HomeMy WebLinkAbout1992 Resolution No. 098RESOLUTION NO . 2%....
SERIES OF 1992
A RES OLUTIO N APPROVING A LICENSE AGREEME NT BETWEEN THE CITY OF
ENGLEW OOD AND LITILETON PUBLIC SCHOOLS .
WHEREAS , th e City of Engl ewoo d mo ved a fenc e surroun ding th e City's She rman Water
Tan k; and
WHEREAS, th e 4' area described in the Licen .. Agre,ment is adjacent to Field
El ementary School, a Littl eton Publi c School, and Littletw Public Schools wish es to
maintain thi s 4' area so that it is aesthetically contiguou1 with the Field Elementary School
w ounds ; and
WHEREAS , the License Agre e. 1ent will allow the Littleton Public School s to maintain
the 4' easement adjacent to Field Elem entary School and t he City will retain all rigM to
operate, maintain , instaJI , repair . remove or relocate any ofits f'aci1it ies located within the
City's prop erty ;
NOW , THEREFORE , BE IT RES OLVED BY THE CITY CO UNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THA"I':
Si:diJin..l. The Licen se Agre ement between the City of Englewood and the Littleton
Public School s is hereby approved . The License Agreement gives the LitUeton Public School s
the right to mai ntain the 4' easement adjacent to Field Elementary School so that it fa
aes thet ically co ntiguous with th e Field Elementary School 1,'TOunda and the City of
Englewood shall retain all right to operate, maintain, in!itall , repair, remove or relocate any
of its facilities located within the City'1 prop,,rty.
ADOPTED AND APPROVED this 21 st day of December, 1992.
ATIEST :
~t~W ~lr'
Patrici a H. Crow, City Clerk
I, Patri m H. Crow, City Clerk fo r P,';'-r ;,y of Eng lewoo d, Coiorodo, hereby ce rt ify the
above is a Lrue copy of Reso lution No .&_, ~eri es of 1992 .
y}1tt;<.c ~ f:,._a .J
Patricia H. Crow
Date
December 21 , 1992
INITIATED BY
STAFF SOURCE
COUNCIL COMMUNICATION
Agmdalmn
11 a
Utilities Department
Subject License Agreement
Littleton Public Schools
Roger W. Fraser, Oty Manager
ISSUF/ACTION PROPOSED
Staff requests Council's aduption of a resolution approving the License Agreement
submitted by Littleton Public Schools for maintenance of an easement.
PREVIOUS COUNCIL ACTION
Council considered this item on the December 7, 1992 agenda. Staff requested approv al by
Council motion; however, a resolution is proper in this instance .
BACKGROUND
Littleton Public Schools submitted a License Agreement to maintain an easement adjacent to
Field Elementary. The City reserves the right to make full use of the property necessary in
the operation of the City. The City retains all right to operate, maintain, install, repair,
remove, or relocate any of its facilities located within the City's property.
STAFF ANALYSIS
The easement area that Littleton Public Sch ools wishes to maintain was created when th e
City mo ved a fence surrounding the Sherman Water Tani<. The 4' area describe d in th e
License Agreement is adjacent to Fi el d Elementary at 5402 S. Sherman St. Littl e ton Public
Schools wishes to maintain thi s area so it is aesthetically contiguous with the Field
Eleme nt ary School ground s.
FINANCl ·>;~
None.
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
day of
19 , by and between the CITY OF ENGLEWOOD, a
mu-n~i-c~i-p_a_l~c-o-rporation of Colorado, hereinafter referred
as "City" and
tc,
_____ LITLETON PUBLIC SCHOOLS ___________ _
hereinafter referred to as "Licensee,"
WITNESSETH:
The City without any warranty of its title or interest
whatsoever, hereby authorizes Licensee to maintain a parcel
of land owned by the City.
A parcel of land situated in
the_~------------of Section ________ _ Township _______________ Range
of the P .H., county of A_r_a_p_a~h_o_e_,-s~t~a-t,-e-o"""f
Colorado and lying within the following described lines:
SEE ATTAC HED DRAWING
The above-des cr.ibed parcel c ontains ___________ _
acres, more or less.
1. In granting this Lic~nse, the City reserves the right to
make full use of the property involved as may be necessary
o r convenient in the cperation of the City and the City
retains all right to operate, maintain, install, repair,
rem ove or r elocate any of its fa c ilities located within th e
City's property at any time and in such a manner as it dee ms
necessary or convenient. In th e e ve nt Licensee's
install a tions should interfere with the City's use or
operation of its property, at any time hereafter, Licensee
shall, upon request by the City and at Licensee's sole
expen ~~, immediately relocate, rearrange or remove its
installation so as not to interfere with any such City use
and to remove the installation of Licensee when necessary or
conven ~ent for the City, its successors or assigns .
2. The City shall have the right to maintain, install,
repair, remove or relocate any of its facilities or
installations within the City's property, at any time and in
such m~nner as the City deems necessary or convenient . The
City reserves the exclusive right to control all easement~
and installations.
J . The rights and privileges granted in this License shall
be subject to prior agreements, licenses and/or grants ,
recorded or unrecorded, and it shall be th~ Licensee's sole
responsibility to determine the ex i stence of said documents
or conflicting uses or installations.
4 . The Licensee shall have the right to maintain the above
described parcel including but not limited to planting and
trimming grass, shrubbery and/or trees, fertilization and
irrigation and removal of trash and brush.
5. Access to the parcel by City personnel must be
maintained by Licensee for inspection and maintenanc~.
6 . No construction shall be allowed on this parc~l without
express written permission from the City .
8. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall
terminate, but is obligation to indemnify and save harmless
the City, its officers and employ ees , shall not terminate in
any event.
9. The rights granted Licensee here un der may not be
assigned without the written consent of the City.
1 0 . Licen s e e shall comply with all applicable laws and
ordinances a nd all rule s , regul ations and requirements o f
dny environmental standards and conditions of th e premises .
I f , as a result of the Licensee's occupancy of the premises
and i t s operations hereunder, any such law, ordinance, rule ,
r equla t ion is vi olated , Li censee shal~ protect, save
harml ess, de fend and i nd em nify City from and against any
penalti e s , fin ~s, cob t s and expenses including legal fees
and court costs i ncur 1·e d by City , caused by, r esu lting from
or connecte d with suc h violati on or violations .
In granting the above authorizati on, the City reserves the
rig~t to make full use of the property involved as my be
ne c essary or conve nient in the operation of the water works
p l e nt a nd s y ot em under the control of the City.
IN WITN ESS WHE~EOF, this instrument has been executed
as of the d 1y and fear first above written.
APPROVElJ :
Attest
City Clerk
APPROVED AS TO FORM:
LICMNTl
CITY OF ENGLEWOO D,
Mayor
LI CE~!SEE:
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