HomeMy WebLinkAboutencroachment.205 W. Main.fence.2003 ----- REVOCABLE ENCROACHMENT LICENSE ---=
SOUNTY RECORDING DATA: RECEPTION NUMBER:
BOOK NUMBER: PAGE NUMBER:
INSTRUCTIONS: COMPLETE THE FQLLOkV/NQ ,~S T ,~?PLI~S TO YOUR REQUEST
THIS LICENSE IS FOR: (CHEC/~ ON-~,~
[~ TEMPORARY SHORT TERM OCCUPATION Of PUBLIC ROW FROM TO
[~ TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY
~ TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY
This Agreemen~ made raider this license and entered into this day of ., 200 , by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
Ed~t'h $"o Ch±'sh'o2m ,ar 205 ~/o Main Mt,, A'spen, ~o'lor*-db
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: _705 W'. M~in $~ct, Asa*n, C/olorado
LegalAddress: Lo~s H & !, ~/~ Lo~ G, Block 52, Original Aspen Townsite, PiPkin
..... · , ~oun~y, ~olora.d~
wr~erd:2~, sma properties aOut thc tallowing described public right(s)-of-way:
M~in ,e. ~ree~
VVI:IEREAS, Licensee desires to encroach upon said right-of-way for thc following purposes and as showr
and described in Exhibit "A '; attached to this License:
.~nexient: P~nc~ ~onst~rncted in front of house
WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority ro the City
Engineer to gt'ant 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 agreemem 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 ofpublic right-of-way for the purposes described.
~2. 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
05.
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.
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 t/me 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 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
com~ected with this hcensc, if such injury, loss, or damage is caused in whole or in part by, or ~s
claimed to be caused in whole or part by the act, om~ssion, 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
fraudulem.
08. This license may be terminated by Licensee at any time mad 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 t~rmination, Licensee shall at Licensee's expense, remove any
~mprovements or encroachments from said property. The property shall be restored to a condition
satisfactory to ASPEN.
)9. 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.
1 I. 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.
12. In any legal action to enforce the provisions of this Agreement. the prevailing parry shall be
entitled to its reasonable attorney's fees.
13. If the structure for which tl-fis license was issued is removed for any reason, Licensee shall not
continue to rebuild in the public right-of-way. The punic fight-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 with/n the encroachment area.
15,The Licensee clearly understands the following actions of Licensee or his/her agents and employees
shall automatically terminate and cancel th/s agreement: a) Discontinuation of insurance coverage
b) Change of ownership or alteration of use fratn 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
ohg/nal or better conditions immediately.
1N WITNESS WHEREOF, the parties executed this agreemem at ASPEN the day and year first written.
(L
lcensee)
THE FOLLOt~/TNG SECTION MUST BE COMPLETED B Y A NOTARY PUBLIC:
STATE OF COLORADO )
)ss. g
County of Pitkin )
The foregoing instalment was ackno~g~g~,d before me this
OFFICIAL SEAL.
(List if any);
CITY OF ASPEN, COLORADO
Page: 4 of' 4
07/07/2003 08:46~
SILVI;~ DAVIS PITKIN COUNTY CO R 21,00 0 0.00
-- REVOCABLE ENCROACHMENT LICENSE ==
COUNTY RECORDING DATA: RECEPTION NUMBER:
BOOK NUMBER: PAGE NUMBER:
INSTRUCTIONS: COPIP£ET~ THE FOLLOWING/~S IT APPL/ES TO YOUR R~OUEST
THiS LICENSE IS FOR: (CHECK ONe)
[~ TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO
[] TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY
~ TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY
TbJs Agreemem made under this license and entered into this day o£ , 200 , by and
between the C~¥ OF ASPEN. Pitkin Coumy, Colorado, hereinaAer refer'ed to as "ASPEN" and
herema "Licensee",
WHEREAS. Licensee is the owner of the following described properties located in the City of Aspen,
Pitkin County, Colorado:
Street Address: 205 w. ~t±n s~., Aspen, C~lor~,rr~
Legal Address: Lo~ H & I. ~/~ Lot~ G~ B2ock 52, Or~i~inal As~oen Townsi~e, Pit'kin
County~ colora, d'o
WHEREAS, said properties abut the following described public right(s)-of-way:
Main 8t ~ee~:
WHEREAS. Licensee des/res to encroach upon sa/d right-of-way for the following purposes and as shown
and described in Exhibit '91 ", attached to this License:
kncient ~enc~ constructed' in front of' hous~
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 encroachmem 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
descr/bed portion ofpublic 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 public pttrposes.
04. Licensee is responsible for the maintenance and repair of the public fight-of-way, together with
improvements constructed therein, which ASPEN, in the exercise of its discretion, shall determine to
be necessary to keep the same m a safe and clean condition. The Licensee shall obtain fight-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 fi.om the City Engineming 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 liabihty 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 '91dditionallnsured".
06. Licensee shall maSntain 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
'It' h reby u d nd agre d that th' ' e poh'cy may
following endorsement: ' IS e nderstoo a e ts Insuranc
not be canceled by the surety until thirty (30) days after receipt by the City, by registered
~ ~ ~ ~ rnail, 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 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 ar/se out of or are in any manner
connected with this license, if such injury, loss, or drayage 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 liabihty, 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 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 m 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 subjem to all state laws, the provisions of the Charter of the City of Aspen as it now
exists or may herea~er be amended, and the ordinances of the City of Aspen now in effect or those
which may hereafter is adopted.
i0. 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.
l 1. 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.
12. In any legal action to enforce the prowsions 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 anv 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 occupanon or construction of encroachments.
14. The licensee waives ally and all claims against the City of Aspen for loss or damage ro 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:
aJ Discontinuation of insurance coverage
bjChange of ownership or alteration of use from the original specific' use in encroached area
c)Restrlction of ,4$PEN or its agents and contractors from access to its lJublic 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.
1N WITNESS WHEREOF. the parties executed this agreement at ASPEN the day and year first written.
{'Licensee)
TttE FOLLOP/ING SECTIONMUST BE COMPLETED BYA NOTARYPUBLIC:
;TATE OF COLORADO )
County of-Pie=in )
The foregoing znsu-mnent was acknowledged before me this
WITNESS MY HAND AND OFFICIAL SEAL. ~r "
(DO NOT WRITE BELOW THIS LINE. FOR CITY USE
APPROVAL CONDITIONS rList if any):
CITY OF ASPEN, COLORADO
~/ ~ - NI~DEH. City Engineer
KATHRYN S. K,13~4, City Clerk
-- REVOCABLE ENCROACHMENT LICENSE ---=
COUNTY RECORDIN6 DAT,~ RECEPTION NUHBER:
3oo1~ NUHBER: PAGE NUHBER:
INSTRUCTiPNS: ~ONPLETE THE FOLLOW/NE/4S IT APPL/E$ TO YOUR PEOUEST
THIS LICENSE IS FOR (cH£¢~' ONE;
[] TEHPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROP TO
[] TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CiTY
~TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CiTY
This Agreement made under this license and entered into this day of 200 by and
oerween the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
Karen H. Chisholm ,at 83 L~zy GIen, ~howm~s~, CO 8165~
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: 205 W. Main S'~d:., Aspen, ~olorado
LegalAddress: Lo~ H & I, Eq~ Lot g, Blook 52, Original A'spen T~ownsite, Pitkin
County, Colorado
WHEREAS, said properties abut the following described public right(s)~of-way:
Mais ~tre~t
WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as sho~
and descr/bed in Exhibit '91", attached to th/s License:
~ncient ~'ence constructed in front of House
WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority ro the City
Engineer to grant e~croachment licenses,
~-IEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject ro certain
ondifions,
FHEREFORE. in consideration of the mutual agreemen~ hereinafter contained, ASPEN and Licensee
covenant and agree as follows:
01. A revocable license is hereby granted to Licensee to occupy, rnaimain and utilize the above
descr/bed 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 ro
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-o£-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
with design approvals for such work obtained from the City Engi~3eering Department. Licensee
agrees to join any improvement district formed for the purpose of constructing hnprovements 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 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 ",4dditiona! Insured".
06. Licensee shall maintain said public liability insurance coverage in full force and effect during the
ten'n 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, ora written notice of such intention to cancel or not to renew." The Licensee shall
show proof of this insurance to the City before th/s agreement is filed.
)7. 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 ar/sing 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 tlfis license, if such injury, loss, or drayage 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 ant
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 ar 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 tmmination. 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 ail state laws, the provisions of the Charter of the City of Aspen as it now
exists or may hereafter be an~ended, and the ordinances of the City of Aspen now in effect or those
which may hereafter is adopted·
t0. 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 land, and binding upon Licensee, their heirs, successors and assigns·
I2. 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 licm~see waives any and all claims against the City of Aspen for loss or damage to the
~mprovemenrs 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:
aj Discontinuation of insurauce coverage
b)Change of ownership or alteration o fuse from the original specific use in encroached area
cjRestriction 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 circrtmsrances, 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.
THE EOLLOIJ~r~ G SECTION MUST BE COMPLETED B Y,,I NOTARY PUBLIC:
STATE OF COLORADO )
'} SS.
County of Pitkin )
The fore was acknowledge~l before me th/s
1.~_~,z~ffy
SEAL.
Date ~ l~Notary Public
--
· Address
(DO ~OT WRITE B]~LO~ Tm8 BI~E. ~OR
APPROVAL OONDITIONS (Lib!if an~):
CITY OF ASPEN, COLORADO
ngineer
ATTEST: , DATE:
~, ...... ^ ~ ~v~ s. ~:°/9~ cYtY l~"-- / 7'~''''~
07,"0"//2003 08:40~
$~LV~ D~V~$ P~TKZN COUNTY CO R 2J.00 D 0.~1~