HomeMy WebLinkAboutbocc.con.097.1996 39E345 p8/z3/96 1'2:09p FG 1 OF 9 REC DOC UCC �i�k,':I
SILVIR DRVI3 RITKIN CDUNTY CLERK CG RECORDER Q.�Qi
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�ONSTRUCTSON L•ICBNSE A�R �_FRMF.NT ,i.
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TFIIS AGREEMENT, made thia �Q day of ��,/�/ � , 19�1- ', ':�
by and between Robert B. Lewis ("Grantor"),�and The Soard of
County Coa�ieaioners of Pitkin County, Colorado, a Home Rule
County, existing under and by virtue of the laws of the State of
Colorado ("Grantee") .
W I T N E S S E T FI � "
WHEREAS, Grantor is the owner of certain real property located
in Lot 20, Section 20, Township 10 South, Range 84 West of the 6th
P.M., Pitkin County, Colorado, more fully described in Exhibit "A"
attached hereto and incorporated herein by reference {��property");
and
WEiEREAS, Grantor wishes to grant to Grantee a public trail
easement to provide for a public trail across its Property, or
. sufficient property to support trail development, generally
located along the alignment of an existing privately-built soft
surface trail, a portion of which traverses Grantor's Property;
and
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WHEREA3, Grantee is the owner of a trail, in an area to the
, north of Grantor's Property, which was constructed in 1994 and is
known as the "East Aspen Trail"; and
WIiEREAS, Grantee wishes to incorporate the existing privately-
built soft surface trail, a portion of which crosses Grantor's
Property, as a segment of an extension of the East Aspen Trail,
and Grantee intends to repair and upgrade the existing privately-
built trail to Pitkin County Trails Design and Construction
Standards prior to any consummation of a Trail Easement Agreement
wiCh Grantor; and
WHEREAS, Grantor and Grantee wish to set forth in this ,
Construction License Agreement the nature, terms and conditions
under which Pitkin County might gain access to and across portions
of Grantor's Property, as shown on Exhibit "B" and designated as
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personal property will be allowed within the Activity Area or any {�!;? `�. ,=;''::..
other portion of the Property at any time. At no time will ,• �_"
construction vehicles or equipment block access to or from �'�
Grantor's Property or in any other way interfere with the use and ��-'' �1
enjoyment of the Property by its residents or visitors or with � •
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emergency access to and from the Property. '. .
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3. Hn1�G PF'RTOD OF $�TIVTTy.
�,�•
Hours of operation will be limited to 7:00 AM to 7:00 PM Monday � �';�
through Friday. This Construction License Agreement will be in �;'
effect from the date hereof until December 31, 1996, upon which !�- _
date it will automatically terminate unless extended beyond that ' .
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date by mutual agreement of the parties. "(
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4. TIZATL DEi�'L�PMENT ANn RF. T.AMATTON.
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Grantee shall use its best efforts to compel its contractors to �
complete the work contemplated by this Agreement as expeditiously �
as posszble, however, Grantor acknowledges that certain matters �
may be beyond Grantee's control, including, but not Iimited to,
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adverse weather conditions, utiliLy company schedules, etc. To
' the extent that the Activity Area is damaged by trail installation � .
by Grantee, Grantee hereby commits to complete, at Grantee's
e�cpense, reclamation of such damage to as near as possible the
condition which existed prior to trail installation by Grantee
only, within 30 days of termination of the construction on the �
trail or the use of the Activity Area. Such reclamation may '
include, but is not limited to, replacement of destxoyed or
damaged trees, shrubs and grasses, restoration of natural contours
and drainage patterns, replacement of pavement or other structural
elements of Property roadways or facilities, cleanup of vegetation
or construction debris and repair or replacement of any damaged
sprinkler system or landscaping features. It is understood that
reclamation, to the extent reclamation cannot be completed within •
the current growing season, may extend beyond the initial 30 day
period. The parties agree to inspect the Activity Area upon the
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39E.345 @8/23/96 12:Qi9f-' GG 4 OF 9
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conclusion of trail construction to make a detailed, mutually ���
agreed upon, determination of reclamation requirementa, to prepare ,.
a detailed list of required reclamation activities and to append ti,
that list to this Construction License Agreement and incorporate � .
it herein by reference. ," �'�''
5. T`�AMED AS ADDTTTONAT. 7NSCntED.
Grantee will name Grantor as an additional insured under the terme `'r' �
of Pitkin County's comprehensive liability insurance policy during •
the term of construction and reclamation, said coverage to be - '
extended upon recordation of a Trail Easement Agreement conveying �
the trail easement to Grantee. Grantee shall deliver to Grantor a
copy of the Certificate of Insurance for such insurance policy.
The insurance policy shall provide that, as to Grantor, the policy
shall not lapse, be cancelled, be amended or modified in any way
unless the insurance company shall have first given each of the ,
parties thirty (30) days prior written notice thereof at the �
address of each insured as provided herein. �
6. COST.
Grantor agrees that there are no sums to be paid Grantor under „
this Agreement. Grantee agrees that all costs of construction, �`
reclamation and maintenance will be borne solely by Grantee. '
7. MISCELL•AriEOUS.
� Grantee represents that it has obtained, or will obtain, at its
sole expense, any and all necessary permits, clearances and
reviews from relevant agencies, including the Army Corps of
Engineers, the Aspen-Pitkin Planning Office, and the Pitkin County
Engineer for the construction contemplated by this Agreement.
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39634� 08/2�/96 12:09F F'G � OF 9 �Y-;"
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' All notices required or permitted hereunder will be deemed -`'' .
delivered when hand delivered or when mailed, by certified mail, ; .,
return receipt requested, to the parties and at the following �.�
addresses or such addresses as the respective parties may in �
writing hereafter direct: ` '-
Grantor: Robert B. Lewis ;'•:;
PO Box 2190
Aspen, CO 81612 � `'"
Grantee: Board of County Commissioners -
of Pitkin County
506 East Main Street
Aspen, CO 81611
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9. ATTORNEYS' FEES. i
_ In the event of litigation arising from the interpretation or the
enforcement of any of the terms or provisions of this Construction �
License Agreement, the parties hereto agree that the prevailing t
party in such action shall be entitled to recover its Attorneys' �:
fees, expenses and court costs from the other. �-7'°
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, IN WITNESS WiiEREOF, the parties enter into this Construction F
License Agreement as of the day and year first above written. j
GRANTOR(S)�:� �� _ j
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�4E345 08/33/96 12:@9P F�G E OF 9 �;::,'"�`
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STATE OF COLORADO ) '� '.
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COUNTY OF PITKIN ) t�,•' ''
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The foregoing instrument was acknowledged before me this �_
day of �_�, 19� by {�n�P.rf Q. �P a,f.S •'
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Witness my hand and official seal. �,'.. '':
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My commission expires: `����� ,
�^lLf�.�`� ���
Notary Public
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ATTEST: GRANTEE:
BOARD OF COUNTY ' �• '
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
( � ���[.�'[,�i. � 'L� By_ ' _
Jea4iette Jones /% ' . a 7�G� :,
De��ity Clerk and�Recorder f/l� Chairman '
DATE: � r" �``
APPROVED AS TO FORM: M2�INAGER APPROVAL:
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. � � �� ��
/ John Ely Suza Konch n
r-^� County Attorney County Manager `s �����
APPROVED AS TO CONTENT:
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Chairperson
. Open Space and Trails Board of Txustees
RECOMMENDED FOR APPROVAI,:
F��
J e Ellen Hamilton, Chief Executive Officer
en Space and Trails
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" 39N345 08/�3/96 12:09G PG 8 OF 9
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� ' EXIIIHIT ��A�� -� ��`•
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Legal Description �.
A tract of land, betng a part of Lot 20, Section.20�'Township �O Swth, Ranga
E14 West of the .Fith Principal Merldien, desar{bed more fuity a� foilows:
Beginniru,� at a point beina the intcrsection of the South bou�dar.y line oF Lot 20
wiih the West ric�ht-of-way line of Colorado Hlghway 02; ttience Westerly along
the safd South bound�ry of satd Lot 20 a distance oF 474 feet;
thence Nor[h 200 feet; . ; ..
[hence East 440 feet to the West right-of-way line of satd Colarado Highway 82;
thence South along satd rtght-of-way of Cotoreda H}ghway 82 to the point of �
'� begtnning. With all ils appue^ten�nces , and warrant(s)the [itle to the same,
sub�ectto: United States Patenl reservations as recorded in Book 55 at
F'aqe 265; Subject to: Ad Valor�m [axes for t975, payable fn 1976; Easements
and rinht-nf-way of record with righC of uiqress and e�ress recorded in Book
161 at f`anF 4�U; Pitkin Counly Z.oning �nd subdiv;sion regulations, taxes, fees,
� asse�SmenLs or �h�r�es by reason of inclusion of the property in tFie Aspen Fire
Prutectton Uistrict �nd F3�s<It and I:u�al Fire Protection Uistrict; R1ght of first
refusal anA restr�ctive covenan[s con[atned in /�greement for purchase and saie
. �i real estatc record�d in F3oc,k ?7S at Paoe 363 of lhe Pitictn County
Colnradc�, r=_cords. -
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