HomeMy WebLinkAboutcoa.en.McDade.Mesa Store.1987 BOOK 553 PAGEIO9
295812
ENCROACHMENT AGREEMENT SILVIA PAM
FITKIN CNTY RECORDER
This agreement made and entered into this 29th day ' 9 01,17
June , 19 87, by and between the CITY OF ASPEN, Pitkin o f y,
Colorado, hereinafter referred to as "Aspen" and
Jim McDade
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
The Mesa Store - Lots R & S, Block 30
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right -of- way(s):
Main Street and N. Fourth Street
WHEREAS, Licensee desires to encroach upon said right -of
way(s)
with the historic encorachments of a porch and awning which encroaches
onto both rights -of -ways a total of 384 square feet, and the 1'
encroachment of the building along the Main Street frontage of 29'.
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
BOOK 533 PAGE110
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 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 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.
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.
Book 55'3 T.G4i1
IN WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
/'
BILL STI• INC, Mayo -
.200 4s
, -Is(
K.t‘ S.docOCH, City Clerk
Ca sORA
(it/ry% a
Licensee
STATE OF COLORADO )
ss.
County of Pitkin )
he foregoing ins -, ument was acknowledged before me this /
/ day o f ds -- .9, ' , 190 , by m> re ✓`
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL. n ,C, ,,( •
My commission expires: ?✓ _ t7 ti
`
Notary Pu • is
v �
Address ""
To: Mayor and Council
Through: Robert S. Anderson, Jr., City Manager �/
From: Elyse Elliott, Engineering Department NV
Date: June 18, 1987 ���
Re: Mesa Store Encroachment
Summary: It is recommended that Council approve an Encroachment
License for the historic encroachments for the Mesa Store and to
waive the $300 application fee.
Background: The Mesa Store (located on the northwest corner of
Main and Fourth Streets) is undergoing a renovation. A condition
of approvement from HPC was that the historic awning and porch
encroachments remain. These encroachments must be rebuilt by the
new owner, Jim McDade.
It is the City's policy to require that renovations on historic
encroachments obtain Encroachment Licenses. The building
encroaches 1' into the Main Street sidewalk right -of -way along
its entire 29' frontage. The porch and awning encroach into both
rights -of -ways a total of 384 square feet.
The Engineering Department has no problem with licensing these
historic encroachments. The owner has asked that the City waive
the standard $300 Encroachment License application fee since HPC
made the reconstruction of the awning and porch a condition of
approval.
Proposed Motion: I move to grant the Mesa Store a Encroachment
License for their historic encroachments and to waive the $300
fee. r�
City Manager Recommendations: .. Gor'owA , wt DID Nor iti/'2ft
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