06-01-1994 Tract G Lease AGLICENSE AGREEMENT ORIGINAL
THIS LICENSE AGREEMENT, effective as of the day of
, 1994, is made by and between TOWN OF AVON, a
Colorado municipal corporation ( "the Town ") and VAIL ASSOCIATES,
INC., a Colorado corporation ( "VAI").
RECITALS
1. The Town is the sole owner of that certain property
located in Avon, Colorado more particularly described as Tract G,
Block 2, Benchmark at Beaver Creek, Town of Avon, Colorado
according to the map recorded on September 5, 1978 in Book 274 at
Page 701 in the records of the Eagle County, Colorado, Clerk and
Recorder (the "Property ").
2. VAI desires the Town to grant to VAI, its successors and
assigns, a license on that portion of the Property as more
particularly described on Exhibit A, attached hereto and by this
reference made a part hereof (the "Licensed Parcel "), for the
purpose of, at VAI's sole cost and expense, constructing,
reconstructing, maintaining and /or operating a playground for a
child care center and direct and incidental uses related to a child
care center (collectively, the "Purpose ").
3. Subject to the terms of this License Agreement, the Town
desires to so grant VAI a license to use the Licensed Parcel for
the Purpose.
AGREEMENT
NOW THEREFOR, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Town hereby grants
and conveys to VAI and its successors and assigns, an exclusive
license on the Licensed Parcel to be used for the Purpose (the
"License ").
The License may be used by VAI, its subsidiaries and
affiliates, their respective officers, directors, agents, servants,
employees, licensees and invitees (collectively, the "Permittees ").
The License shall commence on the date first written above
(the "Commencement Date ") and expire one year later; thereafter,
the License shall automatically renew for successive periods of one
year each, commencing on the anniversary of Commencement Date and
expiring one year later. During the term of the License, the
License will run with the Property and be a burden to the Property
so that a transfer of all or any portion of the Property containing
the License shall transfer the burden of the License. The Town
warrants title to the Licensed Parcel against all persons.
The Town, on behalf of itself and its successors and assigns,
agrees not to grant any other license or easement on the Licensed
Parcel, or to construct, build or erect any improvement, building,
landscaping element or device, or take any other action on the
Licensed Parcel which would in any manner substantially interfere
with, obstruct or impede the use and enjoyment of the License or
the rights contained herein.
VAI shall indemnify, defend and hold harmless the Town, its
officials, agents and employees of and from any and all demands,
claims, liability, actions and causes of action whatsoever, arising
out of or related to any loss, damage or injury to person or
property as a result of VAI's or its Permittees' use of the
License. VAI shall carry and maintain, in full force and effect,
at its sole cost and expense, commercial general liability
insurance in such amounts and with such provisions as shall
adequately cover VAI's obligation to indemnify the Town, its
officials, agents and employees as described above.
The Town may terminate the License at any time upon occurrence
of the following: (a) VAI shall have failed to use the Licensed
Parcel for the Purpose; (b) the Town shall have given VAI 30 days'
prior written notice of the Town's intent to terminate the License;
and (c) VAI shall fail to cure its default within such 30 day
period. In the event of any such termination in accordance
herewith, the License shall be null and void upon the Town's
recording of an affidavit of termination in the records of the
Eagle County, Colorado Clerk and Recorder and the entire interest
of VAI and its successors and assigns in the License shall revert
to and be vested in the Town and its successors and assigns, free
and clear of all claims of VAI. VAI agrees that, upon any such
termination, it shall (y) promptly execute and deliver to the Town
an instrument in form and substance reasonably satisfactory to the
Town terminating the License and reconveying to the Town all of
VAI's right, title and interest in and to the License; and (z)
promptly quit and surrender to the Town the Licensed Parcel in good
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condition, which condition must be as similar as reasonably
possible to the condition of the Licensed Parcel which existed on
the day immediately preceding the Commencement Date.
Executed the day and year first above written.
ATTEST:
By:
ATTEST:
�14W�d / _
Secretary
TOWN OF AVON
By:
Title w,
VAIL ASSOCIATES, INC.
By:
V I« President
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STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing License Agreement was acknowledged before me
this day of , 1994 by
as and as
of Town of Avon, a Colorado municipal corporation, on
behalf of such government.
Witness my hand and official seal.
My commission expires
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing License Agreement was acknowledged before me
this day of , 1994 by C,:3 evvq U I ,j
as i � President and N • U,devWoo s Si
Secretary of Vail Associates, Inc., a Colorado corporation, on
behalf of such corporation.
Witness my hand and of
My commission expires
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Exhibit A
(Attached to an forming a part of
the License Agreement,
dated June 1, 1994, between
Town of Avon and Vail Associates, Inc..)
THAT PORTION OF THE PROPERTY
CONSISTING OF THE LICENSED PARCEL