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HomeMy WebLinkAboutencroachment.awning.planter Block 80 Lots G,H,I 1987 BGOK COD- .545 PAGE707 m CD ENCROACHMENT AGREEMENT m rtln. C V This agreement made and entered into this 7th day of August , 1987 ;, by and between the CITY OF ASPEN, Pitkin County, Coloradohereinaftgr referred to as "Aspen" and E`lli ' s (Heidi O'Leary Houston, owner) hereinafter referred to as "Licensee. " WHEREAS, Licensee is the owner of the following described property located in the City of Aspen, Pitkin County, Colorado: Lot -G,H, I, Block 80 City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public. right-of-way(s) : Mill Street, Main Street, alley of Block 80 WHEREAS, Licensee desires to encroach upon said right-of way(s) with the same historical encroachments, retractable awnings, planter boxes on the windows, exterior lighting, concrete steps, parapet and overhang. Also with an irrigation system for the trees and a subgrade footing 10 ' underground along all frontages. 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 herein- after 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. 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 r 4 45 r0ffl determine to be necessary to keep they 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 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. ' 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 Licen- see' 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, remove any improvements or en- croachments 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 reason- able 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. mw 545 PzsE 0 IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written. CITY OF ASPEN, COLORADO B BILL STIRLING, M or ATT�M A is KA XOCH, City Clerk CanAm Aspen Developments a ! Colorado General Partnership 3 +�� a`°� by Houston & Houston Investments Inc . as aging G ra Partne By ` President L censee STATE OF COLORADO ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this yh day ofZs+ by2«l,- fkws{ , Licensee. WITNESS ND OFFICIAL SEAL. My co on e s: SHERI L � VEIL �® J►� ,r�0 Notary Public FG 2(0 5 6r-f1"'e . . ,1 A 2-¢✓, CO 9((0( 2- Address (Co(ZAddress To: Mayor and Council Thru: Robert S. Anderson, Jr. , City Manager From: Elyse Elliott, Engineering Department Date: June 2, 1987 Re: Encroachment License for Elli ' s of Aspen Elli' s Summary: E s is requesting r uestin an Encroachment License for five items, Council may chose any or all of the items. Discussion: Elli ' s of Aspen, located on the southwest corner of Main and Mill streets, is undergoing a remodel and an expansion. they are requesting an Encroachment License for these five items: 1. Five raised planters along the Mill Street sidewalk. 2. A planter on the Main Street sidewalk that extends over their property line by 1 '6". 3. An irrigation system on both sidewalks. 4. Historical encroachments on the building .such as awnings, planter boxes, exterior lighting, concrete steps, parapet and overhang. 5. Subgrade footings, these would be 10 ' below grade and extend along the alley and the Main and Mill streets' frontages. A diagram depicting the proposed encroachments is enclosed. Recommendation: A compilation of City departments and CCLC is: 1. Raised Planters - these should not be permitted because they inhibit pedestrian flow and make snow removal more difficult. The CCLC recommends that tree grates be used in place of raised planters. 2 . Large Planter on Main Street - The CCLC view this as being beneficial to Elli 's in that it draws pedestrians into the store and saw no reason why it had to be placed on City property. Planning and Parks want the planter to hold two trees instead of three. 3. Irrigation System - this would insure that the plants on the right-of-way are watered and should be allowed. 4 . Historical Encroachments - these are no problem as long as the applicant maintains the same area and does not increase the encroachment size. The present awnings are retractable and the Building Department recommends that they remain retractable. 5 . Subgrade footings - the utility companies and the City Electric Department do not object to this. Proposed Motion: I move to grant an Encroachment License to Elli' s of Aspen for items (with these provisions ) City Manager Recommendations: C, t4e• !��/ • e=z P E MAIN STREET 1\\) (100.00'1 99.95 iIEL0 \ SCALE I INCH R 8 FH <.]6, STORK /: SNwER ET G R AIP 7­1�11FIL slcnAL ETP 5 OEwata �Clir � (5 I EI 306]'1 n ELF 90 _ .00.00 ; �::.2.CO•T ROt TOC IST F;.009 a -I 99 T' i ROOF+I ELL/'S % R I STORY 10 FRAME – RUILDIND b 4 � w GR 7 V w E 11— MINER'S BUILDING 99.E E •e.a, I_ u G BLD�CK 80 _ of POTTERY _ SHOP e I $,CRT - �' CISTR•>3E. L �'fM'!`.Ef 3rD .__-. y(•.....,C.•..•.V•.•.•yy.. ...i.••....•...•.,. IO.J.4E L .................................•. •..................—....... ti 991 V Ipl). RI TnE u`1OE RS- RICLO SUR VETED (21.01'1 \CLEC.SPLICE MAnnOLE 7'� eROFER TiLEGAL% 'IELD CVI DENCE 6 NO DISC RE P>NCIES 99 9 CONFLICTS,[.,CF:% 1 OR RIGHTS OF wAY i BANK OF ASPEN