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Home My WebLink Aboutencroachment.419 E.Cooper.Gorsuch.2001 == REVOCABLE ENCROACHMENT LICENSE COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: /NSTRUCT/ONS: COHPLETE THE FOLLOW/N~ ~S /T JP~L/ES TO YOUR PEOUEST THIS LICENSE IS FOR: FCHECK ONE) ~ TEHPORARY SHORT TERH OCCUPATION OF PUBLIC ROW FROH TO TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY ~ TEHPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CiTY ~sXgreementmade~dertMslice~e~denteredinto~, 7/ dayof 200/ , by ~d I be~een ~e CITY OF ASPEN, Pi~in County, Color,o, hereina~er refe~e3~o'~ "ASPEN" ~d hereina~er refe~ed to as "Licensee", ~E~AS, Licensee is ~e owner of the following described propemies located in the Ci~ of Aspen, Pithn Co~, Colorado: StreetAd~ess: ~ J ~ ~ ~v~ ~V~. ~ C~ . ~ /~ { I Leg~Address:~K~ ~b ~ ~E~AS, s~d prope~ies abut ~e following described public hght(s)-of-way: ~E~AS, Licensee desires to encroach upon said h~t-of-way for the follow~g p~oses ~d as shown ~d deschbed ~ Exhibit 'M", attached to tNs License: ~E~AS, Section 21.04.050 of Ci~ of Aspen Mmcip~ Code delegates ~e authofi~ to ~e City Engineer to ~t encroac~ent licenses, ~AS, ASPEN agees to ~e F~t of a private license of encroac~ent as b~lt subject to c~ain conditions, T~FO~, in consideration of the mum~ agreement hereina~er conthned, ASPEN ~d Licensee coven~t ~d agree as follows: 01. A revocable license is hereby grated to Licensee to occupy, mmtm ~d utilize ~e above described potion of public fi~t-of-way for ~e pu¢oses described. 02. T~s license is ~ted for a specific use ~d wi~n a specified te~ ~ checked above, subject to being te~inated at ~y time and for ~y reason at ~e sole discretion of ~e Ci~ En~neer of the Ci~ of Aspen. 03. This license shall be subord~ate to ~e fi~t of ASPEN to use s~d ~ea for ~y public pumoses. 04. Licensee is responsible for ~e mainten~ce ~d rep~r of the public right-of-way, toge~er wi~ improvem~ts cons~cted therein, whch ASPEN, in ~e exercise of its discretion, shall dete~ine to be necess~ to keep the sine in a s~e ~d cle~ con~tion. The Licensee shall obtm right-of-way ~d BUilding Pe~it as required by ~e City for ~y work to be perfo~ed in the public right-of-way with design approvals for such work obtained from the City Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 05. Unless the property that is the subject of this license agreement is covered by a homeowners insurance policy, Licensee shall at all times during the term hereof, cany 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 "Additional Insured". 06. Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish the City with a most current certificate of such coverage evidencing its validity. 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. 07. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against ali liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which arise out of or are in any manner coimected with this license, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by the act, omission, error, professional error, mistake, negligence, or other fault of licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the option of the City of Aspen, licensee agrees to pay City of Aspen or reimburse City of Aspen for the defense ~osts incurred by the City of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto, including court Costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. 08. This license may be terminated by Licensee at any time and for any reason following delivery of a written notice of Licensee's intent to cancel. ASPEN may terminate this license 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. 09. 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 is adopted. 10. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said public property as it deems necessary. 11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants nmning with the land, and binding upon Licensee, their heirs, successors and assigns. 12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. 13. If the structure for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the public right-of-way: The public right-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. 14. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. 15. The Licensee clearly understands the following actions of Licensee Or his/her agents and employees shall automatically terminate and cancel this agreement: a) Discontinuation of insurance coverage b) Change of ownership or alteration of use frotn the Original specific use in encroached area c)Restriction of ~ISPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building. Under these circumstances, the Licensee shall restore the right~of-way under the encroachment to its original or better conditions immediately. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written ,/~J~ (Licensee) THE FOLLO ETING SECTION MUST BE COMPLETED B I~ A NOTARY PUBLIC: STATE OF COLORADO ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this ~ I ~''~ dayof I%30~JO-n _¢~.r' ,~.00_~.l,by ~,~ ~__~ (Licensee), WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: c~ I OC3r ;;>,O0~' Date 1_O%~ ~. Iburrmq- Pmo. ~r~en CC) 'Address 0)o NOT WroTE BEbOW :rms [~z, vo~ Cla-V ~s~ APPROVAL GONDI'[IONS (List ii any): - N[CK~DEH, City Engineer SILVI~ O~IVIS PITKIN COUNTY C0 R 35 00 D 0 O0 Conditions of Approval Permanent Revocable Encroachment License 419 E. Cooper Ave. 1. The licensee is responsible to obtain a building permit to install the awnings. 2. The awnings must be free hanging. No support posts are permitted in the public right-of-way. 3. The awnings may not interfere with any tree canopies. 4. The minimum vertical clearance above the sidewalk is nine feet (9'-0"). 5. The applicant is required to perform snow and ice removal necessitated by the awning operation. 6. This encroachment license is voided upon change of business ownership, and the property owner shall immediately remove the awnings from the public right-of-way. 01m123 Page: 4 o¢ 7 02/21/2002 l~:lT~ SILVIA DAVIS PITKIN COUNTY CO R 35.00 D 0.00 L~ LE~- 419 E. Cooper Ave. Line 2 e~oeos~r~ s~P~; ~]~w~ F[O0~ P~,~ ,~.=,.~. ,~05~, Exhibit "A" Cooper Avenue Mall SHEET ~ OF 3 ~ ~TEEL Ff~[4PfE tU/ CC~ 419 E. Cooper Ave. M~,~oo~, __ COoper Avenue Mall Property '' Exhibit "A" 12ENTRY DOOR SEC. TI-I~U DOOR SHEET 2 OF 3 3/4"= 1'-0" 10-25-01 PartA