HomeMy WebLinkAboutcoa.en.Merit Investment.Prospector.1984 No
Eva 474 Pouf 18 QJ r M
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ENCROACHMENT LICENSE AGREEMENT
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THIS AGREEMENT made and entered into thin.5 day
of June, 1984, by and between THE CITY OF ASPEN, COLORADO, a
municipal corporation and home -rule city (hereinafter
referred to as "Aspen "), and MERIT INVESTMENT CO., OF ASPEN,
INC., a Colorado corporation (hereinafter referred to as
"Licensee ").
WHEREAS, Licensee represents that he is the record
title owner of the following described property located in
the City of Aspen, Pitkin COunty, Colorado:
Lots A, B, C and D, Block 82,
City and Townsite of Aspen;
WHEREAS, said property abuts the following
described public right -of -way: Hyman Avenue; and,
WHEREAS, the Licensee desires to encroach upon
said right -of -way, said encroachment being more particularly
described as follows and adjacent to the property described
above: walls and stairs and second and third floor
overhangs encroach into public right -of -way; and,
WHEREAS, Licensee desires to encroach upon said
right -of -way for the following purpose: permit the existing
encroachments to continue; and,
WHEREAS, Aspen, at its City Council meeting of
November 8, 1982, agreed to the grant of a private
non - exclusive license of encroachment, pursuant to § 19 -5 of
the Municipal Code, subject to certain conditions.
NOW THEREFORE, in consideration of the mutual
agreement hereinafter contained, Aspen and Licensee covenant
and agree as follows:
1. A private revocable non - exclusive 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 is made subordinate to the right
of Aspen to use said encroachment area for any public
purpose.
9 0°1( 474 PAGE 19
4. Licensee is responsible for the maintenance
and repair of said encroachment property, together with
improvements constructed thereon, which Aspen, in the
exercise of its discretion, shall determine to be necessary
to keep the same in a safe and clean condition, including,
without limitation, snow and ice removal.
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 and hereby does agree to hold
Aspen whole and harmless against any and all claims for
damages, costs and expenses, including attorneys' fees, to
persons or property that may arise out of, or be occasioned
by the use, occupancy and maintenance of said encroachment
property by Licensee, or from any act or omission of any
representative, agent, customer and.or employee of Licensee.
7. This license may be terminate by Licensee at
any time and for any reason on thirty (30) days' written
notice of its intent to terminate. 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 their expense,
remove any improvements from the encroachment property and
restore it to a condition satisfactory to Aspen.
8. This license is subject to all state law, the
provisions of the Charter of the City of Aspen as it now
exists, or as may hereafter be adopted or amended, and the
ordinances of the City of Aspen now in effect or those which
may thereafter be passed and adopted.
9. Nothing herein shall be construed so as to
prevent Aspen from granting to anyone such additional
licenses or property interests in or affecting said
encroachment property as it deems necessary.
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BOOK 474 PAGE 20
10. The conditions hereof imposed on the granted
license of encroachment shall constitute covenants running
with the land, and binding upon Licensee, its successors and
assigns. Licensee agrees to record this document, at their
expense, in the office of the Clerk and Recorder of Pitkin
County, Colorado.
11. In any legal action to enforce the provisions
of this Agreement, the prevailing party shall be entitled to
its reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties executed this
Agreement at Aspen the day and year first written.
THE CITY OF ASPEN, COLORADO
By orelHatilliejs
William L. Stirling, Mayf
ATTEST:
Kathryn S Koch, City Clerk
LICENSEE:
MERIT INVESTMENT CO., OF ASPEN, INC.
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STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before
me this day of , 1984 by WILLIAM L. STIRLING,
Mayor of the City f Aspen, Colorado, a municipal
corporation and home -rule city.
WITNESS my hand and officia eal. •
`� L !;: ` My commission expires> &i71
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(ACKNOWLEDGEMENTS CONTINUE ION FOLLOWING PAGE)
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. goo 474 p 4GE 21
STATE OF COLORADO)
ss.
COUNTY OF PITKIN )
TOp foregoirf, i strument was acknowledged before
me this c4 day of ¢ mz3[2.. , 19 tY , by.%zte
/0/5 as Vic President, MERIT INVESTMENT CO., OF
ASPEN,., a Colorado corporation.
WITNESS my hand and official seal.
My Commission expires: ( (8lo
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7. i A Notary P olic
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