REVOCABLE ENCROACHMENT LICENSE AGREEMENT

Size: px

Start display at page:

Download "REVOCABLE ENCROACHMENT LICENSE AGREEMENT"

Corey Snow
5 years ago
Views:

1 REVOCABLE ENCROACHMENT LICENSE AGREEMENT THIS REVOCABLE ENCROACHMENT LICENSE AGREEMENT (the "Agreement") is made this day of, 201, by and between the CITY OF GREENWOOD VILLAGE, COLORADO (the "City"), a Colorado home rule municipality with a legal address of 6060 South Quebec Street, Greenwood Village, Colorado and SOUTHEAST CENTER FOR JUDAISM, dba AHAVAS YISROEL, with a legal address of 9550 East Belleview Avenue, Greenwood Village, Colorado ("Licensee ). WHEREAS, the City and Licensee previously entered into a Revocable Encroachment License Agreement dated March 24, 2004; and WHEREAS, Licensee desires to enter into a new Agreement changing the boundaries of the prior agreement and some of the terms and conditions therein; and WHEREAS, the City and Licensee intend to replace the March 24, 2004 Revocable Encroachment Agreement with this new Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. LICENSE Subject to all the terms and conditions hereto, the City hereby grants to Licensee a license to occupy and use its rights-of-way and property (the Property ) and for the purpose of erecting an Eruv as set forth in Exhibit A and paragraph 2 herein. 2. TERMS OF AGREEMENT The Property may be used and occupied by the Licensee for the purpose of construction and maintenance of an Eruv over and on a portion of the City s rights-of-way and City-owned property in a manner as depicted in Exhibit B. Licensee must obtain a right-of-way permit and permission of any private or other governmental entities upon, across, or over whose property the Eruv is erected. 2. TERMINATION Either party may terminate this Agreement by giving written notice to the other party specifying the date of termination, such notice to be given not less than thirty (30) days prior to the date specified therein. Upon termination the Property shall be returned to its original condition at the Licensee s own expense. Should the Licensee move to another location or the Eruv become no longer necessary,

2 Licensee is responsible for removing the Eruv improvements within one hundred eighty days, unless additional time is requested from and granted by the City. 3. MAINTENANCE. Licensee shall, at its own expense, keep and maintain in good repair the area, any fixtures and structures constructed, placed, or maintained on the Property and within ninety (90) days of termination of this Agreement, shall remove such fixtures, or the City may have them removed at the Licensee s expense. Licensee is responsible for annually obtaining a blanket maintenance right of way permit for any subsequent repair of the Eruv improvements. The City will not maintain the Eruv improvements. If the Eruv improvements are damaged or broken during any rights-of-way maintenance activity or other work in the rights-of-way or city-owned property, the City will not be responsible for repairing the damage to the Eruv improvements. 4. DAMAGE TO PROPERTY Licensee shall be responsible for all damage to the Property arising out of or resulting from the use of the Property by the Licensee. The City shall notify Licensee immediately upon discovery of any damage to the Property. Licensee shall correct and repair the damage within one (1) week of notification or knowledge of the damage unless otherwise directed by the City. If the City deems repairs to the Eruv improvements are necessary, Licensee will complete those repairs within 48 hours, or 72 hours if the repair falls on a two day Jewish holiday. The Eruv improvements shall not unnecessarily hinder or obstruct the free use of the public rights-of-way or other city-owned property, interfere with the travel and use of the public rights-of-way by the public during the construction, repair, operation or removal thereof, or obstruct or impede traffic. A minimum of 16 feet of overhead clearance in the public right-ofway shall be maintained. Licensee must adjust the location of the fishing line if it conflicts with the signal maintenance operations. Licensee must perform a weekly inspection of and perform any necessary maintenance to the Eruv improvements to assure that the improvements remain intact and free from debris. 5. INDEMNIFICATION Licensee agrees to indemnify and hold harmless the City, its officers, employees and insurers, from and against all liability, claims and demands arising out of the placement, use and operation of the Property. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims or demands at his sole expense, or, at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with any such liability, claims or demands. Licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims or demands alleged are groundless, false or fraudulent. 2

3 6. INSURANCE Licensee agrees to procure an insurance policy which includes and covers the Property that is the subject of this Agreement, and to name the City as an additional insured thereon. Such insurance policy shall at a minimum include liability and property damage insurance, with a combined single limit for bodily injury and property damage of one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence. A Certificate of Insurance showing the City as an additional insured shall be provided to the City within thirty (30) days of execution of this Agreement, and annually thereafter. The failure to provide the Certificate of Insurance shall be grounds for immediate termination of this Agreement and revocation of the license granted herein. 7. NOTICES Any notice given pursuant to this Agreement by either party to the other shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: To the City: To Licensee: City of Greenwood Village c/o City Manager 6060 South Quebec Street Greenwood Village, CO Southeast Center for Judaism dba Ahavas Yisroel 9550 E. Belleview Avenue Greenwood Village, CO MISCELLANEOUS A. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, subject to any other conditions and covenants contained herein. B. Applicable Law and Venue. The laws of the State of Colorado and applicable federal, state and local laws, rules, regulations and guidelines shall govern this Agreement, and the venue for any legal proceeding arising out of this Agreement shall be Arapahoe County, Colorado. C. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. Provided, however, that the parties agree that the City Manager, in his reasonable discretion, can approve minor revisions to the location, materials or 3

4 mechanism of attachments of the Eruv improvements. Expansion of the boundary in the future will be determined by City Council. D. Headings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. E. Assignment. Licensee may not assign or transfer this Agreement, except upon the express written authorization of the City. F. No Third-Party Beneficiaries. Except as expressly provided herein, there are no intended third-party beneficiaries to this Agreement. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. H. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the City may have under the Colorado Governmental Immunity Act, C.R.S , et seq., as amended. I. Integration. The foregoing constitutes the entire agreement between the parties and no additional or different oral representation, promise, or agreement shall be binding on any of the parties hereto with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective the day and year first above written. CITY OF GREENWOOD VILLAGE ATTEST: By: Ronald J. Rakowsky, Mayor Susan M. Phillips, City Clerk APPROVED AS TO FORM: Tonya Haas Davidson, City Attorney 4

5 LICENSEE: By: STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed, sworn to and acknowledged before me by, as the of, this day of, 201. Witness my hand and official seal. (SEAL) My commission expires: Notary Public 5

SHORT TERM REVOCABLE PERMIT AGREEMENT

SHORT TERM REVOCABLE PERMIT AGREEMENT THIS SHORT TERM REVOCABLE PERMIT AGREEMENT is entered into as of the day of, 20, by the CITY OF WHEAT RIDGE, COLORADO (hereinafter "City"), and to (hereinafter "Permittee"),