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Home My WebLink Aboutcoa.en.0898 Hwy 133.40' Trailer MAR-03-1995 09:57 FRcr1 Runo CONSTRUCTION. INC. "";~X'/ TO 9534919 P. 02 11111111111I111111111111111111111111111 III 1111111111111 40151815 06/09/1997 10:33A ENCROACH ~ 1 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK '-... -'---'~-~"--~'~-"^'---~---""-'-"'--'-'-~-'---"--"----,,-------/ REVOCABLE ENCROACHMENT AGREEMENT This Agreement made and entered into this I & day' of fYllt Y . 199 L, by and between the CIty OF ASPEN, Pitkin County, Co1o~ado, hereinafter referred to a$ "Aspen" and ,MlAl14S. $",<'(,'''Hw . .at o39fftlwYI'1."!> ~1I"86N()AGe:} eo, lP&llPo4(~ ~t.IllIdlllMl\l~ hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the followingdescdbed properties located in the City 0 Aspen, Pitkin COUllty, ColOIado: 40' 1RA,'U::fl. u(,GO FoP- 7~ Ri A,I- Sr 0 fl..AM3 tI....--t- J.. . (,010 ~ () 4 f, D,u"'~ Av~e-. · if d-B C,A-H .f f-U'" St-y-J tt.---I- ~ o-f "WHEREAS, said prope~es ~b<fontWing bribed public right(s)-of-way: 'SEe HriA<-/l.(?f/J stle e7'5 r-, WHBREAS, Licensee desires to encroach upon said right(s)-ofway: As described -"'nrl .hown in ExhiQjt "A" attached to this License WHEREAS, Section 19.5 delegates the authority to the City Engineer to grant encroachment lic~; . . WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certllin OO1ldrtWns. THEREFORE, in consideration of the mutual agreement hereinafter contained. Aspen and Licel1See covenant and agree /lS follows: 1. A private revocable license is hereby gtatlted to Licensee to occupy, maintain and utilm: the above described portion of public right-of-way for the purposes described. 2. This license is granted for a perpetual tenn subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. .1'-'" 3. This license shall be subordinate to the right of Aspen ~ use said area for any public purposes. MAR-03-1936 139:57 FRO'1 RUDD CONSTRUCTION, INC. TO 9634019 P. 03 111111I1111111111111I11111111111 111111111I11111 11111111 40e18e 06/09/1997 10:33A ENCROACH 2 0' 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK ----."---'" r" 4. Licensee is responSible- [0[-- the m.airitenaiice and repair of the public right-of-way, together with improvements constructed therein, which Aspen,.in the exercise ofits discretion, shall determine to be necessary to keep the same in a safe anddean condition. The Licensee shall obtain Right Of Way and Building Permit as required the City Community Development Depllrtment for any work to be performed in the public right-of-way with desi&n approvals for such work obtained from the City Parks and Engj~ring Departm.ents as appropriate. Licensee agrees to join any improvement district fonned for the ~ of constructing improvements in and to the public right-of-way, 5, Licensee shall at all times during the term ~ carry public liability insurance for the benefit of !he City with limits of not less than those specified by Section 24-10-114, C.R.S.. (currently $150.000 per pelWn and $600,000 per occurrence) as may be amended from time to time, naming the City as co-jllm.ired. Licensee shall maintain said coverage in full force and effect during the term of this License and shall fiu:nish the City with a copy of such coverage or a certificate eVidencing sll<:h coverage. All insurance policies maintsined pursuant to this agreement shall contain the following endorsement: "It is herehp understowi and agreed that this insurance policy may not be canceled by the surety until thirty (30) days after receipt by the City, by registered ItIIlil, 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. r'" 6. Licensee shall save, defend and hold harmless 88ainst any and all elaims for damages. costs and expenses, to pe:rsons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Lice.nsee, 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. This 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 froni granting such additional licenses or property interests in or affecting said property as it deems necessmy. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants IUIllling ",-Ith the land, and binding upon Licensee, their heirs, successors and assigns. 11, In any legal acMn to enforce the provisions of this Agreement, the prevailing party sl1all be entitled to its reasonable attorney's fees. .r"''. 12. If the sttucture(s) for which this license was issued is/are removed for any reason. Licensee may not rebui.ld in the same location without obtaining another encroachment license prior to building_ It is City policy to preserve public rights-of-way for the general public benefit, and it i.~ not anticipated that ~nstruction of encroacbments would be permitted. MAR-03-1936 09:58 FRa1 RUDD CONSTRUCTION. INC. . , TO 9634019 P.04 I"~'-" No existing encroachment shall be enlarged without obtaining an additional license prior to co!lllttUction. 1:3. 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. 5 Licensee , STAIEOFCOLORADO ) ) 55. County ofl'itkitl ) ~'?>"?;' l~:-~~t.~EOPOLD NOTARY PUBLIC , STATE OF COLORL\DO ~:S':.z.:?,..e:s~a.~~ r~" The ~~gOing illstrument was acknowledged before me this lip . day of '1170- . 19f1, by m.B"YY1.A,tJ WITNESS MY HAND AND OFFICIAL SEAL. t~f9oMJ1h~~~ ~B!S 2/16/98 . !L_ftlVdAA- (Licensee). ATIEST: .. .!tfity p<<k :SA<l<-I"/.<MAN)~ ~~-'~cq ,f}4~ .' .' -~. , I' ., r'. '\ .",::, , 'l. . / <0. ........;...,. '. ....~_. .... - ,,"-;., '. .,' " ~p...CY', :J \..0";( .'/ CITY OF ASPEN, COLORADO r-~, .~ 11111111111111111111111111111 '1111111111 III 11111111I1111 40518e '06/09/1997 10:33A ENCROACH 3 of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CLERK \_~-