described portion of public right -of -way for the sole pur- pose described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole and absolute discretion of the City Council of the City of Aspen, as further provided below. 3. This license is made subordinate to the right of Aspen to use said area for any public purpose or to grant further non- exclusive non - interferring licenses therein. 4. Licensees are responsible for the maintenance and repair of said encroachment, together with improvements constructed therein, according to normal business maintenance standards or those that Aspen, in the exercise of its discretion, shall deter- mine to be necessary to keep the same in a safe and clean condi- tion. 5. Licensees shall at all times during the term hereof, carry sufficient public liability insurance on the licensed pro- perty against personal injury and property damage naming Aspen as a co- insured and protecting Aspen against any and all claims as a result of or arising out of the use and maintenance by Licensee of said property. 6. Licensees shall and hereby do agree to indemnify and hold Aspen whole and harmless against any and all claims for all damages, costs and expenses, including attorneys' fees, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensees, or from any act or omission of any representative, agent, customer and /or employee of Licensees. 7. This license may be terminated by Licensees at any time and for any reason on thirty (30) days' written notice of its intent to terminate. This license may be terminated by Aspen at any time and for any reason by resolution of the City Council of 2 443 4%5960 the City of Aspen. Upon termination, Licensees shall promptly, at their expense, remove any improvements or encroachments from said property and restore it to a condition satisfactory to Aspen. 8. This license is subject to all state law, 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 granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, its successors and assigns. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. E CITY 1 ASPEN, COLORADO A. n / By A / ITT • \ ",{ CF ( 'Susan E. Michael, Mayor Pro Tem /ATTEST: • S IL L : ! / Ka hry1StPoch, City Clerk LICENSEE: ASP N GROVE ' SO 1ATES By l�l �� 1 if STATE OF COLORADO ) ss. County of Pitkin The foregoing Encroachment License Agreement was acknowledged before me this day of £9 ('P,,.,,.Q),Q ) , 1982, by Aspen Grove Associates, by its qkNI A(1Q 4) C1J 114Jz.2 3 • e:u ux443 WE WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 7 9-l0 ?CO °J UM-Lk a C- • 4 ) i% Notary Public V 6o kii-rnanc n_ Address C / ��� 4 tuu,443 PAGE 967 • 44 (! - ?/ ‘ r .J . I • m W N q\ xm - n om . 4� z . l� O - - � - (''I � .i I i O` Z 1 - i L • I ' riA k� m � ^ • <3 ;: . . _ - a --I [7) . • -- -- - i L 7 t I • • -- - i l -- . .-...._.------ - - i • • EXHIBIT "A" (Three pages) • . .. toup(443 PAGE 968 \ 4— -t- - i . 1 . ....,_ . . it ....., 11!;111.11. . .,. 1111...111, ,. . . . , , _. _ . _ i . ,...n , . Tr° ! I , 6 1 1 I 11 r 1 1 1 1 1 k O i, - M T -• s A '' • r m 4' —I ift & fl 4 < q 1 - --. _ > 1 r .? I ll —I 1 1 ft , u la " t ..., .. ...... 1 1 . , . • I. • 1 i 1 ,: , • i 1 , i• :: , i.1 ,, ., L, • : Z i 1 ti 1, • .1 ,.11.1! ' 1 ' ••• : ... . . • I , ! . .,..., • ' .1 . . ... . 1 9 1 . • -- t W, • . )3uud443 ?ACE969 .. I + l 1 ; I .I • lilt 1 . ,I 1 N9&E .OP. ENN /N6 • I j, 54/ ` - � . • — r • .:_ SIDE ELEVATION lis - -- --., . • .� - _ _ . y. 1. 3 - • 7 e• 1 1 • I