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ENCROACHMENT LICENSE
THIS AGREEMENT made and entered into this 6th day of
May , 1981 , by and between the
City of Aspen, Pitkin County, Colorado, hereinafter referred to as
"Aspen" and City Market, Inc.
hereinafter referred to as "Licensee ".
WHEREAS, Licensee is the (owner /lessee) of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Lots A -I, Block 106
WHEREAS, said property abuts the following described public
right(s) -of -way:
Original St.
Cooper St.
Spring St.
Designated Alley
WHEREAS, Licensee desires to encroach upon said right(s) -of-
way feet parallel and adjoining to the property
above described for the following purpose:
See Attachment "A:
WHEREAS, Aspen agrees to the grant of a private license of
encroachment subject to certain conditions.
THEREFORE, in consideration of the mutual agreement herein-
after contained, Aspen and Licensee covenant and agree as fol-
lows:
1. A private license is hereby granted to Licensee to
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 dis-
cretion 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 against personal injury and property
damage 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. 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 [its,
her, his, 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 [its, his, her, 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 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, his, her, their] heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By
Herman Edel
Mayor
ATTEST:
Kathryn S. Koch
City Cler
( - /1
i . !, /I
Licp .ee
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Attachment "A"
Encroachment description for Lots A -I, Block 106 - Aspen, Colorado
Original Street (includes the shed and a planter)
Beginning at the northeast property corner,
thence S 75 09' 11" E 8.8';
thence S 14 50' 49" W 76.1';
thence N 75 09' 11" W 8.8';
thence N 14° 50' 49" E 76.1'; to the point of beginning;
Cooper Avenue
Roof Overhang: Commencing at the northeast property corner,
thence N 75 09' 11" W 12.26';
to the point of beginning;
thence N 14 50' 49" E 8.45';
thence N 75 09' 11" W 120';
thence S 14° 50' 49" W 8.45';
thence S 75° 09' 11" W 120.0' to the point of beginning;
Planter
Commencing at the northeast property corner,
thence N 75 09' 11" W 167.0';
to the point of beginning;
thence N 14 50' 49" E 3';
thence N 75° 09' 11" W 103.1';
thence S 14° 50' 49" W 3';
thence S 75° 09' 11" E 103.1' to the point of beginning;
Spring Street (two planters)
Commencing at the northeast property corner,
thence N 75° 09' 11" W 270.1' to the point of beginning;
thence S 14° 50' 49" W 75';
thence N 75° 09' 11" W 7.5';
thence N 14 50' 49" E 24';
thence S 75° 09' 11" E 7.5';
thence N 14° 50' 49" E 22.4';
thence N 75° 09' 11" W 7.5';
thence N 14° 50' 49" E 31.6';
thence S 75° 09' 11" E 7.5';
thence S 14° 09' 11" W 3.0' to the point of beginning.