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Home My WebLink Aboutencroachment.buildings.116 S Aspen.19961231 L,.013.30 SILVIA DAVIS 01/29/1997 11'25A PG 1 OF 5 PITKIN COUNTY CLERK & RECORDER REC 26.00 DOC NOT . REVOCABLE ENCROACHMENT AGREEMENT Ibis Agreement made and entered into this 31st day of December , 199--1i.., by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and John A. Elmore at] 16 South Ail,Pen Street. Aspen. Colorado 8161 I (PrimFuUNilllle) )PrintLegalM~iIingAdWcss) hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: 116 South Ail,Pen Street. Lots K&L. Block 74. Original Ail,Pen Townsite WHEREAS, said properties abut the following described public right(s)-of-way: Ail,Pen Street and Hopkins Avenue ~~ WHEREAS, Licensee desires to encroach upon said right(s)-ofway: As described and shown in Exhibit "A". attached to this License WHEREAS, Section 19-5 delegates the authority to the City Engineer to grant encroaclunent licenses; WHEREAS, Aspen agrees to the grant of a private license of encroaclunent as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follows: ' 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public right-of-way for the purposes described. 2. Ibis license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. " L'01330 01/29/1997 11:25A PG 2 OF 5 ----_."~--_._-,. '~"'-'--"-'------' '''-".~-,._-,------~--_._.- No existing encroaclunent shall be enlarged without obtainmg an additional license prior to construction. 13. The licensee waives any and all ,clailns against the City of Aspen for loss or damage to the improvements constructed within the epcroaclunent area. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first written: O. &i::.. 'I Licensee STATE OF COLORADO ) ) ss. County of Pitkin ' ) ) The for. egoing ins~t was acknowledged before me this 3 I g. day of ~(ll~ 19q~ by _~I\..) Ii\. EtfllA~l' . .lJ.- (Licensee). I ~ 1.'\1'" , If ..""to,} ,."_ 'If '!!'" c~ ~ j,/>~ ~.O." 'f ,~. " l,* ,,' :) f'" . y~: J f) ,':. 'Xi/) ': 0: ~ ~ ,vC....: , ..~:.l~~ ;"; ~. ~ "'. ~~. J.I ,i ~ ;J)! -;." ):.$-..... ...",.,.. '. ,......_..,~....:) '" . 3 ,,,'!; ""~"lhHI'; \~.:,'f~' WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: l... CITY OF ASPEN, COLORADO ~ BY:~, a (aaA /' ,City Engineer ATTEST: KATIJRYN S. KOCH, City Clerk ) !i!:fQ:J..!J. 4,01330 01/29/1997 11:25A PG 3 OF 5 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. The Licensee shall obtain Right Of Way and Building Permit as required the City Community Development Department for any work to be performed in the public. right-of-way with design approvals for such work obtained from the City Parks and Engineerin~ Departments as appropriate. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10- 114, C.R.S., (currently $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the City as co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: "It is hereby understood and agreed that this insurance policy may not be canceled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew." The Licensee shall show proof of this insurance to the City before this agreement is filed. 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use,' occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. ) 7. Ibis license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to canceL Ibis license may be terminated by Aspen at any time and for any reason. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroaclunents from said property. The property shall be restored to a condition satisfactory to Aspen. 8. Ibis license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroaclunent shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. ) 12. If the structure(s) for which this license was issued is/are removed for any reason, Licensee may not rebuild in the same location without obtaining another encroaclunent license prior to building. It is City policy to preserve public rights-of-way for the general public benefit, and it is not anticipated that reconstruction of encroaclunents would be permitted. . - (p~~~~' t--~~~~' t.... 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