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Home My WebLink Aboutencroachment.505 N. Fifth .031201 =-= REVOCABLE ENCROACHMENT LICENSE ---= COUNTY RECORDING DATA: RECEPTION NUMBER: BOOI~ NUMBER: PAGE NUMBER: INSTRUCTIONS: COMPLETE THE FOLLO~/A 9 ~S IT ~PPLIES TO YOUR ~EOUEST THIS LICENSE IS FOR: {CHEC~ ONE) ~ TEHPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO ~ TEMPORARY, PERPET~ATED UNTIL REVOKED BY THE CITY TEMPORARY PRE-EXISTED CONDITION AND PERPE~ATED UNTIL REVOKED BY THE CiTY FOR ~s A~eement m~e ~der ~s license ~d mr~ed into ~s /~day of ~X~ 200/ . by ~d be~een ~e CI~ OF ASPEN. Pi~n Co~, Colorado, here~affer refe~ed ro as "ASPEN" ~d h~e~na~er refe~ed to ~ "Licensee", ~AS, Licensee is ~e o~er of ~e fol]o~ving described prope~ies located in the City of Aspen, Pi~n Co~, Colorado: S~eet~d~ess: ~o~ ~ S~ ~. ~ ~ ~ ~, ~E~AS, said prope~ies abut ~e following deschbed public fight(s)-of-way: ~AS~ Licensee deskes ~o encroach upon s~d d~t-of-way for ~e following p~oses ~d sho~ [ ~ ~ddescfibed~hibit ~,~"A'" a~ached to ~s License: ~AS, Section 21.04.050 of Ci~ of Aspen Mmcipal Code delega:es the au~oh~ to the En~neer to ~t encroac~ent licenses, ~AS, ASPEN a~ees to ~e ~t of a private license of encroacher as built subject to ce~M: conditions, coven~T~FO~'~d a~eein consid~ation~ follows: of ~e mural a~e~ent hereina~er con~ed, ASPEN ~d License 01. A revocable lice~e is hereby ~ted to Licensee [o occupy, m~n~ ~d utilize ~e above deschbed po~on of public fi~t-of-way for ~e p~oses described. 02. ~s license is ~ted for a specific use ~d wi~ a specified te~ ~ checked above, subject to being temnated at ~y time ~d for ~y re,on at ~e sole dis~etion of~e Ci~ EngMe~ of~e Ci~ of Aspen. 03. ~s license shall be subordinate to the fi~t of ASPEN to use smd ~ea for ~y public p~oses. 04. Licemee is respo~ible for the mmten~ce ~d r~ of~e public d~t-of-way, together wi~ improvements commcted therein, whch ASPEN, in ~e exemise of its ~scretion, shM1 dete~e to be necess~ to ke~ the sine in a s~e ~d cle~ con~fion. ~e Lic~ee shM1 obtMn fi~t-of-way ~d B~l~ng P~it ~ ~ed by ~e Ci~ for ~y work to be p~omed in ~e public fightmf-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, carry public liability ~nsurance 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 hability 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: "irt 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 07. Licensee agrees ro indemmfy and hold harmless the City of Aspen./ts officers, employees, insurem and self-insurance, from and against all 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 anv manner connected with this license, if such injury, loss, or damage is caused in whole or ~n 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 costs 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 liabili .tr, 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 ora 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 :ondition 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. [0. 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 *ncroachment shall constirate covenants running 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 prevaihng parry 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 fight-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 from the original specific use in encroached area c)Restriction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building. Under these czrcu, mstances, the Licensee shall restore the right-of-way under the encroachment to its original or better conditions immediately. 12'4 WITNESS WHEREOF. the parties executed this agreement at ASPEN the day and year first ~a z (Licensee~ l~ ~ STATE OF COLORADO Itl - l~l O ) SS. lO = County of Pitkin ) The foregoing instrument was acknowledged before me this [~/~ dayof /1/IP~ , li!?~O{,by ~r/~7~/~,]~t4/FCava~,% (Licensee). WITNESS MY HAND AND OFFICIAL SEAL. My comnfissionexpires: ~][ t2~/~ l u ' ' ^,t~ ~,~"~'. ."Oil- APPROVAL CONDITIONS (List if any): CITY OF ASPEN, COLORADO NICK AIJEH, City Engineer ATTEST: DATE: 7 ~lerk EXHIB IT "A" 1. Duration of Encroachment License: Revocable at any time, or until such time as the existing improvements are replaced or new improvements are planned whiCh are of a value equal.to or greater than 50% of the value of the existing improvements at that time. 2. Said 50% of the improvements value shall be determined on the basis of percentage of total footprint area of the building including future remodeling. - 3. There shall be no further landscaping in the public rights-of-way on both West Smuggler Street and North Fifth Street. There shall be no tree replacement on North Fifth Street in order to preserve the pedestrian corridor. Street tree plantings on West Smuggler Street require a right-of- way permit prior to planting. LOp / / / ENCROACHMENT LICENSE 2.2' x 60' G FENCE :- -- -- -- I PREPARED BY o 5 ,o ,5 ASPEN SURVEY ENGINEERS. lNG. LEGAL DESCR I PT I ON 2~o S. GALENA STREET LOTS R & S, CORBIN/BURROWS ASPEN, COLO. 81511 HISTORIC LANDMARK LOT SPLIT PHONE/FAX (970) 925-3816 SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO .job no. 6055B I~IARCH 5, 2001