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LICENSE AGREEMENT
THIS AGREEMENT made and entered into this 24 1 day of
October, 1980, by and between the City of Aspen, Pitkin County,
Colorado, hereinafter referred to as "Aspen" and C.F. Murphy
Associates, Inc., an Illinois corporation, hereinafter referred
to as "Licensee ".
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
PARCEL 1:
A tract of land situated in Hallam's Addition to the City of
Aspen, County of Pitkin, Colorado, being more particularly
described as follows:
Beginning at the East 1/4 corner, Sec. 12, T. 10 S., R. 85 W.,
6th P.M. (a 1954 brass cap); thence N. 64 °14'17" W. 904.35 ft.
to the southwesterly corner of Block 90, Hallam's Addition;
thence N. 89 °52' W. 13.50 ft. along the northerly line of
Gillespie Avenue to the point of beginning;
thence N. 00 °38' W. 120.01 feet;
thence N. 89 °52' W. 59.90 feet;
thence S. 00 °08' W. 20.00 feet to the northeasterly corner of
Lot 6, Block 91, Hallam's Addition;
thence N. 89 °52' W. 57.50 feet;
thence S. 00 °O8' W. 100.00 feet to the northerly line of
Gillespie Avenue;
thence S. 89 °52' E. 119.00 feet along the northerly line of
Gillespie Avenue to the point of beginning; a portion
of the above - described property also described as Lot 6
and the East half of Lot 5, Block 91, Hallam's Addition
to the City of Aspen;
PARCEL 2:
A tract of land situated in Hallam's Addition to the City of
Aspen, County of Pitkin, Colorado, being more particularly
described as follows:
Beginning at the East 1/4 corner of Sec. 12, T. 10 S., R. 85
W., 6th P.M. (a 1954 brass cap in place); thence N. 64 °14'17"
W. 904.35 ft. to the southwesterly corner of Block 90, Hallam's
Addition, thence N. 89 °52' W. 75.00 ft. to the southeasterly
corner of Lot 6, Block 91, Hallam's addition; thence N. 00 °08'
E. 100.00 ft. along the easterly side of Lot 6, Block 91,
Hallam's Addition, to the northeasterly corner of Lot 6 to the
point of beginning;
thence N. 89 °52' W. 57.50 feet;
thence N. 00 °08' E. 20.00 feet;
thence S. 89 °52' E. 57.50 feet;
thence S. 00 °08' W. 20.00 feet to the point of beginning;
WHEREAS, said property abuts the following described public
rights -of -way: Gillespie Avenue and Lake Avenue.
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WHEREAS, Licensee desires to encroach upon said rights -of-
way 40.5 feet parallel and adjacent to the property above
described for the following purpose: Planters and associated
railroad tie cribbing.
WHEREAS, Aspen agrees to the grant of a private license
of encroachment 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 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 con-
structed 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
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its 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 its 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 pro-
visions 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 thoeewigndhhmagyhheeeafter
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.
10. The conditions hereof imposed on the granted license
of encroachment shall constitute covenants running with the
land, and binding upon Licensee, its heirs, successors and
assigns.
IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN,
By
Herman Edel, Mayor
ATTEST:
' 0e �/��`nt�� - ^, ,c
Kathryn S. Koch, tC'lerk ' � ( ZAA
LICENSEE: C. F. MUR HY ASSOCIATES,
By � , `/!'�, •
President
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