HomeMy WebLinkAboutencroachment.fence.980 E Hyman Ave.19960618
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394687 07/15/96 11:31A PG 1 OF 4
SILVIA DAVIS PITKIN COUNTY CLERK.~nRECORDER
REC
21.00
DOC
UCC
ENCROACHMENT AGREEMENT
This Agreement made and entered into this 18th day of June. 199 ~ by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and
Keith Carlson . at 980 East Hvman Avenue #4. Aspen. Colorado 8161 I,
(Print Full Nllrue) }PrilItLegnlMalllng~)
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described properties located in the City of
Aspen, Pitkin County, Colorado:
980 East HvmanAvenue
Aspen. Colorado 81611
WHEREAS, said properties abut the following described public right(s )-of-way:
East Hvman 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. Ibis license shall be subordinate tothe right of Aspen to use sald area for any public purposes.
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 Engineering 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. This 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. This 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.
1 I. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be
entitled to its reasonable attomey'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
394687
07/15/96 11:31A PG 2
OF 4
permitted. No existing encroachment shall be enlarged without obtaining an additional
license prior to construction.
13. The licensee waives any and all claims against the City of Aspen for loss or
damage to the improvements constructed within the encroachment area.
IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and
year first written.
STATE OF COLORADO)
) ss.
County of Pitkin )
WITNESS MY HAND AND OFFICIAL SEAL.
My~=~e$ ~ ~ ~,
Notary Public
My commission expires:
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The foregoing instrument was aCknowle~be,,~
IIJ .;1, day of J~m<z. , 19,2.b.., by ~ (Licensee).
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Address
CITY OF ASPEN, COLORADO Bvd~ ~
/~C1ty Engmeer
ATTEST: ~/t-L~;ifJ #dJ~4cffJ~
KATHR . KOCH, City Clerk
K.\195.41
394687
07/15/96 11:31A PG 3
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