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Town Council Resolution 63 1983TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 63 SERIES OF 1983 ,JDH 452 PAGE c � A RESOLUTION APPROVING A LICENSE AGREEMENT FOR LANDSCAPING IN THE TOWN RIGHT OF WAY. WHEREAS, Seymon Deutsch has applied to the Town Council for a license to maintain and improve the landscape in the Wood Road right of way; and WHEREAS, the Town Council has considered the request and has found that it has no adverse impacts and would improve the visual quality of the area. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: gnr-H nn nnn That the attached license agreement between the Town and Seymon Deutsch is hereby approved and the Mayor is authorized to execute same on behalf of the Town. INTRODUCED, READ AND ADOPTED by the Town Council of the Town of Snowmass Village, Colorado, on the 29th day of August, 1983, by a vote of 6 to 0 . Councilmember Bedford was absent. TOWN OF SNOWMASS VILLAGE, COLORADO By: L Jef e son Tippett, Mayor ATTE T: Susan Garrison, Town Clerk bou 452 pxfdM LICENSE AGREEMENT THIS AGREEMENT made and entered into this ` day of Am 6 , 1983 b and between the Town of Snowmass Village, Colorado Y 9 (hereinafter referred to as the Town), and Seymon Deutsch (hereinafter referred to as Deutsch): WHEREAS, Deutsch intends to landscape an area in the dedicated right of way for Wood Road adjacent to Lot 57, Woodrun Unit One, in the Town of Snowmass Village, Colorado, and WHEREAS, Deutsch desires to obtain a license from the Town to maintain and improve said area subject to the limitations contained below: NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. The Town does hereby grant to Deutsch a revokable license to utilize the Wood Road right of way adjacent to Lot 57, Woodrun Unit One, in the Town of Snowmass Village, Colorado, for the sole and exclusive purpose of maintaining and improving the landscape as more particularly described in the drawing which is attached hereto and made a part hereof by this reference. 2. Subject to the provisions of paragraph 3 below, this license shall be perpetual. 3. In the event that the Town shall determine, in it's sole discretion, that the above described landscaping will interfere with any legitimate use of the Wood Road right of way, which the Town may desire to undertake, Deutsch, at this own expense, shall remove said landscaping within 60 days of notification. 4. Deutsch shall be responsible for any and all maintenance, repair or improvement to said landscaping. 5. Deutsch agrees that he shall indemnify and hold the Town harmless from all cost, loss, damage, expenses, (including reasonable attorney's and expert fees), and claim of liability of any and every kind which may arise as a result of the use of the above described property pursuant to this license. The foregoing shall obligate Deutsch to defend any claims, suits, or other proceedings naming the Town as a 452 P�,,,cL-145 defendant on any claim which may arise as a result of the use of the above described property pursuant to this license. 6. This Agreement shall run with the land and be binding upon the heirs, successors and assigns of the parties hereto. 'SS J L [ w "`` `�„ •F TOWN OF SNOWMASS VILLAGE, COLORADO J rson ippett,�Mayor f1 -EST: Susan Garri on, Town C erk Seymon Deutsch pit �Stai:e of ss. w• . County of lP44-k+n ) ', •'�.,. T*Q.- foregoing Agreement was subscribed and sworn to this ;�S day 0S —r , 1983, by and by Witness my hand and official seal. My commission expires on: Sc�Tigc�2 ��, /ys/-{ Notary Public