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HomeMy WebLinkAboutcoa.en.Main Street Bakery.201 E Main.1992 tt3410 02/07/92 15 :35 Rec $20.0j0, 668 PG 937 Silvia Davis, P'itkj n Cnty Clerk, Doc $,O ENCROACHMENT AGREEMENT This agreement made and entered into this ;r7 day of 19 4 7,?, by and between the CITY OF ASPEN, Pitkin County, Color o, hereinafter referred to as "Aspen" and William J. P. Dinsmore hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): South side of Main Street and East side of Aspen Street WHEREAS, Licensee desires to encroach upon said right -of way(s) See attached 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 of installing an energy saving, air -lock structure during the months of November through April, or less, with final plans to be approved by the Historical Preservation Committee, the City Engineer, and the Building Department. 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. # 44o 02/07/92 15:35 Rec $2y k: o P 668 PG 938 Silvia Davis, Pit4::in Cnty Cle 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. `#341440 02/07/92 15:35 Rec`:�0.00 BK 668 P6 939 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 4 By ( John nnett, Mayor ATTEST: T JAI ( KOC H City Clerk ' /C " 7Z /L 6 W// n-o -PTIb6s uaiti. Licensee STATE OF COLORADO ) ss. County of Pitkin ) ? ache foregoing n trument was acknow1ellged befor- me th,s' day of - //Way_ 19 , icensee. WITNESS MY HAND AND OFFICIAL SEAL. >> 317 My commission expires: 0 1 1 0 0 d`- No.ary Publi V ' . • nib w Ad s sp/6/91/ ENCRAGREEMENT.KEEP • . i 1 v J MAIN STREET C U R B £ C, ER i LA 1 ENCROACHMENT •' _ rJ I D E w A L j 10.35' - 11 .r ''ioiiioiiiiii 4- N 75 ° 09' - i 1 " W .. 69.76' l 9 VC) A. i IRoN • I GAP a J MAIN STREET BAKERY o 03 o .p • Lil In Fie-oN` 8 U I L D I NG 0Q e Lii & 0.4' c1 e, iffr U A, U I..L N Ct a-+ F wD0 4.35' • ca ri w 4 -P c O 't l ° - 1 0 0 �I •0 r (� ( — I 1 - w (J I ; 2 5 17' i i �y Q � w , 01 1 1 I tCcaN'T AzD.710 ! Ri it > 5 30 --,i 14.0' t .1 r • I 4t G: 0"To Z i I I Z • ' EXHIBIT "A" • 1 __ f; i n B U 1 L D i N G 1 `I ^ ) I O I C O R D C E R T I F I C A T E O F I N S U R A N C E ISSUE DATE 02/03/92 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS WM C STAPLETON AGENCY, INC NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, 533 E HOPKINS AVE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ASPEN, CO C O M P A N I E S A F F O R D I N G C O V E R A G E 81611 COMPANY LETTER A COMMERCIAL UNION COMPANY LETTER B INSURED COMPANY MAIN STREET BAKERY & CAFE LETTER C BDW, INC. COMPANY 201 EAST MAIN LETTER D ASPEN, CO 81611 COMPANY LETTER E == =COVE RAGES 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 POLICY EFF. POLICY EXP. LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ CX] Commercial General Liability PRODUCTS - COMP /OP AGGREGATE $ A C ] Claims Made CX] Occur. NCF682622 08/01/91 08/01/92 PERSONAL & ADV. INJURY $ 1,000000 C I Owner's & Contractor's Prot. EACH OCCURRENCE $ 1,000000 ( 1 FIRE DAMAGE (Any one fire) $ 50,000 _ C ) MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE $ C 1 Any Auto LIMIT C 1 All Owned Autos BODILY INJURY $ C 1 Scheduled Autos (Per person) 1 ] Hired Autos BODILY INJURY $ C 1 Non -Owned Autos (Per accident) I ] Garage Liability PROPERTY DAMAGE $ C1 EXCESS LIABILITY EACH OCCURRENCE $ C 1 UMBRELLA FORM AGGREGATE $ C ] Other Than Umbrella Form C ] STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE-POLICY LIMIT $ _ EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS THE CERTIFICATE HOLDER SHOWN BELOW IS ADDED AS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. THIS CERTIFICATE VOIDS AND REPLACES CERTIFICATE DATED 1-17-92 = = = C E R T I F I C A T E H O L D E R C A N C E L L A T I O N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ASPEN EXPIRATION DATE THEREOF, THE ISSUING COMPANY Shall - 130 S GALENA MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ASPEN, COLORADO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: CHUCK ROTH 81611 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RRE