HomeMy WebLinkAboutcoa.en.MICHI'S.1979 AGREEMENT
THIS AGREEMENT, made and entered into this 41 day
of December, 1979, by and between the CITY OF ASPEN, Pitkin
County, Colorado (hereinafter referred to as "ASPEN ") and
MICHI BLAKE and C. M. CLARK, dba MICHI'S (hereinafter referred
to as "LICENSEE ").
WHEREAS, Licensee is the owner /lessee of the following
described property located in the City of Aspen, Pitkin County,
Colorado, known as Courthouse Plaza Building, 530 East Main
Street, Aspen, Pitkin County, Colorado, more particularly
described as Basement Level.
AND WHEREAS, said property abuts the following des-
cribed public right -of -way, described as Main Street, Aspen,
Pitkin County, Colorado.
AND WHEREAS, Licensee desires to encroach upon said
right -of -way four (4) feet parallel and adjacent to the property
above described for the following purpose: To place a sign
nine and one -half feet (9 1/2') above ground level to identify
place of business.
AND WHEREAS, Aspen agrees to the grant of a private
license of encroachment subject to certain conditions.
W I T N E S S E T H:
NOW, THEREFORE, in consideration of the mutual agreement
hereinafter contained, Aspen and Licensee covenant and agree as
follows:
1. A private 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 area for any public purpose.
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 against personal injury and
property damage protecting Aspen against any and all claims as a
result of or arising out of the use and maintenance by Licensee
of said property.
6. Licensee shall hold Aspen whole and 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
their 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 their 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 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 hereafter
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 property as it deems necessary.
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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.
IN WITNESS WHEREOF, the parties executed this agreement
at Aspen the day and year first written.
CITY OF ASPEN, COLORADO
i
' /
By
Herman Edel
Mayor
ATTEST:
,4 t
Kathryn K . och
City Clerk
cl
Licensee r
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