The URL can be used to link to this page

Home My WebLink Aboutcoa.en.421 AABC Suite G.Heated Concrete Poured Surface " ^ , REVOCABLE ENCROACHMENT LICENSE Complete the following line if this license is for a temporary encroachment: Valid for Per t) el-u a I u,s e.. months from the date of issuance. , (mwcxds) This Arm~nt made under this license and entered into this 2.0-110.. day of ~ . 199 by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and tA7t: (''''IJOMi.:,a.w.~ , at (Prim Full N....) l/ZJ /Jft.71f!. . S'fAd~ a !hf)b>1 (II) g I ~/ / . . hereinafter referred to as "Licensee." . (Primlega1~-) WHEREAS, Licensee is the owner of the following described properties located in the City of . Aspen, Pitkin County, Colorado: 4Tt: C!onJdolV>;Alj~s WHEREAS, said properties abut the following described public right(s)-of-way: iiiii....o ~>(.) -...I -..... =II)!Z 'iiiiUJ;:) _..0 _>u _a: _oz - .. ==%>< _UI- _a:.. -oIL -.. -UI5I _Z61 _w. - 61 -a: =61Z -... -..151 -GlI5I -lIS). -151 -Gl !!!!!!CDa !!!!!~6'I =......csa _N' _N61 _'N -01 iiiiii 1St 0:: -...... =... -....... -11)0 !!!!! '" -..... ',---~~~ WHE WHEREAS, Section 21.04.050 delegates the authority to the City Engineer to grant encroachment licenses; . WHEREAS, Aspen agrees to the grant of a private license of encroachment 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. This license is granted fora perpetual term subject to being teI1I1inated at any time arid for any reason at the sole discretion of the City Engineer of the City of Aspen. iiiiHO ~>u -...I -..... -UJ!E -II)::> =HO _>U _a: _OZ = .. _%>< _UI- _a:.. . ==ilL -UI5I -Z61 -1&1' -151 -a: =C5.'IZ -... -..S) -01151 -151' - 61 -01 ~mCll ~~C5.'I =.......S _N' _N61 =GiN iiiiilS>>D:: -...... =", -,.... -"'0 !!!!! '" _"'N --~ . 3. This license shall be subordinate to the right of Aspen to use said 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 PeI1I1it 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 $ 1 50,000, 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 hannless 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 thirt);-(30) days written notice of Licensee's intent to cancel. This license may be teI1I1inated 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 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. l}. 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 encroachment 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 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 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 peI1I1itted. . " . 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. '/~ . Licensee ;1f~';PX fJ/~'f~ ~ ~/'(If/'7 /II ~I'I'H<U I r. County of Pitkin ) ) ss. ) r STATE OF COLORADO The foregoing instrument was acknowledged before me this / ..;.J :r1-day of 5:.p f- , 19!.i!i, by f3j II 13 re>t. ..,h ~a..v- (Licensee). WITNESS MY HAND AND OFFICIAL SEAL. --HO ~>u -...I I ==:;;~ ' -UJ!i ~HO _>u _a: ~az = .. _%>< _UI- _a:.. ==~~ iiiii~~ -1&1' - 61 -a: =61Z -... -cD~ _lS>>fSi -01 !!!!!ma !!!!!~Q =......Q _N. _N61 _'N =01 _61.. -...... =... -....... -"'0 !!!!! ... -...... ,,_...._-._----~' Addr= ~~' City~~ My commission expires: -J --1-;2. fJ f) () CITY OF ASPEN, COLORADO By: /4-7"~ /' A=TYl(~..:za... A,; (J . ~i,! Clerk ENO-3t:3 ENGlO4 X/ /" ", , \. /' '. )\ /' '" . , / "'x 'x, /)<: " / ,,><, " /"- " '''" / . '" ~.. /^.\, '~ .-, ,,/"',,-) \... ..U ',: /' ,\ ,,-t;;J.;.,/' ",!:J/ ' .~.. ""., / X, // ,'\. ,/ "" /' ,- " '~ .' i i I I (', , D ..,' ~'; ')I- ~, "1 A'V; t '''' '~' , (@ l /.- ~,. ~ --"'0 !!!!! > U -...I ~.=:;;~ ~~-II)::> , .=HO ~_>U o ~gz ~'- _%~ _UI- -. _CXH '<!!. -OIL _... =a::: '>:' --~Iil 3 _ILl. --a: 61 ...A =I5IZ -... iiiiicii~ -61 . .- 61 -m !!!!!CDO !!!!!!!~Q =........s _N' _N61 _'N _~G:: -...... =10 iiii:;''O !!!!! '" -...... 09/21/99 14: 18 . ID:STATE FARM INSURANCE FAX:9709635607 . t1L(~GE 2 ..~~iv 7 - ;1. d- '7'j ..J _2l?._c:.~J -6..925-2 F Policy Number EVIDENCE OF INSURANCE CONDOMINIUM/ ASSOCIATION POLICY '." Replacad Policy NlImber ....u.."'c;~.. COllerage afforded by this policy is prollided by the Company indicetod below: A STATE FARM FIRE AND CASUALTY COMPANY A Stock Company, Bloomington. Illinois STATE FARM GENERAL INSURANCE COMPANY A Stock Company. Bloomington, Illinois _ STATE FARM LLOYDS COMPANY A Uoyds Company. Dallas, Texas Tllis Is to certily tllelllle Compeny indlceted above lias the lollowing insurance In lorce: Unilowner's Name end Mailing Address Insured's Neme and Melling Address ute Condominium Association c/o McCartney Property Management 421 AABC, Apt G Aspen, CO 81611 Automatic Renewal . It the POlicy Period is shown as 12 Montlls, Ihis policy will be renewed automatically subject 10 the premiu",s, rules end forms in effect lor each succeeding pe,l/cy period. If this policy is lerminaled. we will give you and. the Mortgagee written nollce in compliance with the policy prollisions or as required by law, 1 V.l ?flJl, .. ... 12 Months 12/1S1-9-9 Ellectlve Date Policy Period Expiration 01 Policy Period The Policy Period begins and ends at 12:01 a.m. Standard Time at the building locations unless olherwise slaled: 1..1 Noon Standard Time Policy Type l-l Basic Form 1 ~ Special Form 3 Umlts 01 Liability $ 2.200.000 $ .1.000,000 Oaducllble $ 5.Q Q .. Cove raga A Buildings L Business Liability In case of Q loss we cOlier only lhat part of the loss over the deductible stated, Forms, Options & Endorsements I Yrfolp,,,,,, ~p~~e,o,., / Additional Insured: City of Aspen 130 S. Galena street Aspen, CO 81611 Loan Number A~~!:lf::Jt:f3(signature-...'- J ~;l'L...__._ Agent's COde .~.?, '63-561_~______m TeI~Phon~~'fJ1O.J n ......___ Date ' 558.911.,4 A..v,,08.IlS