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Home My WebLink About7630Reception #: 1082161 Date: 06/02/1995 Time: 922 Book: 2807 Page: 582 Chris C. Munoz Inst.: RES Rec Fee: 30.00 Doc Fee: 0.00 Page: 1 of 6 Pueblo Co.Clk. &Rec. RESOLUTION NO. 7630 A RESOLUTION APPROVING A PARKING LICENSE BETWEEN WATERLINE BREWING COMPANY, GEORGE A. ANDREWS, AND THE CITY OF PUEBLO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: c�r r The Parking License dated April 7, 1995, between Waterline Brewing Company, LLC, a Colorado Limited Liability Company, Pueblo, a Municipal Corporation, and George A. Andrews, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Parking License in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same, and to record said Parking License in the office of the Pueblo County Clerk and Recorder. off. ATT�Srt: `' • . . INTRODUCED May R ,1995 By Patrick Avalon Councilperson APPROVE President of the Council MR A , . - - Book: 2807 Page: 583 Chris C. Munoz Page: 2 of 6 Pueblo Co.Clk.&Bec. PARKING LICENSE THIS PARKING LICENSE entered into as of , 1995 between WaterLine Brewing Company, LLC, a Colorado Limited Liability ompany (the "Permittee "), Pueblo, a municipal corporation (the "City ") and George A. Andrews (the "Andrews "). Andrews and City are herein collectively referred to as "Permittors ". WHEREAS, Andrews is the record owner of and granted to City a drainage easement including the right to construct and maintain a drainage channel and other drainage facilities upon, across, under and over certain real property a portion of which is described on the attached Exhibit "A ") (the "Property ") which was recorded January 26, 1995 in Book 2781, Page 888 of the records of the Pueblo County Clerk and Recorder (the "Easement "), and WHEREAS, Permittee is the owner in fee of a parcel of land adjoining the Property known as 102 South Oneida Street, Pueblo, Colorado (the " Permittee's Property ") and desires that Permittors grant to Permittee a license to use the Property as a private parking lot, and WHEREAS, Permittors are willing to grant to Permittee a license to use the Property as a private parking lot subject to and conditioned upon the terms and covenants of this Parking License; NOW, THEREFORE, Permittee, Andrews and City in consideration of the foregoing and mutual covenants contained herein agree as follows: 1. Permittors grant to Permittee the right to use the Property as a private parking lot and to construct a private parking lot upon the Property for such purpose, provided, (i) any such parking lot shall be constructed, installed, used and operated in compliance and conformance with all appli- cable ordinances and resolutions of the City, and (ii) all plans and specifications for the parking lot and any modification thereto shall be first approved in writing by City's Director of Public Works. 2. Permittee has read and is familiar with the terms of the Easement, acknowledges that the Property may be flooded from time to time, agrees that the City's right to use and occupy the Property is paramount to Permittee's use of the Property for a parking lot, and agrees not to use the Property for any purposes inconsistent with or which interferes with City's rights and privileges under the Easement. 3. Permittee shall install conspicuous signage on the Property warning the users thereof that the Property is located in a surface water drainageway and may be flooded from time to time. 4. Permittors grant to Permittee the right of ingress and egress over and across the real property of Permittors adjoining the Property for the purpose of constructing, installing and main- taining the parking lot, provided Permittee will promptly restore such adjacent property and Permittors' other property damaged during Permittee's construction, installation or maintenance of the parking lot. Book: 2807 Page: 584 Chris C. Munoz Page: 3 of 6 Pueblo Co.C1k.&Rec. 5. This Parking License and the parking lot privilege and license herein granted (i) shall be used only in conjunction with the business conducted on Permittee's Property by the directors, officers, agents, contractors, employees and business invitees of Permittee, (ii) shall not be assignable or transferrable to any other person or entity, except to a subsequent owner of record or lessee of Permittee's Property, (iii) shall terminate in case of abandonment or non -use for a period of six months or more, (iv) may be terminated by Andrews or City upon the default or nonperformance of Permittee hereunder if such default or nonperformance is not corrected within sixty (60) days after either City or Andrews gives written notice to Permittee specifying the default or nonperformance, and (v) Andrews agrees to grant this Parking License for a period of 10 years after which time termination of this Parking License may occur with a 12 month written notice to the Permittee. 6. Permittee shall indemnify and hold Permittors harmless from and against any and all claims, actions and liability whatsoever, and all costs of defense thereof including reasonable attorney fees, resulting from or arising, directly or indirectly, out of the construction, installation, maintenance or use of the Property as a parking lot or the acts or omissions of Permittee, or its officers, agents, employees, contractors or invitees. 7. Permittee shall maintain comprehensive general public liability insurance including contractual endorsement and use its best efforts to obtain flood insurance covering the Property and its use as a parking lot in amounts not less than $1 million naming the Permittors as additional insureds. 8. Permittee shall be responsible for payment of property taxes on the improvements made by the Permittee to the Property. 9. This Parking License shall be binding upon and inure to the benefit of the Permittee and Permittors and their respective successors and assigns and be interpreted and applied in accordance with Colorado law. Signed at Pueblo, Colorado the day and year first above written. PERMITTORS PERMITTEE WaterLine Brewing Company, LLC, a Colorado Limited Liability Company By i kA4xe�i�— M ger -2- Pueblo, a Municipal Corporation Book: 2807 Page: 585 Chris C. Munoz Page: 4 of 6 Pueblo Co,C1k.&Rec. STATE OF COLORADO COUNTY OF PUEBLO ) ss. The foregoing instrument was acknowledged before me this .1 day of 'A \ t , 1995 by o as Manager of WaterLine Brewing Company, LLC, a Colorado Limited Liability Company. r. a, ►rcommission expires:_ SE, 7. TA E OF COLORADO COUNTY OF PUEBLO ) ss. 8- iv -- n 5 Notary Public _OWM$ft44,e foregoing instrument was acknowledged before me this `1 h day of kD ri .ds•�x�e A. Andrews. V ' � a J C} • A ' E . 4 expires: €3 u 9 S Notary Public STATE OF COLORADO COUNTY OF PUEBLO , ss. The foregoing instrument was acknowledged before me this 16th day of MaY , 1995 by Christian L. Weaver as President of the Council of the City of Pueblo, a Municipal Corporation. kl ission expires J:\CrrY\PUBLIC August 18, 1995 Notary Pu c r_ 6 1 Book: 2807 Page: 586 Chris C. Munoz Page: 5 of 6 Pueblo Co.Clk. &Rec. EXHIBIT "A" An easement located in a certain parcel of land described in that instrument recorded in Book 2385 at Pages 990. 991 and 992 of the Pueblo County Records. being more particularly described as follows: Beginning at the Southerly most point of said parcel. thence Northwest along the South westerly line of said parcel the following two courses: 1. N 44 58' 13" W a distance of 256.49 feet: 2. N 44 50'14" W a distance of 30 feet to the Nortlm-esterly line of Oneida Street (formerly Eighth Street). as shown in the recorded plot of South Pueblo filed for record on December 13. 1872. Thence along said Northwesterly line or Oneida street. a distance of 70 feet: thence Southeasterly. parallel with the Southwesterly line of said parcel. the following two courses: 1. S 44 50'14" E a distance of 29.99 feet: 2. S 44 58'13" E a distance of 256.13 feet: Thence Southwest to point of beginning at Southerly most point of said property. b CD -. W O W O r` OD' W - In OD /00' CD c am ' - = �• s FOUND STEEL 1' /N, SET *t-Asrlc "Ap ° O • SEr STEEL r�,v :r/ r cASriC Car L9 '.* f 1 • v fi ��• vo• c D �t' CW C0�1►ORE Y c • JOUNOA f omr m N n ;0'.SS• 53.3T'OO S. ` . 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