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HomeMy WebLinkAboutcoa.ex.B.P.O.E. Weber block-elks bldg. Blk 94, Lot K-M • C._ r BOON 51_4 PPTE3 JO 0 m V W :ten CO N o Q� m ENCROACHMENT AGREEMENT -o m m rn CO on s This agreement made and entered into this in day of July , 19 86 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Anthony Scheer, Trustee for the Elks hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Elks Building, Aspen City Block 94, Lots K,L,M City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): Galena Street & Hyman Ave sidewalk right -of -ways WHEREAS, Licensee desires to encroach upon said right -of way(s) See enclosed plat describing two stairways, two sidewalk- grates, one canopy 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. 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 BC^N 514 r4GF354 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 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 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 be terminated by Licensee at any time 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 by resolution duly passed by the City Council of the City of Aspen. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. S. 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 be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be 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 be entitled to its reasonable attorney's fees. 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. ecru 514 P %%_ 355 IN WITNESS WHEREOF,the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO By, BILL S IRLING, May , ST:'S a KA..HRYN S. OCH, City Clerk roi a °' :i ,,,, l ic i / LI,oen e S,p LLc e ( STATE OF COLORADO ) ss. County of Pitkin ) The foregoing„i »strument was acknowledged be, i m-. A g s /0 day of (W/tei , 19 110 , by inoiirsirie./-_i.i.t Licensee. AT-. 4 , WITNESS MY HAND AND OFFICIAL SEAL. 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Co. ° 4 - !•AL6 N A5/ay G>_ -) (SS) °" ✓ :S-ir{aL 6l III • I To: Mayor and Council Thru: Ron Mitchell From: Elyse Elliott, Engineering Department Subject: Encroachment License for Esprit Date: May 1, 1986 Summary: It is recommended that Council approve issuance of an Encroachment License for the existing historic encroachments at the Elk's Building. Discussion: Esprit is in the process of renovating the Elk's Building and is proposing to upgrade the existing encroachments. City policy dictates that an Encroachment License be granted prior to any improvements made on existing encroachments. The historic encroachments are shown on Attachment A and consist of: 1. A stairway on the Galena Street sidewalk. This will be brought up to UBC requirements and have snow -melt and railing added. This serves as the entrance to the Galena Street Restaur- ant. 2. A canopy covering the stairs. This is made of glass with steel frames and is smaller that the existing canopy. 3. Two grates on the Hyman Avenue sidewalk. These are needed for exhaust and ventilation for the restaurant. They are flush with the sidewalk. 4. A stairway on the Hyman Avenue sidewalk. This will also be brought up to code and have railings added. This is the fire escape for the restaurant. The contractor has removed the plywood encroachments and will also reconstruct portions of the sidewalks. All these improvements will greatly enhance the appearance of the building and reduce the area of the present encroachments. All City referral depart- ments, the CCLC and the HPC are in favor of issuing Esprit an Encroachment License. Proposed Motion: I move to grant Esprit an Encroachment License for the proposed improvements on the existing encroachments. C (9 n55t -5 I ! 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