HomeMy WebLinkAboutencroachment.1020 1024 1028 E Hopkins.2003' '*- ' ,;I REVOCABLE ENCROACHM-ENT ['iCE:NSE I,,.. _
ounty Recording Data: 499546 '
SILVI~ DRVIS PITKIN COUNTY CO R 2! .ee D o.eo
INSTRUOTION$: OOMPLETE THE FOLLOWING SEOTION$ AS IT APPLIES TP YOUR REQUEST
THI8 LICENSE 18 FOR: [OHEOKONEONLY)
~ TE~OPORARY 8HORTTERM OCCUPATION OF PUBLIC ROW FROM TO
'~ TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY. -
[] TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTILREVOKEDBY THE'CIT~.
This Agreement made under this license and entered into this day of
ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
(Print Full Name} IPrint Legal Mailing Address) ' ' '
daytime phone number: e/,~;_ii ~4, , hereinafter referred to as "Licensee",
WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado:
Street Address: / o~.o_) /o~,/02 ~- /~, .L/ 'pte.,.A~
Legal Address: ..~e.,..~(ofe) F..~,.~ P.,.~l~....~ I_~¢ ~_. 'D. ch,e.'-
WHEREAS, said properties abut the following described public right(si-of-way:
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:
g ~/~" x / / ,~
WHEREAS, Section 21.04.050 of Oity of Aspen Municipal Oode delegates the .authority to the Oity Engineer to grant
encroach ment licenses,
,200_, by and between the CITY OF
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. '
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 th e City Engineer of the City of Aspen.
03. Thi.s..license shall be.subordinate to the right of ASPEN to use said area for any public purposesl
04. Licensee is responsible for the maintenance and repair of the public right-of-v~ay, 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 with design approvals for such work obtained from the Engineering
City of AsBen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 ,~970-920-5080 R£V/,SED:0511012004 t
Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvement.~
within public right-of-way.
05.
Unless the property that is the subject-of this license agreement ~s covered by a homeowner's insurance policy, Licensee
shall at all times during the lerm 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 Cityr as "Additional Insured"
06.
07.
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
maintsined 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 faull
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.
08.
1'09
10.
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.
11.
The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the
life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall
terminate When the improvement has failed or out of compliance with required standards of performance or if it is
revoked by the City, whichever comes sooner.
12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable
attorney's fees.
1.3
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:
City of Asoen - Engin
0'7/09/2004 02: 30P ,!~970-920-5080 REVI,SED:OS/'/O/2OO4
1
$ILVIR DelVeS PITKZN COUNTY CO R 2t,00 D 0,00
14. The licensee waives any and all claims against the City of Aspen for losS or damage to the improvements constructed
15.
within the encroachment area.
The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically
terminate and cancel this agreement: ~ ag¢~'~~~,, .,,-,.¢, .,./
~) Oisdontinuation ...... of insurancE-coveY~.,a-~
b)Change of ownership or alteration ~'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 circumstances, the Licensee shall restore the right-of-way under the encroachment to its 'original or better
cOnditions immediately and in accordance with the latest Engineering Department standards for improvements of.Public
right of way.
N WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written.
THE FOLLOWING SECT/ON MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO )
County of Pitkin )
) SS.
The.foregoing instrument was acknowledged before me~d.t/ day of
My commission expires:
l Il., "2 ~
Date
/ Notary Public
Address
(DO NOT WRITE BELOW THIS LINE, FOR CITY USE ONLY)
APPROVAL CONDITIONS (List if any):
CITY OF ASPEN, COLORADO
By: ~,
- ~IICK ADEH,'~.E., ~ty Engineer
ATTEST: ~'~//~
KATHRYI¢4/~'~. K~C~ ~i'ty Clerk
f IIIII IIIII IIIIII IIII IIIIIII IIIII Ill III IIIII IIII III ,,.,,
SILVIA DAVIS PITKIN COUNTY 00 R 21.00 D 0.00
DATE:
EN G-P<:;ficy- 204-A
of Deoartment t30 South Galena Street Colorado 81611 ¢970-920-5080 I
City
Aspen
Engineering
Aspen
REVISED.' 05/lO,~O04