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HomeMy WebLinkAboutcoa.en.Sabbatini.208 S Mill St.1991 ?, ! 4J #331232 03/22/91 14:50 Rec $25.00 bre PG 341 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ENCROACHMENT AGREEMENT This agreement is made and entered into this c2 01A, day of March, 1991, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen ", and SABBATINI SPORT, INC., a Colorado 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: as shown on Exhibit A attached hereto and incorporated herein by this reference. WHEREAS, said property abuts the following described public right -of -ways: the 200 block of South Mill Street and the Alley of Block 88 adjacent to the southerly boundary of Lots A, B, and C and the west 5.5 feet of Lot D in said Block 88. WHEREAS, Licensee and Aspen acknowledge the encroachment upon said right -of -ways with building, roof overhangs and dry well in the area described as follows: BEGINNING at a point whence the northwest corner of Block 88, City and Townsite of Aspen, Pitkin County, Colorado, bears N 14° 50' 49" E 80.50 feet. THENCE N 75° 09' 11" W 3.00 feet into Mill Street; THENCE S 14° 50' 49" W 21.00 feet in Mill Street; THENCE S 75° 09' 11" E 6.90 feet into the alley of said Block 88; THENCE S 14° 50' 49" W 5.00 feet in the said alley; THENCE S 75° 09' 11" E 30.40 feet in said alley; THENCE N 14° 50' 49" E 5.00 feet in the said alley; THENCE S 75° 09' 11" E 29.50 feet in the said alley; THENCE S 14° 50' 49" W 3.50 feet in the said alley; THENCE S 75° 09' 11" E 4.00 feet in the said alley; THENCE N 14° 50' 49" E 3.50 feet in the said alley; THENCE S 75° 09' 11" E 28.06 feet in the said alley; THENCE N 14° 50' 49" E 1.50 feet to the northerly R.O.W. of said alley; THENCE N 75° 09' 11" W 95.86 feet along the northerly R.O.W. of said alley into the R.O.W. of Mill Street; THENCE N 14° 50' 49" E 19.50 feet along the easterly R.O.W. Mill Street to the point of Beginning. WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. #3S/232 03/22/91 14:50 Rec $2 )? Bb :: 642 PG 342 Silvia Davis, F'itk:in Cnty Clem::, Doc x.00 THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: 1. Subject to paragraph 10 below, a private license is hereby granted to Licensee for a perpetual term to occupy, maintain and utilize the above described portion of public right -of -way for the sole purpose described. 2. This license shall be subordinate to the right of Aspen to use said area for any public purposes, which right shall not unreasonably interfere with the license granted Licensee by this Encroachment Agreement. 3. 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. 4. 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 an additional 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" Licensee shall show proof of this insurance to Aspen before this agreement is filed. 5. Licensee shall save, defend and hold Aspen 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. 6. 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. 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. *3312:?" 03/22/91 14:50 Rec $25.06.....4. 642 PG 343 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 7. 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. 8. 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 so long as such grant does not unreasonably interfere with the license granted Licensee hereunder. 9. 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. 10. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. 11. If the structure for which this license was issued is removed for any reason, this license shall terminate and Licensee shall either (i) rebuild any new structure within the confines of the property boundaries, or (ii) obtain another encroachment license prior to construction of any new structure. 12. Licensee waives any and all claims against 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 above. CITY OF ASPEN, COLORADO ATTEST: • B By: Kathryn . Koch, Bill Sti ling, May r City Clerk Sabbatini Sport, Inc., a Colorado corporation / BY . m • • Dexte Williams, President, Licensee 3 #3312. 03/22/91 14:50 Rec X25.00,� ): 642 PG 344 Silvia Davis, Pitkin Cnty Clerk, C x.00 STATE OF COLORADO ) ss. COUNTY OF PITKIN The _foregoing instrument was sworn and subscribed before me this 20 day of March, 1991 by Dexter Williams, President of Sabbatini Sport, Inc., Licensee. WITNESS my hand and official seal. My commission expires: . LZ f4'4 3 Notary Pub c 31 -/ i? L' 1 �y chm \re \sabbatin.ea 4 #331232 03/2 14 :50 Sc $25.00 Ph:: 642 PG 345 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 EXHIBIT "A" The South 19.5 feet of Lots A, B and C and the West 5.59 feet of the South 19.5 feet of Lot D, all in Block 88, City and Townsite of Aspen, Colorado. A C O R D C E R T I F I C A T E O F I N S U R A N C E ISSUE DATE 03/21/91 .':'UDIICER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS j •.:A C STAPLETON AGENCY, INC NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, 1 33 E HOPKINS AVE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELW .-<PEN, CO C M A N T E S A F F O R D I N G C O V E R A G E 11611 COMPANY LETTER A ROYAL INSURANCE , ' .OE 3801855 SUB-CODE COMPANY LETTER B • UROD COMPANY c.BBATINI S'9RTS, INC. LETTER C 208 SOUTH MILL STREET COMPANY ASPEN, COLORADO LETTER D M■61 COMPANY LETTER E r J E R A C E S TO -- •ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DIr. 0, :<OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS E:'T:r!IATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, :CL' 'IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF. POLICY EXP. TYPE OF INSURANCE POLICY NUMBER DATE DATE ALL LIMITS IN THOUSANDS C'4L LIABILITY GENERAL AGGREGATE $ 2,000, EX] Commercial General Liability PRODUCTS-COMP /OPS AGGREGATE $ 2,000, A C 1 Claims Made IX) Occur. PSP039058 04/28/90 04/28/91 PERSONAL & ADVERTISING INJURY S 1 000. C 1 Owner's & Contractor's Prot. EACH OCCURRENCE $ 1.000, C ) FIRE DAMAGE (Any one fire) S 50, _I C 1 MEDICAL EXPENSE (Any one person) S 5, AUTOMOBILE LIABILITY COMBINED S Any Auto SINGLE LIMIT C 1 All Owned Autos BODILY INJURY S C ) Scheduled Autos (Per person) C 1 Hired Autos BODILY INJURY S C 1 Non-Owned Autos (Per accident) C ) Garage Liability PROPERTY DAMAGE S EXCESS LIABILITY - . . - _ EACH 1 AGGREGATE C 1 OCCURRENCE I _ C ! Other Than Umbrella Form WORKER'S COMPENSATION STATUTORY AND $ j (EACH ACCIDENT) EMPLOYERS' LIABILITY S I (DISEASES - POLICY LIMIT) S I (DISEASES -EACH EMPLOYEE) OTHER h:SCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS he certificate holder shown below is an additional insured as their interest may appear. PLEASE CHECK POLICY FOR EXCLUSIONS AND LIMITATIONS = C E R T I F I C A T E H O L D E R C A N C E L L A T I O N - ----- It is understood and agreed that this insurance policy CITY OF ASPEN may not be cancelled by the company until thirty (30) 130 SOUTH GALENA days after receipt by the City, by registered mail, of ASPEN, CO a written notice of such intention to cancel or not to 81611 renew. •—• 4, 6