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Home My WebLink Aboutencroachment.513 W Smuggler.lighting.2003 - -., [] [] I REVOCABLE NMFNT LICENSE.[] [].._ Recording Data: Rece¢ion Number:. 488823 Book Number: page,: 1 or 4 '- S~I_VZ¢i DClVZS PITKIN COUNTY CO 09/24/2003 ONS; COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS LICENSE IS FOR: (~60KONEONL~ ~ TE~OPO~Ry SHORT TERM OC6~P~TION OF PUBLIC ROW FRO~ . ~. TO_ ~ TEBPO~Ry, PERPETUATED UNTIL R~OKED BY ~HE C~. ~. TEMPO~RY FOR PRE-EXISTED CONdITION.AND PERPETUATED UNTIL REVOKED. BY THE C~. This Agreemen( made under bis license and entered into [his_ ~ day of ~, 200~; by,and between the CITY OF ASPEN, Pitkin County, Colorado, hereina~er referred to as "ASPEN" and ' - daytime phone number~,~, hereinafter referred to as "Licensee", WHEREAS, Licensee' is the owner of the following described p¢ope~Jes located in the City of Aspen, PitkJn County, Colorado Legal Address: WHEREAS, said propedies abu~ the following descdSed public right(s)-of~way: WHEREASi"Licensee desires t~ encroach upon .said right-Of'way for the followina purposes and as shown and described in Exhibit "A'.', attached to this License: - - ' WHEREAS, Section 21.04,050,of City of Aspen Municipal'Code delegates the autho~'ity 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 4~ 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. 03. 04. 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/he City of As pen. This license shall be subordinate to the right of ASPEN to Use said area for any public purposes.' 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 sa,~e in a safe and clean condition':' The Licensee shall obtain right-of-way and Building Permit as required by the City .for,,a~ '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 improvernents City of Aspen - Engineering Depadment. 130 South Gatena Street, Aspen Colorado 81611 ~.~970-920-5080 within public right-of-way. 05 Unless the p~operty.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 thaw.those Specified by Section 24-1.0-114,'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". 36. Licensee shall maintain, said public liability insurance coverage in full.force and effect during the term of this License an( shall furnish the City with a most current certificate of such coverage evidencing its validi.t~,. All insurance policies maintained, pursuant to this agreement shall contain the folloWing endorsement: "It is hereby understood and · agreed that this insurance poli~y may no'be canceled by the surety until thirty (3.0) 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 p. roof ~f this'insurance to [he City before this agreement is filed. 07. Licensee agrees to indemnify and h01d 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 a re in' any reaCher 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, e. rror, 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 tl~e .City of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear al' 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 n~ay be terminated' by Licensee at anY time and'fo/- any reason following delive~ of a written/~otice of : Licensee's intent [o cancel. ASPEN may terminate this license at any time and fora'ny re~ison.' Upon.termination,. Licensee shall atL'lcensee's expense, remove any improvements or encroachments from .said property. The property shall be restored to a condi!ion satisfactory to ASPEN. [:)9. This license is suhiect 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 [hose which may hereafter is adopted. 10. Nothing herein shall be construed so as to prevent Aspen from g~anting such additional licenses or property interests in br affecting sam public propeCy...a.s 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 12. 13. 14. $ILVIA DAVIS PITKIN COUNTY CO .City of Aspen- Engineering Departmenl .130 South Galena ' ' Street, Aspen Colorado 81611 ' ' -- In any legal action to enforce the provisions of this Agreement', the prevailing party shall be entitled to its reasonable 'attorney's fees; - 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. " - - The licensee waives any arid all claims against the City of Aspen for 10ss or damage to the mprovements cons[rucled.,..., within the encroachment a. rea. .... 09/24/2003 10: 161: D 0.00 ~'~970:920 5080 15. The Licensee clearly understands the following actions bf Licensee or his/her agents and employees shall automatically terminate an~J 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 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 th'e i'atest Engineering Department standards for improvements of'Public right of.way. N WITNESS WHEREOF, the'par~ies executed this agreement at ASPEN the day and year first written, t (Licensee) .THE FOLLOWIN'G SECTIOI~I MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADE) ) County of Pitki8 ) The foregoing instrument was acknowledged bef~e me this ' ~~ay of....~e~~, ~~ Koth e'ne WITNESS MY. HAND AND OFF.,ICIAL SEAL. My commission expires: D~ta :~t':¢" E. Hopk.(ns Ave. A Pcn¢ CO Cig'ti Address APPROVAL CONDIBONS (u~t CITY OF ASPEN, COLORADO ATTEST: I IIIIIIIIIIIIIIl/llllllllllllllllll/llllllllll 0912412003 SILVIA DAVIS PITKIN COUNTv CO R 21.00 D 0.00 NICK AOEH, P.E,, Ci Oity of Aspen- Engineering Department. 130 South Galena Street, Aspen Colorado 81611 ENG-204-A ,~'970 920-5080 Proposed Turf /. Lawn/ - , ,' Proposed Snowmelt Path Proposed roposed electrical box Turf . Lawn ./ 523 West Smuggler ..>.... andscape Edgin!~ Typ. gtTree t be Preserve '% ' 0 ected -Tryp.- ' Proposed electrical box Pro '1 'PrOng compliant withT~ of Aspen Lighting Code Proposed Deciduous Street Tree Typ. I Transition from new curb to neighboring [~roped¥ to be field-determined· SILVIA DAVIS PITKIN COUNTY CO Curb and gutter to return to at 30 degree angle to avoid damage to tree roots, ~ red(. alt to ~fainta~ ate paved ravel dimen~n o~ ~-0~".ate paveditn 'vel/ 488823 Page: 4 of" 4 09/24/2003 10:1 R 21.00 D 0.00 R.O.W. PERM LI .9