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Home My WebLink Aboutencroachment.630&640 W Hallam. Wilson.landscape.2002 =--= REVOCABLE ENCROACHMENT LICENSE COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: INSTRUCT/ONE: COPIFLETE THE FOLLO!/V/NG zlS IT APPLIES TO YOUR REOUEST THIS LICENSE IS FOR: (0/~¢~ ONe) [] TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM n/a TO n/a [] TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY ~'~IEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into this 2~ day of February , 200._2 , by between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and 630 & 640 West Hallam Street, Aspen Colorado 8161'1 Carl Baker & Mary Elizabeth Wilson at hereinafter referred to as "Licensee", and WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: 630 & 640 West Hallam Street, Aspen, Colorado 81611 LegalAddress: 6th and Hallam Condominiums-Block 22, Lot K and Westerly 22 1/2 feet of Lot L WHEREAS, said properties abut the following described public right(s)-of-way: North East corner of Sixth and Hallam Street WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A ", attached to this License: Ad exi sting hi stori cat condi ti on of all the trees, driveway and low amp lights along walking path (see attached Exhibit A) WHEREAS, Section 21.04.050 of City of Aspen Municipal Code 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: 01. A 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. 32. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 03. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. 04. 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 Permit as required by the City for any work to be performed in the public right-of-way )5. 06. 07. 08. 09. 10. 11 12. with design approvals for such work obtained from the City Engineering Department. Licensee agrees to join any ~mprovement district formed for the purpose of constructing improvements in and to the public right-of-way. 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 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". 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, cfa 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. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, 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 any manner connected 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 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 liability, claims, or demands alleged are groundless, falSe or fraudulent. 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. 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. 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. 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. 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 from the original specific use in encroached area c)Restriction of .4SPEN 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. (Licensee)~ Carl E. Baker '~' Elizabeth Wi 1 son THE FOLLO WING SECTION MUST BE COMPLETED B Y.4 NOTARY PUBLIC: STATE OF COLORADO ) ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this ZZ day of ~,~ ,2..ffigZ, by ~_~ ~o ./~ WITNESS MY HAND AND OFFICIAL SEAL. z My commission expires: ~>-"~t '"19Z. Address mo ~o~ ~ ~[o~ ~ms [~ ~o~ c~ ~ o~ APPROVAL OONDIBON8 [Li~ i~ a~y): CITY OF ASPEN, COLORADO // ~" ~ ~ ~ NICK ADEH. City Engineer KATHRYI~./~. KO~, CiW ~lerk ' ENG-204 DATE: 5/8' STEEL ROD WITHOUT A CAP /8' STEEL ROD WITH YELLOW PLASTIC CAP BUETTNER 13166 WC 2.00' N 75°0g'11' W PROPERTY CORNER CO / / LOTS A & B ~'T.E.~,S.POSSIBL£ CHAIN LINK FENCE ALONG ' '~- PROPERTY. ~ SURVEY IS THE LOCAl 6. THIS ~ OF THE PROPERTY AS D£S~ OMINIUM PLAT RECORr ALLEy UTILiTy pEDC.$TAL$ . . UN I/; / / 0 ~ LILAC LIMI' SEE NOTE g / UN/2 GENERAL 0 0 ~ O0 0 LILAO BUSHES LIMITED ELEMENT UNI' ~,~EE NOTE 7