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367790 E -744 P- 180 03/11/94 01 :09F' PG 1 OF 4 REC DOC 30 t,
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 20.00
ENCROACHMENT AGREEMENT
This Agreement made and entered into this 29th day of October, 1993, by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as
"Aspen" and River Park Condominium Association and Jaelly, Inc., Aspen, Colorado
8 6hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described properties located in the
City of Aspen, Pitkin County, Colorado:
Lots 1 -5, Block 21
700 East Main Street
Aspen, Colorado 51611
WHEREAS, said properties abut the following described public right(s) -of -way:
North Spring Street and Main Street - see EXHIBIT "A"
WHEREAS, Licensee desires to encroach upon said right(s) -of way:
A mail kiosk located on North Spring Street
WHEREAS, Section 19 -5 delegates the authority to the City Engineer to grant
encroachment licenses;
WHEREAS, Aspen agrees to the grant of a private license of encroachment as built
subject to certain conditions.
THEREFORE, in consideration of the mutual agreement 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 Engineer of the City of Aspen.
3. This license shall be subordinate to the right of Aspen to use said area for any
public purposes.
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.
The Licensee shall obtain permits from the City Streets Department for any work to be
performed in the public right -of -way with design approvals for such work obtained from
the City Parks and Engineering Departments as appropriate.
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., (currently $150,000 per person and $600,000 per occurrence) as may be amended
from time to 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.'
The Licensee shall show proof of this insurance to the City before this agreement is filed.
6. Licensee shall save, defend and hold 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 he terminated by Licensee at any tune and for any reason on
thirty (30) days written notice of Licensee's intent to cancel. This license may be
terminated by Aspen at any time and for any reason. Upon termination Licensee shall,
at Licensee's expense, remove any improvements or encroachments from said property.
The property shall he restored to a condition satisfactory to Aspen. It is anticipated that
the stone pillars may he required to be removed at such time as sidewalks are installed
on the west side of Midland Avenue.
8. This license is subject to all state laws, the provisions of the Charter of the City of
Aspen as it now exists or may hereafter he amended, and the ordinances of the City of
Aspen now in effect or those which may hereafter be adopted.
9. Nothing herein shall he construed so as to prevent Aspen from granting 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, their heirs,
successors and assigns.
11. In any legal action to enforce the provisions of this Agreement, the prevailing
party shall he entitled to its reasonable attorney's fees.
367790 8 -744 P-181 03/11/94 01:09P PG 2 OF 4
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12. If the structure for which this license was issued is removed for any reason,
Licensee may not rebuild in the same location without obtaining another encroachment
license prior to building. No existing encroachment shall be enlarged without obtaining
an additional license prior to construction.
13. The licensee waives any and all claims against the City of Aspen for loss or
damage to the improvements constructed within the encroachment area.
IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and
year first written.
CIT�Q� % COLORADO By I ,11
G,.••' �� ._ f y `, ����p Engineer
4 . KA THRY S. KOCH, City Clerk
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Bien ,,,a '' ` o / • elr-- f J If /e'/ `7 3
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STATE OF COLORADO )
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County of Pitkin )
The foregoing instrument was acknowledged ,before me tins ,
Li r `.
d day of el,n„ t . �
, 199Y, by ,n.r2 /. L (Licensee). r4 1, -
'b o P L/ 3Ot. o
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WITNESS MY HAND AND OFFICIAL SEAL. '+:, °�`,� ' •....•• �(.3. /`
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My Commission expires � �� '"":1 „ ° ,,,•'^' ''
My commission expires: 1212311997 FA/h t t . C CY�i
Notary Public
&Va PaAleteYte 1 VI.
Address P 1. ' ', • C �42-3 -
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367790 B -744 P -182 03/11/94 01 :09P P6 3 OF 4
EXHIBIT "A " r' -`
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