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Home My WebLink AboutLicense Agreement876301 04/2212016 03:44.36 PM Page 1 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31 00 Doc Fee $0.00 eRecorded LICENSE AGREEMENT IS LICENSE AGREEMENT is made and entered into the r?k day of gp r , 2016, by and between HIGH ASPEN RANCH HOMEOWNERS ASSOCIA[ION. INC. (the "Association-'), CRAIG FEti"NEMAN (" Fenneman') (the Association and Fennernan will be collectively referred to as "Licensors"), and PHIL AND LISA ENSIGN ("Ensign" or "Licensee' ), WITNESS1 TH; WHEREAS, High Aspen Ranch is a planned common interest community located in Garfield County. Colorado and subject to the Declaration of Protective Covenants for High Aspen Ranch recorded in the public records of Garfield County at Reception No. 794513 (the "Declaration"). WHEREAS, the Association is the homeowners association tor the High Aspen Ranch development; WHEREAS, Ensign owns Lot 23 of the High Aspen Ranch, according to the Planned Community Plat thereof recorded at Garfield County Reception No. 569345 and the Amended Community Plat for High Aspen Ranch recorded at Garfield County Reception No_ 571758, also identified as Garfield County Parcel No. "k 1872640 1023 ("Lot 23"1; WHEREAS, i:ennetnan owns Lot 21 of the High Aspen Ranch, according to the Planned Community Plat thereof recorded at Garfield County Reception No. 569345 and the Amended Community Plat for High Aspen Ranch recorded at Garfield County Reception No. 571758, also identified a. Garfield County Parcel No. 2187253041021 ("Lot 21"); WIIER.EAS, Ensign has constructed a domestic well to serve Lot 23 and wishes to locate a waterline to run from the well to his residence on Lot 23 (the "Waterline"); WHEREAS, the proposed location of the Waterline is shown on the map attached as Exhibit A (the "Map") that runs along the boundary with Lot 21, mostly on Lot 21, until it crosses back on to Lot 23 and runs towards the residence; WHEREAS, the proposed location of the Waterline is also located in portions of two easements that benefit the Association: (1) a "Lot Perimeter Easement" described in section 11.2 of the Declaration and identified or the Plats; and (2) an "Access and Utility "Easement: 876301 04/22/2016 03:44:36 PM Page 2 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $0.00 eRecorded identified on the Plats (collectively. the "Easernents''); Wl-1GRLAS, Erie Easements are non-cxclus ve and allow tor the location of utilities, including pipes and lines; r 1 -]FIR AS, Ensign wishes to locate the Waterline on a portion of Lot 21 and in the Easements as shown on the Map. as well as to access the Waterline for operation, maintenance. repair, and ceplacement thereto, and the Association and Fenneman are willing to Errant Ensign a license for such purposes, pursuant to that terms and conditions of this Agreement. NOW, THEREFOR_:, for and in consideration or the munial gaianiisess and covenants set forth ale:ein, and for other good and valuable consideration, the receipt and sufricicnc_y of which is hereby acknowledged, the parties agree as follows. 1. Recitals. The tbregoing recitals are incorporated by reference herein. '.leieenee. Licensors het eby gi ant Ensign a license to install and locate, at Licensee's sole cost and expense, the Waterline on Lot 21, and in the Easements, in the lecation shown on the Map. and few reasonable access to the Waterline for the operation, maintenance, repair. and replacement thereof. This grant oi' license is limited to the purpose of Licensee delivering water to his residence located on Lot 23 via the Waterline. Following the installation of the Waterline, Licensee shall restore the condition of Lit 21 and the driveway on Lot 21 as it previously existed, or as close thereto as possible, and shall be responsible for any damage caused thereto. Licensee's access and any operation:, ntaicltenance, repair, and replacement shall be performed upon reasonable notice and arranged in a manner which will nor materially interfere with the use of Lot 21 and the Association's Easements. Licensee shall be solely responsible for the cost to install, locate, operate, maintain, repair, and replace the Waterline. 3. Maine m Repair. Licensee shall be sole:y responsible for the costs of tell maintenance and repair. Licensee shall immediately repair any breaks or leaks discovered. in the event that Licensee rails to immediately repair any breaks or Teaks discovered, licensors may, but shal' not be required to, fix such breaks or leeks and Licensee shall immediately reimburse Licensors for all costs related to such repair. 4. °Perot. 'The term of the license shall he for an original period of fifty (50) years from the effective date of this License. The license shall automatically renew for one-year periods thereafter, unless Licensors provide one-year advance notice to terminate. The License Agi Bement may be alwu extended by mutual agreement of the parties. 5. Jll.i .nwjtj. atioit. Licensee agrees to protect, indemnify. defend_ and hold harmless 1. ieensors against any and all claims, damages, losses, expenses, suites actions, decree__ judgments, awards, liabilities, demands, attorneys- fees and court cow which any Licensor inn y sutler or which may be sought against or are recovered or obtainable from a Licensor, as a result of, or by reason of, or arising out of or in consequence of any act or omission, negligence or in any way whatsoever relatiitn to or arising out of this Agreement 876301 04/22/2016 03.44:36 PM Page 3 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee. $0.00 eRecorded 6 SeyeraI ilia . Should any portion of this Agtcetnent be declared invalid or unenforceable by a court cf competent jurisdiction, then the remainder of this Agreement shall be deemed severable. shall not be affected and shall remain in force and effect. r . Entire Agreement_ This Agreement is the etttne agreement of the parties, and neither party has relied on any promises or representations except as expressly described herein This Agreement may only be modified by a writing signed by all parties. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of -Colorado. The District Court in and fbr Garfield County, Colorado, shall be the exclusive venue for any dispute arising hereunder. In the event of such a dispute, the prevailing party shall be entitled to reasonable expenses, including attorney fees. 9. No Liens. Licensee shall keep the above-described property free and clear of any mechanics' or niaterialman's liens for labor performed or material furnished at the instance or request of Licensee or anyone claiming under Licensee. 1t1. Successors and Assiens. This Agreement shall be binding upon and inure to the benefit of the parties hereto. and their respective heirs, successors and assigns. 11. LecordatLon. This Agreement shall tie recorded in the public records of Garfield County, Colorado and shall be deemed to run with the land. I?. Authority. The parties represent and warrant that they have full right and lawtiil authority to enter into this Agreement and that no consent or approval of any mortgagee or other entity is required. 13. Counterparts. This Aeree nent may be executed in multiple counterparts, each of which shall be an orteinal, but all of which shall constitute one instrument. WHEREFORE. the parties have executed this agreement effective as of the date first written above. HIGH ASPF N RANCH HOMEOWNERS ASSOCIATION, INC. By: Nance: As: Fen 876301 04/22/2016 03:44:36 PM Page 4 of 5 Jean Alberico, Garfield County, Colorado Rec Fee $31.00 Doc Fee: $0.00 eRecorded STATE OF COLO *9O ) )ss. COUNTY OF i; :�: �:�ll ) The foregoing ;ir;1 wnent was acknowledged bgfore Erie this ..a . : 4 t�'' -i2i r . .-k.i1 i:arsnaS n"1 - Rana Homeowners Association, Inc. -J V"..540 day of of High Aspen Witness my hand and official seal. �} y My ComrnIss'on expires: i � � i kf ..:..0I a t. : sgQ1� (�(Jr.:` _, .�xti;t .,,:.*7.•,';' • . ''''r' ..,i =i. • `:-... l'O} . i).. , € s g3 ',,.)'.\1 . . Nottlry i'ubliE:. CRAIG FI NNLMAN Craig F nnetnan c COLOJiATY:) ) ss. COUNTY OF ::; { rhe foregoing instrument was acknowledged before me this �':.1 day of _e t s..,,....._.._..._ 2016, by Craig Fennemnn- Witness my band and official seal. My conunission expires: i 't' .'r- Notary Public PHIL ANL) USA PNSI(IN nix. s'•r. 876301 04/22/2016 03:44:36 PM Page 5 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee $0 00 eRecorded PHIL AND LISA ENSIGN Lisa Ensign STATE OF COLORADO COUNTY OF ge.� ) ss. 1 The foregoing instrument was acknowledged before me this Zday of ry 2016, by Phil Ensign, Witness my hand and offlcia My commission expires:2D. STATE OF COLORADO C:OUNTY OF Notary Iire ANGELIQUE PE1TERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114003802 MY COMMISSION EXPIRES JAN. 24, 2019 The foregoing instrument was acknowledged before me this2 day 2015, by Lisa Ensign. Witness my hand and officio, seal My commission expires: 24/Pn (el of ANGELIQUE PErrERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114003802 MY COMMISSION EXPIRES JAN. 24, 2019