HomeMy WebLinkAboutencroachment.canopy - Block 72 Lots k.l.m North Aspen St. community church 1986 r r_
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ENCROACHMENT AGREEMENT
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This agreement made and entered into this 15th day of
December , 19 861r by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referred to as "Aspen" and
The Aspen Community Church
hereinafter referred to as "Licensee. "
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
Block 72, Lots K,L & M /
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right-of-way(s) :
North Aspen Street
WHEREAS, Licensee desires to encroach upon said right-of way(s)
with a covered entryway that will encroach. upon N. Aspen Street by an area
of 13' x 3.751 .
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 hereinafter
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.
a . 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 };eep the same in a safe and clean
BOOT{ 536 PAGE816
condition.
S . 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 24-10-11 4,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 izay 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 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, removeany 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 reasonable
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.
BQOIi 536
IN WITNESS F•THEREOF, the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
By—
BILL
yBILL STI I NG, Mal Mr
ATTEST:
c/vYc�i�r
KATHRYN S, ' KOCII, City Cl�e`rk
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Licensee„ .,,,,,,
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STATE OF COLORADO ) •'° " _'
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County of Pitkin ) �l `� •• ' •\�� �.'
"'he foregoing strument was acknowledged before me
day of , 19S�Z_• by
Licensee.
WITNESS MY HAI,-1D AND OFFICIAL SEAL.
My commission expires:
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Address
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MEMORANDUM
TO: Mayor and City Council
TH RU: Robert S. Anderson, Jr. , City Manager
�qFROM: Elyse Elliott, Engineering Department
DATE: December 8 , 1986
RE: Encroachment License for the Aspen Community Church
SUMMARY
This department recommends that Council approve the Encroachment
License for the Aspen Community Church for the purpose of
constructing a covered entryway.
DISCUSSION
The members of the Aspen Community Church (corner of Aspen and
Bleeker Streets) are in the process of remodeling their building.
They are requesting an Encroachment License to enable them to
construct the 1310 .75 ' covered entryway shown on Attachment A.
The reason for this is severalfold. It will allow direct access
to the assembly area. Presently, one must go through the church
to enter the assembly area. Also, the present doorway does not
meet building codes or fire exit codes. The addition of* a
protective roof over the new doorway is necessary as snow can
slide from the roofs above.
The covered entryway does not add additional heated floor area,
add to the occupancy load or change the existing use of the
building. This addition would make the building safer and more
convenient. None of the referral agencies had a problem with
this encroachment.
ADVISORY COMMITTEE VOTE
This has received conceptual approval from the HPC. The Board of
Adjustments has granted the Church a variance allowing them to
build to the western property line.
RECOMMENDATION
That Council approve this request.
PROPOSED MOTION
I move to grant an Encroachment License to the Aspen Community
Page Two
Encroachment License for the Aspen Community Church
December 8, 1986
Church for the purpose of constructing an enclosed entryway.
CITY MANAGERS -RECOMMENDATIONS
EE/co/EncrLicAspCommChurch
LOT T A !.0 3 LO'., C. 1107 11
ALLEY BLOC 72
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