04-04-2011 REVOCABLE LICENSE AGREEMENT-LES BORIS,1R
EAGLE COUNTY, CO
TEAK J SIMONTON
Pge: 6 11 40 :24AM
REC: $36.00 OOC: $
201106254
04/09ry/2011
1111111111111111111111111
REVOCABLE LICENSE AGREEMENT AND
COVENANT ON LOT 8, WESTERN SAGE PUD, TOWN OF AVON, COLORADO
AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND LES BORIS FOR THE
GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND
MAINTAIN A MSE RETAINING WALL ON TOWN -OWNED RIGHT -OF -WAY
1.0 PARTIES. The parties to this agreement ( "Agreement ") are the TOWN OF AVON,
COLORADO, a Colorado home rule municipality (the "Town ") and Les Boris (the
"Licensee "). This Agreement is effective upon execution by the Licensee and following
execution by the Town Manager on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as the Wildridge Road East right -of -way
( "Town Property ").
2.2. The Licensee owns Lot 8, Western Sage PUD, Town of Avon, Colorado (also
known by street address as 5767 Wildridge Road East, Avon, Colorado) (the
"Private Property ").
2.3. The Licensee has expressed a desire to encroach upon and occupy the Town
Property for the purpose of installing, constructing, and maintaining a MSE
retaining wall in order to serve and benefit the Private Property.
2.4. The Town is willing to grant a revocable license to the Licensee under the terms
and conditions as hereinafter specified in this Agreement provided that nothing in
this Agreement shall waive or modify any obligation to seek building permits,
variances, or other approval necessary to meet any obligation imposed by law.
The Licensee remains obligated to apply for and obtain all necessary permits and
approvals, pay all required fees, and comply with all applicable local laws,
including but not limited to any applicable provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the
encroachment and occupation described as follows:
MSE retaining wall approximately 6.5 -feet in length located perpendicular
to Wildridge Road East on the western side of the driveway serving the
Private Property ( "Private Improvements ") as shown in Exhibit A
attached hereto.
Provided, however, that nothing in this Agreement is intended to waive, alter,
modify, or permit any violation of any local law applicable within the Town of
Avon. To the extent that the location or other specifications of this License or
any exhibit conflicts with local laws, the local law shall govern.
5767 Wildridge Road License Agreement
March 18, 2011 ejh
Page 1 of 5
a
Except for the encroachment and occupation of the Private Improvements
identified in this ¶ 3.1, no other encroachment, structure, improvement, vehicle,
fence, wall, landscaping, or any other real or personal property shall be erected,
installed, constructed, parked, stored, kept, or maintained in any way or fashion
on the Town Property, including but not limited to storage sheds, carports,
playground equipment, motor vehicles, snowmobiles or other recreational
equipment.
3.2. The encroachment and occupation as specified in % 3.1 above shall continue
from the date of this Agreement to the time that this Agreement is terminated.
The Town may terminate this Agreement at any time if the Town Council,
following a duly noticed public hearing, makes a legislative determination that
removal of the Private Improvements is necessary to protect the public health,
safety, or welfare of the Avon community. At such time as the Town Council
makes a determination that removal of the Private Improvements is necessary,
the Town Council shall also make a legislative determination regarding the
reasonable period of time within which the Private Improvements must be
removed. Except in the case of a public safety emergency or where a shorter
period of time is justified due to the nature of the Private Improvements, the
Licensee shall customarily not be required to remove the Private Improvements
within less than thirty (30) days of notice to the Licensee. The Town may also
terminate this Agreement at any time in the case of a declaration by the Town
Council for the Town of Avon that a public safety emergency exists by giving
written notice to the Licensee five (5) days in advance of the effective date of
termination.
3.3. The Licensee expressly agrees to, and shall, indemnify and hold harmless the
Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney's fee that are or
may be awarded as a result of any loss, injury or damage sustained or claimed to
have been sustained by anyone, including but not limited to, any person, firm,
partnership, or corporation, in connection with or arising out of any omission or
act of commission by the Licensee or any of its employees, agents, partners, or
lessees, in encroaching upon the Town Property. In particular and without
limiting the scope of the foregoing agreement to indemnify and hold harmless,
the Licensee shall indemnify the Town for all claims, damages, liability, or court
awards, including costs and attorney's fees that are or may be awarded as a
result of any loss, injury or damage sustained or claimed to have been sustained
by anyone, including but not limited to, any person, firm, partnership, or
corporation, in connection with or arising out of any claim in whole or in part that
all or any portion of the Private Improvements and encroachment permitted by
this Agreement constitutes a dangerous and /or unsafe condition within a public
right -of -way.
3.4. The Licensee agrees that it will never institute any action or suit at law or in
equity against the Town or any of its officers or employees, nor institute,
prosecute, or in any way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages, loss, or injury either
to person or property, or both, known or unknown, past, present or future, arising
as a result of or form the revocable license granted to the Licensee by this
5787 Wildridge Road License Agreement
March 1S, 2011 ejh
Page 2 of 5
a
Agreement. This provision includes but is not limited to claims relating to road
maintenance, snow removal or other public works activities performed by or on
behalf of the Town.
3.5. The Licensee agrees to construct, maintain, and repair the Private Improvements
placed or located on the Town Property by the Licensee or its lessees, agents,
employees, or other persons under the control or direction of the Licensee
pursuant to this Agreement at the cost and expense of the Licensee and at no
cost or expense to the Town. The Licensee agrees to remove or cover graffiti or
other damage caused to the improvement(s) within a reasonable time following
notice or knowledge of such damage or within forty -eight (48) hours of delivery to
the Licensee of a written demand by the Town, whichever is earlier. The
Licensee shall not erect, cause to be erected or permit the erection of any sign,
advertising object, or illustration upon any improvement, structure, fence, or wall
placed or located by the Town Property pursuant to this Agreement and shall
promptly remove any such sign or advertising.
3.6. The Licensee agrees that the Town is not liable, and will not assume any liability,
responsibility, or costs for any damage, maintenance, or repair of any Private
Improvements erected or maintained by the Licensee under this Agreement.
3.7. The Licensee agrees to repair and reconstruct any damage to the Town Property
upon termination of this Agreement or removal of the Private Improvements
described in 13.1 and any other improvements erected by the Licensee on the
Town Property and the Licensee shall return the Town Property to its original
condition at the cost and expense of the Licensee and at no cost or expense to
the Town. In the event that Licensee does not remove the Private Improvements
and repair and restore Town Property to the condition prior to this Agreement
within the time period determined in 13.2 above, then Licensee shall be deemed
to have abandoned the Private Improvements and any rights thereto and the
Town may proceed to remove the Private Improvements. The Town may seek
recovery of all costs incurred for the removal of Private Improvements from Town
Property, repair of damages to Town Property, and restoration of Town Property,
including legal costs and attorney fees.
3.6. The Licensee agrees to procure and maintain, at its own cost, a policy or policies
of insurance protecting against injury, damage or loss occurring on the licensed
premises in the minimum amount of $600,000.00 per occurrence. Such policy or
policies shall name the Town as an "additional insured ". However, the
Licensee's failure to take such steps to insure the premises shall not waive,
affect, or impair any obligation of the Licensee to indemnify or hold the Town
harmless in accordance with this Agreement.
4.0 ASSIGNMENT. The Licensee agrees that this Agreement shall be automatically
assigned to successors, assigns and heirs of the Private Property upon any conveyance
of the Private Property and that any such successor, assigns or heirs of the Private
Property shall become the Licensee.
5.0 COVENANT BURDENING LOTS WESTERN SAGE PUD. This Agreement shall
benefit and burden the Private Property and this Agreement shall run with the land (i.e.
5787 Wlldrldge Road License Agreement
March 18, 2011 ejh
Page 3 of 5
the Private Property) until terminated in accordance with the terms provided in this
Agreement.
6.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if personally served or if
sent by certified mail or registered mail, postage and fees prepaid, addressed to the
party to whom such notice is to be given at the address set forth on the signature page
below, or at such other address as has been previously furnished in writing, to the other
party or parties. Such notice shall be deemed to have been given when deposited in the
United States Mail.
7.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties.
If any other provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this
Agreement shall continue in full force and effect. Invalidation of the Agreement in its
entirety shall revoke any authorization, whether explicit or implied to the continuing use
and occupancy of the Town Property for the Private Improvements.
8.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Colorado and venue for any action arising under this agreement shall be in the
appropriate court for Eagle County, Colorado.
9.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
10.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, successors, heirs, and assigns;
provided, however, that nothing in this paragraph shall be construed to permit the
assignment of this Agreement except as otherwise expressly authorized herein.
11.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town
shall incur no cost or expense attributable to or arising from the construction,
maintenance, or operation of the Private Improvements and encroachment permitted by
this Agreement and that, in all instances, the risk of loss, liability, obligation, damages,
and claims associated with the encroachment shall be bome by the Licensee. This
Agreement does not confer upon the Licensee any other right, permit, license, approval,
or consent other than that expressly provided for herein and this Agreement shall not be
construed to waive, modify, amend, or alter the application of any other federal, state, or
local laws, including laws governing zoning, land use, property maintenance, or
nuisance.
12.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are
expressly authorized to execute this Agreement on behalf of the Parties and to bind their
respective Parties and that the Parties may rely upon such representation of authority.
13.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this
Agreement or to recover reimbursement costs for removal of private improvements from,
5787 Wlldridge Road License Agreement
March 18, 2011 eih
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EXHIBIT A�
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repair of any damages, and /or restoration of Town property subject to this Agreement,
Town shall be entitled to recover any and all legal costs and attorney's fees incurred.
14.0 RECORDING. The Parties agree that the Town may record this Agreement in the Office
of the Clerk and Record for Eagle County, Colorado.
15.0 NO THIRD PARTY BENEFICIARIES. This Agreement does not, and is not intended, to
create any third party beneficiaries.
DATED THIS ~ DAY OF IAeC11 , 20A.
OF AVp
TA \�A� Ar �•Iw�._
knrk � App to
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To or De wn Clerk For Tow omey s Office
LICENSEE:
By:
Print Name: Lc —sc iC /3 o 211
Address:
%'1�11,r�cx�S.a. 'U',4,t�iD
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STATE OF COLORADO ) L 5W 3 KS
) ss.
COUNTY OF EAGLE )
The _ forelgoing instrument was acknowledged before me this .2 S 4-k day of
c , 20 l t , personally by Les/ Bon's
BRIAN W. NESTOR
NOTARY PUBLIC Notary Public
STATE OF COLORADO
(SEAL) Commission expires: 12 I 1,3
5787 Wildrldge Road License Agreement
March 18, 2011 eJh
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