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HomeMy WebLinkAboutcoa.en.McFarlin.1992 #349083 15:05 Rec $25.00 5PB9 PG 918 Silvia Davis, Pitk:in Cnty Clerk, Doc $.00 ENCROACHMENT AGREEMENT Co T is agreement made and entered into this S day of , 19 by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and the Andrew's McFarlin Condominium Association hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Andrews McFarlin Condominiums City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right -of- way(s): The eastern line of the 400 block of North Mill; and the northwestern property line of the City of Aspen's Rio Grande property. WHEREAS, Licensee desires to encroach upon said right -of way(s) an encroachment of unknown extent for a retaining wall as called out on the City of Aspen's Rio Grande Property plat 900 -83. See attached portion of plat 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. 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 # 15:05 Rec X25.0C c 689 PG 919 5 i1vi1.,,,pavis, Pitkin Cnty Clerk, c $.00 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 insurance company 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 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. 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 prior to building. No existing encroachment shall be enlarged without obtaining an additional license prior to construction. #34908C9/29/92 15:05 Rec $25.00 B C 689 PG 920 Silvia Davis, Pitkin Cnty Clerk, D $.00 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 mit Chuck Roth, City Engineer ATTEST: KATHRYN S. KOCH, City Clerk , D �/� • G� I:r.... Sarah Pletts, Licensee 04, As President of the Andr- ' McFarlin Condominium Association STATE OF COLORADO ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of , 19 , by Licensee. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address rt /encroach.andrew H XI 1 I3 IT T CITY OF ASPEN r VISUAL WEST QUARTER CORNER ARTS SECTION 7, ' TOWNSHIP 10 SOUTH RANGE 84 WEST OF \ THE 6th. PRINCIPAL MERIDIAN _ __ —N l� BRIDGE N y3 9 0 A RING 0 RO k �s " c 57 5 0 51 . 14 _._ ao 34 � E v 2 > e ,� �E, 67, 25' NB • 29 2' 9 L� ANDREWS N. I MC FARLIN �C 6 0 0 CONDOMINIUM - ` P• +G �N 6 , . +.• � 1 q 4 3'• M ii P G FT E o Q o ! �_ FIyC O ck, M e Nr<< /2 33 =� < c, PpT `_ \�� O % POND Or . TIKE 4DIZ,.„ I \ \ \ , FIELD . -r.. • • in it n , A- CM 3 P h tLiW W °3 Irt O y s. W i PL AY F 1 E L D q r f ;c o t Ja J Q Z W 4 No-[Es h PoKrttN OF PLAT % 900 -83 In \ � #349083 09/29/92 15:05 Rec $25.00 BF( 689 PG 921 0 1' ,[ --- Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #3403 09/29/92 15:05 Rec $"' --4 )BK 699 PS 922 Silvia Davis, F'itkin Cnty C1erk;•••5oc $.00 POLICY NUMBER: OBP D2 51 58 59 3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: • CITY OF ASPEN, COLORADO (BUT ONLY WITH RESPECT TO INSURED'S RETAINING WALL THAT IS ON CITY PROPERTY) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. ADVANCED INSURANCE ASPEN, CO 5 /8KH • CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ II