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HomeMy WebLinkAboutC87-127 License Agreement with Granville Conway17 LICENSE AGREEMENT August AGREEMENT made this 4th day of �=E1-y, 1987, between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, whose address is 551 Broadway, P.O. Box 850, Eagle, Colorado, 81631, herein called "Licensor", and GRANVILLE CONWAY, whose address is 0445 Mountain View Road, Carbondale, Colorado, 81623, herein called "Licensee", WITNESSETH: WHEREAS, Licensee are the owners of Lot 10, Aspen Mesa Estates in the County of Eagle and State of Colorado; and WHEREAS, in conjunction with the improvements located on the premises, a propane tank and related construction was installed in the right of way of the County Road adjacent to said lot; and WHEREAS, the parties have agreed that the propane tank will be allowed to remain in the right-of-way under the terms and conditions stated herein. NOW, THEREFORE, for and in consideration of the mutual promises herein contain, the parties agree as follows: 1. Grant of License. Licensor hereby grants to Licensee a license to occupy and use, subject to all the terms and conditions hereof, a portion of the right-of-way of the County Road as depicted on the Improvement Location Certificate annexed hereto as Exhibit "A". In the event Licensor shall need the portion so described for road or utility purposes, then Licensor shall be entitled to terminate this license on forty-five (45) days' notice. 2. Limitations of Use. The portion of the right-of-way in which the propane tank and its appurtenances are located shall be occupied and used by Licensee solely for the purpose of maintaining the propane tank and for any incidental purposes relating thereto during the period beginning July 31, 1987, and continuing until August 1, 1992. Licensee shall not place any other buildings or improvements in the right-of-way other than necessary replacements for the now existing tank and appurtenances. 3. Consideration and Title. This permission is given to Licensee as an accommodation to Licensee and shall be rent free. Licensee hereby acknowledges the title of Licensor to the above described right-of-way and agrees never to assail, resist or deny such title. 4. Indemnification. Licensee shall indemnify Licensor from any and all liability for personal injuries, property damage or loss of life or property resulting from, or in any way connected with, the condition or use of the premises covered by this license, or any means of ingress thereto or egress therefrom, except liability for personal injuries, property damages or loss of life for property caused solely by the negligence of Licensor. 5. Renewal. The term of this agreement shall be renewable only upon written notice and consent of all the parties hereto. 6. Assignment. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 7. No Warranty. Licensor does not make any warranty or representation that the premises are safe, healthful or suitable for the purposes for which they are permitted to be used under the terms of this license. 8. Headings. The subject headings for the articles and sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 9. Modification and Waiver. This Agreement, including any exhibits or addendums, constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 11. Governing Law. This agreement is made under, and is to be construed and enforced, in accordance with the laws of the State of Colorado. 12. Severability. In the event any part of this Agreement is found to be void, the remaining provisions of this Agreement shall nevertheless be binding with the same effect as though the void part was deleted. IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year written below. LICENSOR: THE BOARVOF CPUNTY COMMISSIONERS OF EAGIj9 COUNTY, COLORADO By: Date: August /+ , )�9 8 7 LICENSEE: 11 G ar nville Conway Date: -2- Li c-r4_10,01,ti ayoc t dL-PY FvraV e ' ' . WctzY Va.,,tk, It o z .3 z �0 s V J , N 0 Legal Description: Lot 10, Aspen Mesa Estates - Unit II, Eagle County, Colorado. LcA_- 10 74.3t' 0 a a a� N w 9 S2� re�czr E cp �rvt czar �ecQ \' Y �.S. 1 �4 111 1— I hereby certify that on April 27, 1987, a survey was conducted by me and under my direct supervision of the above described parcel of land. A two-story frame house was found to be on said parcel as shown on this plat. All easements, en- croachments and rights-of-way in evidence or known to me are shown.. This survey is true and accurate to the best of my knowledge and belief. By: SyVty ncicomeP.L.S. 14111 a, ��, °.► ►!e t� f t 1 r � ray ,.� j ZW45 Vov eY VtP_A .. SL. _,Y' V l_LLY �olti-QL2_t�', t_..� 10'rCZC�L'j BY L11VES /N SPACE SYDNEY L/NC/COME (L.S. /4///) BOX 121 CARBONDALE COLO. 303-963-3852 2.8 ,YL ig8'7 SCALE:I"= 1"40'