HomeMy WebLinkAboutencroachment.awning.Guido Meyer.437 E Cooper.1992 #342062 02/28/92 09:17 Rec $20. 00 D4::: 670 PG 468
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
ENCROACHMENT AGREEMENT
This agreement made and entered into this [(7 day of
: , 195_v -, by and between the CITY OF ASPEN, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and
Mr. Guido Meyer, 437 East Cooper, Aspen, CO 81611
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Block 90 Lot E, F, G, 10 feet of Lot H east
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Cooper Avenue Mall
WHEREAS, Licensee desires to encroach upon said right — of way(s)
See Exhibit "A"
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 herein-
after 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
condition. The awnings shall be cleared of snow by the licensee
after each snowfall. If snow removal on the mall has been
completed prior to awnings being cleared, the snow from the awnings
shall be removed by the licensee off of the mall. The licensee is
responsible for removal of ice on the mall caused by the awnings.
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hit-6 P8 469
Siivia Davie, PitFin Cnty Cler4, Doc $.00
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.'
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 be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licen-
see'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 en-
croachments 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 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 reason-
able attorney's fees.
#342062 02728/92 09:17 Rec $20,00 W140 FGA 470
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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.
CITY OF ASPEN COLORADO
By A 1i
F ank Peters, Mayor Pro Tem
ATTEST:
KATHRYN . KOCH, C erk `
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for Guido Me er - d et. 's�� ='Y • :n�ger)
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‘114.
STATE OF COLORADO )
ss.
County of Pitkin )
T e foregoi nstrument as acknow edged be rye m ss,
1 , day of 2+� ��� , 19 CI , by
Li ensee.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: (9
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.1 :Ilieu® CERTIFICATE OF INSURANCE ISSUE 1/23292
DUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Sterling Insurance Inc. POLICIES BELOW.
323 W. Main St. COMPANIES AFFORDING COVERAGE
Aspen, CO 81611
COMPANY A Seneca Insurance
LETTER
COMPANY B
INSURED LETTER
Meyer Management, Inc. COMPANY `.
LETTER
& Swiss Inn Limited Partnership
P.O. Box 1799 COMPANY
LETTER D
Aspen, CO 81612
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM /DD /YY) DATE (MWDD /YY)
GENERAL LIABILITY o o GENERAL AGGREGATE $ 1,000,
x COMMERCIAL GENERAL LIABILITY #SCC200404791 10/8/91 10�8/92 PRODUCTS- COMP /OP AGG. $ 1,000,
CLAIMS MADE x OCCUR. PERSONAL & ADV. INJURY $ 1,000,
OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,
FIRE DAMAGE (Any one fire) $ 50,
MED. EXPENSE (Any one person) $ F
AUTOMOBILE LIABILITY COMBINED SINGLE '
ANY AUTO LIMIT $
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY LIMITS
AND EACH ACCIDENT $
DISEASE — POLICY LIMIT $
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE $
OTHER
Pao o oP wat o S /Y D / D�L c i t y of Aspen 130 S. Galena, Aspen CO 81611 in Reg-
ards to: The existence, maintenance, repair,construction,erection or removal of
advertising signs, awnings,canopies,cellar entrances, coal holes,drivuways,man-
ERT FI ATE H•LDE` CAN ELLATION and sim exp0$Ltres
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY Shall
City of Aspen MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
130 S. Galena LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Aspen, CO 81611 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR! N IA JVE ,.. 4
\RD 25 -S (7/90) N., CACORD CORPORATION. 1990