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HomeMy WebLinkAboutencroachment.stairs block 94 galena st elks 1990 #3298. )1/3i /91 15e i Re $20. c-�c� 639 PG 823 Silvia Davis, Pitkin Casty Clerk: , $. 00 ENCROACHMENT LICENSE THIS AGREEMENT made and entered into this �� day of 1990, by and between the City of Aspen, Pitkin County, Colorado, hereinafter referred to` as "Aspen" and Benevolent Protective Order of Elks, Aspen Lodge No. 224 hereinafter referred to as "Licensee. " WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lots K, L & M, Block 94 City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public right-of-way(s) : Galena Street, Block 94 WHEREAS, Licensee desires to encroach upon the above described right-of-way(s) as shown on legal description attached hereto as Exhibit "A. " WHEREAS, Aspen agrees to the grant of a private license of encroachments 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-ways) for the sole purposes 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, not inconsistent with the License granted. 4 . Licensee is responsible for the maintenance and repair of the public right-of-way(s) , 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 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 '#t9f398 i s c i!'?1 15: 57 Rec $mac:,� i 0 Bk:: S P6 824 Silvia Davis, Pitk-in Cnty Clerk- ,, Doc $. f"o 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 I pursuant to this agreement shall contain the following endorsements: It is hereby understood and agreed that this insurance policy may not be canceled 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. The Licensee shall show proof of this insurance to the City before this Agreement is filed. 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 for resolution duly passed by the City Council of the City of Aspen. 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. 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 attorneys' 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 prior to building. No existing encroachment shall be enlarged without obtaining .an -additional license prior to construction. #3 8 t=�1/30/91 iso 57 Re,c �260� BK 638 PG 825 ' Silvia Davis, Pitl<in Cnty Clerk , Doc $. coir 13 . The Licensee waives any and all claims against the City of 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. CITY OF ASPEN, COLORADO By William Stirlin , Mayor ATTEST: Kathryn S. KocH, City Clerk/ / BENEVOLENT PROTECTIVE ORDER OF ELKS, ASPEN LODGE NO. 224, a Colorado Not For Profit Corporation O By Licensee COUNTY OF PITKIN ) ss: =STATE OF COLORADO ) The foregoiac-,�,- strument was acknowledged before me this .dag:i6 \ c^ 1990, by lJ rN:yY COtMfssion expires: b Lo (4 Notary Public 25'639 "F`?I,i 3o 91 15.- 57 Rec $20. 638 PG .826 Silvia Davis, Pitkin Cwnty Clerk , Doc EXHIBIT "A" DESCRIPTION D. GALENA STREET BLOCK 94 BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT K, BLOCK 94 , CITY OF ASPEN WHENCE THE NORTHWESTERLY CORNER OF SAID LOT K BEARS N 14050149" E 26 . 35 FEET; THENCE S 14050149" W 8 . 17 FEET ALONG SAID WESTERLY BOUNDARY LINE; THENCE N 75009 ' 11" W 2 . 50 FEET; THENCE N 14050149" E 8 . 17 FEET; THENCE S 75009 ' 11" E 2 .50 FEET TO THE POINT OF BEGINNING. E. GALENA STREET BLOCK 94 BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF LOT K, BLOCK 94 , CITY OF ASPEN WHENCE THE NORTHWESTERLY CORNER OF SAID LOT K BEARS N 14050 ' 49" E 40 . 52 FEET; THENCE S 14050 ' 49" E 40 . 52 FEET; THENCE S 14050 ' 49" W 6 . 50 FEET ALONG SAID WESTERLY BOUNDARY LINE; THENCE N 75009 ' 11" W 4 . 00 FEET; THENCE N 14050 ' 49" E 6 . 50 FEET; THENCE S 75009 ' 11" E 4 . 00 FEET TO THE POINT OF BEGINNING.