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Home My WebLink Aboutencroachment.513 W Smuggler.alley.2003_.. [].. REVOCABLE ENCROACHMENT LICENSF.. [].. _ 3ountyRecording Data: Reception Numt: IIII/llli/I]ll]l/lll/llll]l/lllllIllllll/lllllllll]llll 488824 Bo°kNumberi_ I Page: 1 or 4 -- 09/24/2003 10: S~LV~ D~VIS P~TKIN COUNTY CO WR~UCTION3; COMPLETE THE FOLLO~NG 8ECTION8 AS/T.APPUES TP YOUR REQUEST THIS LICENSE IS FOR: ~ TEMOPO~RY SHORT TERM occUPATION OF PUBLIC ROW FROM. TO ~EMPO~RY, PERPETUATED UNTIL REVOKED BY THE Cl~. ~. TEMPO~RY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CI~. This Agreement made under this license and entered into this ~ day of~ ,200~ by and be~een the CI~ OF ASPEN, Pitkin County, Colorado, hereina~er referred to as "ASPEN" and -- ' [PdnlFull~am~] ' ' ' daytime phone number~,,~ '~""~ ~ u,,N Add~] ' , hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described, p'r~pedies located, in the City of Aspen, Pitkin County, Colorado: Street Address: ~¢~ ~. ~!/~ <~ ~ Legal Address: - ' - · WHEREAS, said propedies abut. the follow] ng described public right(si-of-way: kS, Licensee desires [b encroach upon said right-Of-~way for the following purposes, and as shown and descr bed in Exhibit "A", attached to this License: WHEREAS, Section 21.04.050,of City of Aspen Municipal Code delegates the authdrity to the City Engineer to grant encroachment licenses ..... .. ¢/HEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE in consideration of-t!~e 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. 03. 04. 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 Engin'eer of the City Of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any public Purposes.' Licensee is responsible for th e '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 sa, roe in a safe and clean condition:~ The Licensee shall obtain right-of-way and Building Permit as required by the City for~a~y work to be performed'in the public right-of-way with design approvals for such work obtained from the Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements City of Aspen - Engineenng Oepar'[ment, 130 South Galena Street, As zen Colorado 81611 ~.~970-920-5080 ] within public right-of-way. 05. Unless the property that is the subject of this license agreement is covered by a homeowner's 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. 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 .shallcontain the folloWing endorsement: '?t is hereby understood and agreed that this insurance policy may no'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 ~f 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 iniury, 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 masher 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 faul 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. This license may be terminated' by Licensee at any time and fo~' 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 :improvemenls or encroachments from ~aid l~roperty. The property shall be restored to a condition sa'tisfac[ory to ASPEN. 09. This license is subject to all stat~ 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 proper~y.,~s it deems necessary. 11 The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with Ihe land, and binding upon Licensee. 12. 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 s~all 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. 09124/2003 '10: L _SILV~[A DClVTS PITKIN COUNTY C0 R 21 .00 D 0.00 ,City of Aspen-_ Engineering Department, .130 South Galena Street, Aspen Colorado 816'11 - ~.~'9~'2~)-5080 15. The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automa~ 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 punic/and 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 th'e iatest Engineering Department standards for improvements of Public right of.way. IN WtTNES~S WHE~EO~, the'parties execuled this agreement at ASPEN the day and year first wdtten. (Licensee) FHE FOLLOWING SECT/ON MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADO ) ,) 'SS. County of Pitkin ) .My Commission E~pims 9/19/2006 The foreqoing instrument was acknowledged before, me this 2. ¢ day ofSe?.i.¢rnbc, r ,~o, 9y~..¢' td-.o,'i-htc'z~e H. ~c.:.~'~oere(,~ensee). WITNESS MY, HAND AND OFF.,ICIAL SEAL. My commission expires: ct. Iq, 2..00~ Date F__.. Hop ,qve. Notary Pubhc ~ .' co_ I )kddress ~' (DO NOT WRITE BELOW THIS LINE, FOR Cl~ USE ONLY) APPROVAL CONDITIONS (List if any): CITY OF ASPEN, COLO~DO ..... NI"O~AD~P.E., City ~ngin~r ~ ~ = City of Aspen - Engineering DepadmenL 130 South Galena Street, As~en Colorado 81611 ~9~0-920-5080 Page: 3 of' 4 09/24/2003 10: 16lq SILVIA DAVIS pI'rKIN COUNTY CO R 21,00 D 0.00 ENG-204-A Proposedll · ~'ur~ / Lawn:/ Proposed Snowmelt Path SILVIA DAVIS PITKIN COUNTY CO I llllll Illll IIIIll II/Ill Illl/il/il IlJll Ill IIIII I/il IIII 09/24/2003 10: R 21.00 D 0.00 Curb and gutter to return to line at 30 degree angle to avoid damage to tree roots,. I ~'~ '' ' JU ~ ' ' . X~p"andPmteciedryp. "' ~ I ~ . .: · rOUsed electrical box ~... t... ~ ~:~_ :.., ro~ ~'.-o'~" ' '"' "' '~ '~'"? ~.~ '"" "' "' = "" J ! ,. .I complia~ ~f Aspen