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HomeMy WebLinkAbout4.0 License Agreement for Encroachment111 FaIMICIMPOIL fii lAilthUhrill1 i 1111 Recept ian# : 890400 Q312112617 03:28:52 PM Sean Alberto° 1 of 4 Rea Fee:$33.60 Cop Fee:0.00 GARFIEI.fl COUNTY CO LICENSE AGREEMENT FOR ENCROACHMENT This LICENSE AGREEMENT (this "Agreement") is made between Aspen Glen Golf Club Management Company, a Colorado corporation whose address is 3030 LBJ Freeway, Suite 600 Dallas, TX 75234 ("Golf Club" or "Licensor"), and K A & M Pitkin Partners, LLC, a Colorado limited liability company, whose address is 5419 Wateka, Dallas, Texas 75209 ("KA&M" or "Licensee"), and effective as of the date last executed (the "Effective Date"). RECITALS Whereas, KA&M is the owner of certain real property, described as Lot H27, Aspen Glen, Filing No. 7, according to the plat thereof recorded September 23, 1999, as Reception No. 552596, which is depicted on Exhibit A attached to and incorporated into this Agreement (referred to below as the "Property"); and Whereas, the Property is encumbered by that certain Golf Course Corridor Easement, recorded in the Garfield County records on April 6, 1995, in Book 936 at Page 314, as depicted on Exhibit A ("Golf Course Easement"); and Whereas, a predecessor owner of the Property constructed certain permanent improvements upon the Property, a portion of which encroach upon the Golf Course Easement, including a concrete patio, a covered patio, and a bay window; and Whereas, it is the intent and desire of the parties to come to create a license which grants Licensee the right to permanently encroach upon the Golf Course Easement pursuant to the terms of this Agreement. Now, therefore, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: AGREEMENT A. Grant of License. Licensor grants to Licensee an exclusive license (the "License") to occupy and use, subject to all of the terms and conditions of this Agreement, the portion of the Property depicted as the "Encroachment Area" on Exhibit A ("Licensed Area"). The Licensed Area is improved with a concrete patio, covered patio, and bay window ("Improvements"). B. Use of Licensed Area. Licensee shall use and occupy the Licensed Area solely for residential purposes. Licensee shall neither use the Licensed Area permit use of the Licensed Area by any other person in a manner that violates any law or regulation, may be dangerous or constitutes a public or private nuisance. If, in the reasonable opinion of Licensor, Licensee is violating its obligations under this Agreement, Licensor shall provide Licensee written notice of such violation and a reasonable opportunity to cure the same. C. Duration; Termination. This License shall be perpetual and shall continue until such time as the Improvements within the Licensed Area are entirely destroyed, removed, terminated, or moved, in which case this License shall automatically terminate, and the owner of the Property may rebuild such Improvements, but they shall be located entirely outside of the Golf Course Easement. D. Maintenance. Licensee may maintain the Improvements 'dr replace the Improvements with substantially similar materials, but shall not expand them in any way beyond their current condition or License Agreement — H27 Encroachments Afrr.rtvNl. rrlun5 le! Bakcmb & Cran. P.C. P.O. Comer 710 Clem oad Springs, C0111602 Page 1 of 3 X1111 r i''Ir',ltllitlii iiMIKUIVINlIlIWi ll111 Reception#: 890400 03!2112017 03:28:52 P11 Jean Rlbarieo 2 of 4 Red Fee:$33.8m Doo Fea:0.80 GARFIELD COUNTY CO location on the Licensed Area without Licensor's consent. Licensee, at its sole cost, shall keep the Improvements and the Licensed Area in good condition and repair and in compliance with all applicable governmental laws, statutes, ordinances, resolutions, rules and regulations. E. Indemnification. Licensee hereby agrees to indemnify, defend and hold harmless the Licensor, its officers, directors, members, managers, partners, shareholders, employees, agents, contractors and successors -in -interest, and any affiliates or subsidiaries of the foregoing (collectively, the "Licensor Parties"), from and against any and all expenses, suits, actions, judgments, attomeys' fees, claims, demands, liability or damages received or sustained by any person or persons or property arising out of, occasioned by, or in connection with Licensee's use of the Licensed Area, the presence of the Improvements on the Licensed Area, or any acts or omissions of Licensee or Licensee's agents, employees, contractors, subcontractors, suppliers or invitees in connection with the Improvements, the License or the Licensed Area. Licensee's obligations under this paragraph shall survive any termination of this Agreement. F. Condition of Property Not Warranted. Licensee has inspected the physical state of the Licensed Area and represents that it is suitable for Licensee's intended purposes. Licensor does not warrant or represent that the Licensed Area is safe, healthful, or suitable for the purposes and uses permitted under this Agreement. Licensed use of the Licensed Area shall be in an "as -is" condition with no warranty whatsoever. G. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of Colorado. Both parties agree that venue for any dispute arising out of this Agreement shall be in Garfield County, Colorado. H. Merger, This Agreement constitutes the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. I. Amendment. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. J. Notices. All notices hereunder must be in writing and shall be given by certified mail, return receipt requested or by nationally recognized overnight delivery service, addressed as follows or any other address that the Party to be notified may have designated to the sending Party by like notice: LICENSOR: LICENSEE: Aspen Glen Golf Club Management Company 0545 Bald Eagle Way Carbondale, CO 81623 Attention: General Manager With a copy to: Aspen Glen Golf Club Management Company 3030 LBJ Freeway, Suite 600 Dallas, TX 75234 Attention: General Counsel KA&M Partners, LLC 5419 Wateka Dallas, TX 75209 License Agreement — H27 Encroachments Page 2 of 3 1111 Iirainii l4Iillti 11111 Receptienf: 890400 43/21/2017 03:28:52 PM Jean Alberico 3 of 4 Rec Feo,$33.00 Doo Fee:0.00 GARFIELD COUNTY CO With a copy to: The address on record for the owner of the Property at the Garfield County Assessor's Office, provided such address is publicly available. Notice shall be deemed received on the date of delivery. No notice to either party hereto shall be deemed given or received unless the entity noted "With a copy to" is simultaneously delivered notice in the same manner as any notice given to either party hereto. K. Runs with the Property. This License shall be appurtenant to, and shall run with, the Property, and shall be binding upon the parties' respective successors and assigns. L. Recordation. This Agreement may be recorded in the clerk and recorder's office of the county in which the Licensed Area is located. M. Attorney Tees. In the event that either party initiates litigation to enforce any provision hereof, then the party prevailing in such litigation, whether the party initiating litigation or otherwise, shall be entitled to reasonable attorneys' fees, expert witness fees, court costs, and all costs of such litigation. N. Property Title. This Agreement does not convey any fee simple interest or any other right or interest in or to the Licensed Area except for the rights and purposes specifically granted herein, and this Agreement covers no property other than the Licensed Area. No warranty of title to any property is given hereunder, and the License herein given to Licensee is subject to all encumbrances, conditions and reservations upon or under which Licensor holds the Licensed Area. Licensor: Aspen Glen Golf Club Management Company, a Colorado corporation By: Ingrid Keis Its: Secretary Dated: 3/q (4ZD Licensee: K A & M Pitkin Partners, LLC By: E izabeth Jeffet Its: Manager Dated: 3,_, 1', _ 24 7 License Agreement - H27 Encroachments Page 3 of 3 h•141,7-7117 191intI IPiWNIZFib'OMI#ili ©•dl BweM1e.: PO JI t4 o O. =76462 Ptl Jw, AIfm is. 444 Fw: .M OR.FIELO COUNTY CO 7 IMPROVEMENTLOCATION- CERTIFICATE Lot N27, Aspen Clen, Faking No. 7 According to the Plat recorded as Reception No. 552596, County of Carfield, State of Colorado X26 L° 5 MRS ser er ere• seer n4ev+ w..�a31a.r4r & • t. II I • .. . 111 MR 1•• �1W 7Y o p cry. 444 4w - Axe 1r rr`le Mew trw h. (444.7 Arm, Vie l s9 • ear aloe., T r.. - 1 OW= SCALE 1 1 . 1..01 rr-f ► P-a/Wm. /4.m. eie 14 - d3a4 e.r..r ®- are 4444 0 - n.. newer ®- elk ia..a4174 R - 4 w333 3 ® -ma* mow -iii -x4.441 Ml[ 934E sib r/ - MM. 4M..w... 17:17'777LS S604,12)7M sehlaaBS 92S (4474` 4443. 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