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Home My WebLink Aboutencroachment.811 E. Hopkins.Gates.fence.2002 -=-- REVOCABLE ENCROACHMENT LICENSE COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: INS[/CUCF/ONS: CO/YFLE?E [HE' FOLLOW/NE AS /7' APPLIES ?0 YOU/~ THIS LICENSE IS FOR: (CA'JCK aVE) ~ TEMPORARY SHORT TERH OCCUPATION OF PUBLIC ROW FROM TO ~ TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY J~ TEMPORARY FOR PRE-EXiSTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into this c~(a day of t%".c/.- , 200 ~3--, by and between the CITY OF ASPEN, Pitkin COunty, Colorado; hereinafter referred to as "ASPEN" and 811 East Hopkins Ave., Aspen, Co. 81611 John S. Crates , at hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described proPerties located in the City Of Aspen, Pitldn County, Colorado: Street Address: 811 East ttopkins Ave., Aspen, Colorado 81611 Legal Address: WHEREAS, said properties abut the following described public right(s)-of~way: East Hopkins Avenue . , WHEREAS, Licensee des/res to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit ",4'; attached to this License: To acknowledge an existing condition- Fd;'l¢~-L;~ 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, TI-/EREFORE, 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. 02. 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 pubhc 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 c!ean 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 with design approvals for such work 0btai~d from the City Engineering Department. Licensee agrees to join any improvement disUSCt formed for the purpose of cons ~tructing 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 hereofi can'y 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 occun'ence) 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 oftkis 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: "tt 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, fi-om and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation Claims ar/sing from bodily injury, death, property loss nr 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 t/tis 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 fi-om 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 attomey's fees. 13. If the structure for which this license was issued is removed for any mason' 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)Rea~riction 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 circumstances, the Licensee shall restore the fight-of-way under the encroachment to its original or better conditions mediately. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. / ~H.E FOI I.O F/ING SE CTIO'N MUST BE COMPLETED BY.41 NO TAR Y P U'BLI¢: STATE OF COLORADO ) ) SS. County of Pitkin ) -. The foregoing instrument was acknowledged before me this AT~-~Lt''' day of ~.~/~rmq~ ,lg0Z, by_'~a o~. ~.~-~2 (Licensee). SEAL. ~ ~ ! t t *~1 (D O NOT ~3fRITE BEL OW THIS LINE, FOR CITY USE ONLY) AI~PROVAL CONDITIONS (Dst ifony): CITY OF ASPEN, COLORADO E×H TY OF ASPEN ENCROACHMENT L ~ cENsE A COLORADO COUMON I NTERFS~ eONbO~iNiUU ~6MUuNiTy SITUAIED ON LOTS C; D~ E & F~ BLOCK 31~ EAST ASPEN TOWNSITE~ CITY OF ASPEN, P TKIN COUNTY, COLORADO EXISTING FENCE ENCROACH I NG 27.5' BY 3.8' INTO EAST HOPK INS ,v~..~ · , / ~NIT 1 UNIT / / /