HomeMy WebLinkAboutencroachment.1280 Ute Ave,driveway.2003 == REVOCABLE ENCROACHMENT LICENSE -==
COUNTY RECORDING DATA: RECEPTION NUMBER:
BOOK NUMBER; PAGE NUMBER:
INS?,qL/CTIONS: OONPL~?E THE FOLLOWING AS IT APPLIES 7'0 YOUR
THIS LICENSE IS FOR: (c~ o~)
~EHPORARY SHORT TERH OCCUPATION OF PUBLIC ROW FROH TO
~TEHPORARY, PERPETUATED UNTIL REVOKED BY THE CITY
g TEHPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKEO BY THE CITY
T~s Agrecmem m~de ~de~ t~s license ~d e~te~ed ~to ~s day
be~ee~ the CZT~ O~ AS~, PJ~J~ Co~, Colorado, he~cJ~aAcr
herei~a~er refe~ed to ~ "Licensee",
~E~AS, Licensee is ~e o~er of ~e following deschbed prope~ies located in the Ci~ of Aspen,
Pi~n Count, Colorado:
LegalAddregs~ ~ /.~z ~ / ~z~z~
~E~AS, s~d properties abut the following described public fi~t(s)-o~way:
~E~AS, Licensee desires to encroach apon s~d fight-oSway for ~e following p~oses ~d as sho~
~d deschbed ~ Exhibit "A ", a~ached to tbs License:
~E~AS, Section 21.04.050 of Ci~ of A~en Mmcip~ Code delegmes ~e authofi~ to ~e Ci~
En~neer to ~t encroac~ent licenses,
~E~AS, ASPEN a~ees to ~e ~t of a private license of encroachment ~ built subject to ce~hn
con~tions,
THE~FO~, in consideration of the mutual a~eement hereina~ contorted, ASPEN ~d Licensee
coven~t ~d agree as follows:
01.A revocable license is hereby ~ted to Licensee to occupy, maint~n and utilize ~e above
described potion of public fi~t-of-way for ~e pu~oses deschbed.
02. T~s license is ~ted for a specific use ~d wi~n a specified te~ ~ checked above, subject to
being te~inated at ~y time ~d for ~y re,on at ~e sole discretion of~e Ci~ Eng~eer of~e CiW
of Aspen.
03. This license sh~l be subordinate to the right of ASPEN to use s~d ~ea for ~y public pu¢oses.
04. Licensee is responsible for the m~ntenmace ~d rep~r of the public fight-of-way, together wi~
improvements constructed ~erein, w~ch ASPEN, in the exercise of its Cliscretion, shall detemine to
be necess~ to keep ~e s~e in a safe ~d cle~ condition. The Licensee shall obt~n right-of-way
~d Building Pe~it as required by the Ciw for ~y work to be perfo~ed in the public right-of-way
, with design approvals for sucl~ work obtained from the City Engineering Department. Licensee
agrees to join any improvement district formed/'or 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 hability insurance
for the benefit of the City with limits of not less than those specified by Section 24-10-I 14, C.R.S.,
(currently $150,000 per person and $600,000 per occurrence) as may be an~ended from time to time,
naming the City as ",4dditionallnsured".
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 tS here understood and agreed t~t ~ts insurance pohcy may
not be canceled by the surety until thirty 00) 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.
07. Licensee agrees to inderrm/fy 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
dmuages, 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.
)8. This license may he tem~inated 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 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 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.
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 slructure 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 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
ORestriction of ~SPEN 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 immediately.
1N WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written.
(Licensee~
THE FO£LOWING SECTION MUST BE COMP£ETED B Y A NOT.4~Y PUBLIC:
STATE OF COLORADO )
County of Pitkin )
The foregoing instrument was acknowledged befor, e me this
Tv'ITNESS MY HAND AND OFFICIAL SEAL. I~: ~t 191, .~
(DO NOT WRITE BELOW THIS LINE, FOR CITY USE ONLY)
IPPROVA£ CONDiTiONS (Ust if any):
CITY OF ASPEN, COLORADO
: // "~ - NI~A"I~H, City Engineer