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Home My WebLink Aboutcoa.en.421AABC-Suite G-Ute Condo-Concrete Poured Surface . ,1\11. (,..{, lVoJlJ 1J'"1 i"'" From:UTE . C REVOCABLE ENCROACHMENT LICENSE Complete the following line. if rhis license is for a temporary encroachment: Valid for months from the date of issuance. u."tItlIo) This Agreement made under this license and entered into this / 1- II... day of ~ t- . 199 Y . by and between the CITY OF ASPEN, Pirkin County, Colorado. hereinafter refcrred to as "Aspen" and -I:iin.' UTE &nJJo ".,iiJi/~ "" " , at (l'tInlFollN....l . J./Z I flA'R(' ~fA.I+~ a /l~D~llI 10 '8'/6/1 ,hereinafterreferredtoas''Liccnsee.'' <_l.epl_MlmS) I WHEREAS. Licensee is the owner of the following described properties located in the City of Aspen. Pitkin County. Colorado: U'(.? (1"11),,10 Jyli A),' " "",,"1. " ~ WHEREAS. said properties abut the foUowing described public right(s)-of-way: Strc:etaddress: /6z.o Ef /).....,'H,l-/- I!~",,..I'I (!o. <;? / tit , Legal address:-r;l~ f_1- 'Uh,.f 4} 1"1\.11/1,.,1 J..,Js A/<I..J 0 nil) .J.J,~ W,s-!- f3.(;,.--l".f! .1.:+ 'PI 6'lccl< '371 i~+"" b..S+I:1.:s~~t.:!:ai~Ga. ~'7'.t:t e,.j~ '1-'70.0>> s:,.J<..of Il"re,v" '(1-1 kilO (''''....-1'11 C'"/oe",J,, WHEREAS. Licensee desires to encroach upon said right(s)-of- way for the following purpose: c;,Mer'+ ft;utted St!plll/1..~ t and as shown in Exhibit "An. attached to this License WHEREAS, Section 2l.O4.050 delegates the authority to the City Engineer to grant encroachment I:. licenses; Ii WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to I certain conditions. TIIEREFORE. in cOllsideration 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 utili'(:e the above described portion of public right-of-way for the P\IIllOses described. 2, This license is granted for a perpetual term subject to being tenninat.ed at any time and for any reason at the sole discretion of the City Engineer of the City of Asnen. .. I , 1/1111I1111I 1111I1/11111111 1111111I111111I11111 1111/111 439363 01/07/2000 01:49P ENCROACH DAVIS SILVI 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO .' Jul. 27. 1998 8:40AM STRYKER / BROWN No. 0266 P. 2/7 From:UTE " , 3. This license shall be subordinate to the right of Aspen to use said area for any public pllIpOSes. 4. Licensee is responsible for the maintenance and repair of the public tight-of-way, together with improvements constrocted 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-oi-way with design approvals for such work obtained from the City Plllks and Engineering Departments as appropriate. Licensee agrees to join any improvement district formed for the plUpose of constructing improvements in and to the public right-of-way. 5. licensee shall at all times during the tenn 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.li.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 fOICe 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 agre~ment 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 our of, or be occasioned by the use. occupancy and maintenance of said P!'Qperty by Licensee, or from any act or omission of any represenoove. agent, customet 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 encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. 8. This license is subject to ~ 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 lIS it deems necessary, 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. II. In any legal action to enforce the provisions of this Agreement, the prevalling party shall be entitled to its reasonable attotney's fees. 12. If the structure(s) for which this license was issued is/are removed for any reason. Licensee may not rebllild 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 is not anticipated that reconstruction of encroachments would be permitted. 1111111111111111111111111111111111I11111111111111111111 439363 01/07/2000 01:49P ENCROACH DAVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO I , " . , . , 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. ~/kk . I-icensee mjll'~ ,?(l.,fl!rz-t... n1"""""'<;~It/~- , M.trw*"t~199~? STATE OF COLORADO ) ) ss. County of Pitkin ) (Licensee) . The foregoing instrument was ~dayof WITNESS MY HAND AND OffiCIAl, SEAL. 4./n/Q6J ~ Mh..., My commission expires: 13D~ CITY OF ASPEN, COLORADO BY:~~ /.~11 /' City gmeer ATTEST: KATHRYN S, KOCH. City Clerk ENQ.;.313 ENG204 1111111111111111111111111111111111111111111111111111111 439363 01/07/2000 01:49P ENCROACH DAVIS SI~VI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNT",-C_~.., '''-------. ~ 4. Dimensions sho~ 01 concrete, typical, (exc finish surface). Do nc Large scale details go 5. Typical. means Simili :norea.- STONE LAYOUT PATTERN Details are USUaIlykl when they first OCCUI throughout unless ot 7. Provide blocking ll,l] accessory items attac responsible forcooH 6. ";<"",,,1'1"; 9. 10. TRASH ENCLOSURE VIEW 111111I1111I1111I11111111111111111I111111I1111I11111111 '. 439363 01/07/2000 01:49P ENCROACH DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO / .' :-",:';:.; 11. By initiating an /, ( certifies. that t1\e~td ., , cOl11en~g an ' 1.~~{: : 1..", ;,~>"":".'~~:ZE't'):'(.~{:r:,~' 5,,1. ;pJ 'Eh";;'G't:A~IJ , (/ "~ ':~:.;;i~~ ";'1 1. Stucco sidiri~ .,.i Contractol', tocj)~~ selectiolHO'ri .~". , ' ... andJUTlitaffJ ~~'~;i);:.y::::" ". B 2. ""'-"""c_!ii.r~,"~'"",4JI;1i;"!>\~'~*"".....,.,..""" '-"'"""'''''',~_.~