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HomeMy WebLinkAboutcoa.en.Comanche Land & Cattle.1985 w cc xe BOOK 484 PAGE 915 Rr Xa es aW m K z� N cc = cm AGREEMENT CQ S AGREEMENT made and entered into this I( day of Mart'.'h, 985, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and COMANCHE LAND & CATTLE CO., hereinafter refereed to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots K, L, and M, Block 41, City and Townsite of Aspen, Pitkin County, Colorado, WHEREAS, said property abuts the following described public right- of- way(s): Alley No. 42 between Francis /Smuggler Streets and 2nd & 3rd Streets, as shown on Willits Map of the City of Aspen WHEREAS, Licensee desires his pre- existing improvements (wood shed and unenclosed car port) to encroach and remain upon said right -of -way adjacent to the property above described. 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 Council of the City of Aspen in accordance with paragraph 7. 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 portion of public right -of -way encroached upon, 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. • BOOK 484 PAGE 916 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of no less than those specified by Section 24 -10 -114, C.R.S., 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.' 6. Licensee shall hold Aspen whole and harmless against any and all claims for damages, costs and expenses 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 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 be entitled to his reasonable attorneys' fees. - 2 - . BOON 484 PAGE e7I 1 IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By ' BILL STIRLING, Mayor ATTEST: )2/6 / i0,44 i Kathryn S Koch, City Clerk COMANCHE LAND & CATTLE CO., Licensee �fi��r, . ,:�� , 1 iM : %1"i :' :• :a , nco n, Assistant David C. Wilhelm, Vice • °'`: e D President . 1 S TtRer, COLORADO ) ss. COUNTY OF PITKIN ) The fore oing instrument was acknowledged before me this / 'day of , ,, 1985 by WILLIAM L. STIRLING, Mayor of the City of A e en, Colorado, a municipal corporation and home -rule city. WITNESS my hand and official seal. ° .$11k5, � My commission expires: 'P I�B \NG o Notary Pu =; � � 7 T ......... • 0 Address: 130 50.-cry afb -€'R OF ASPci, QO $1(011 STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this /r day ofcecn,/ , 1985 by DONALD E. LINCOLN, as - 3 - BOON 484 PAGE918 • Assistant Secretary and DAVID C. WILHELM, as Vice President of Comanche Land & Cattle Co. WITNESS my hand and official seal. My commission expires: y/3/F- ,., /A Notary Public" A. pt / k Yt� ARP Address: :_572 °S C`- 7 x � • + . - :r r . r d - ,.w - e7, a, 7 oaa i. z (} Q u o - 4 -