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Home My WebLink Aboutencroachment.232westmain.transformer.2004County Recording :)ate: _.. [] [] m REVOCABLE,-,, ,,-.,-,,.-,^,-., ,,, ,, LICENSE 04/22/2004 10:431: SILVIA DIAVIS OITKIN COUNTY CO R 21.00 D 0.00 INSTRUCTIONS: COMPLETE THE ¢OLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS LICENSE IS FOR: fCHECKONE ON~.~ [] TEMOPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM ,~TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY. E~. TEMPORARY FOR PRE.EXISTED CONDITION AND PERPETUATEB UNTIL REVOKED BY THE CITY. TO This Agreement made under this license and entered in!o this ~2¢¢4 day.. of ~/~:~¢'~., 200~, by and between.the CITY OF ASPEN Pitkin Coun,~y, Colorado, hereinafter refer[ed to as "ASPEN" and ,..~.,V~¢/. ;¢:~--ef'¢/~~' ' at /OI7 I: ...... - " ~ ~(Pfint L~al M~ nc A~r~s) (Pdnt Full Na~e) daytime phone number: , hereinafter referred to as "Licensee", WHEREAS, Licensee is the o. wner _of ~,he following described_properties located in the City of Aspen, Pitkin County, Colorado StreetAddress: '~ W~.~ ~,~<:~ .~__~ ~ ~t.~~, <~/~o Legal Address: WH,E, REAS, Said properties abut the followi.ng described public, right(s);,of-way: WHEREAS. Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described ir Exhibit "A". attached to this License: WHEREAS Section 21,04,050 of City of Aspen Municipal Code delegates the authority to the City Eng'neer 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 the mutual agreement hereinafter contained, .ASPEN and bcensee covenant and agre~ as follows: 0I. 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, sub)ect 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, shalt determine to be necessar7 to keep the same in a safe and dean 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 'DePartment. Jcensee agrees to icon any improvement district formed for the purpose of co.r~s~ruqting ' ~ents l City of Aspen - Engineering 0apartment "1~0 'South Galena Street Asoe~:'~'~a~0 81'6!1 :~" ........... "~ ~9T0:-920:5080 05. within public right-of-way. ~- ,~.~----~ Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Lic~-nsee it' shall at all times during the term herteof, carry public liability insurance for the benefit of the City with limits of not less .,Il than those specified by SectiOn 24-10-~ 14, C.R.S.. (c~ffg'ntly: $15D,000 per person and $600,000 ~er occurrence) as ~'..:. may be amended from time to tim~;:n~a'ming theCity"as'~A'~ditiS~'inSur~d,,. 06. shall furnish the' City with a most currerk certificaie':0{ su~ ~:5~Je'rag~'~dldenc'ing its Vaii'~i]t~,. All insurance policies maintainee 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 07. Licensee agrees ~o indemnify and hold harmless the City of Aspen. its officers, employees, insurers, and self-insurance from and against~all liability,' claims,., and demandS,' on accdunt of injury, ~oss;.oFdamage, inclu'di'nq without limitation claims arising from bodily injury, death, pro~ert~, loss or ~amages or any other toss of any kind w~atsoever, 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 claimeo to be caused in whole or part by the act, omission, error', professional error mistake, negligence, or other fault of licensee. Licensee agrees to inyestigate, handle, re~spon, d to, ~na to- provide defense for and defend against, any such liability, claim or deman~ls at the sole expense of the l'i'~ensee o'r, at the op'tion 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, cia_ms, or demands. The licensee also agrees to.bear all other costs and expenses related thereto, including court costs and attorney fees. whether or not an.y such liability, claims, or demands alleged are groun..d ess, false or fraudulem. - ."' --" .- ~ . , 38 This license may be terminated by Licen§ee at any time and for any reaS°~' f6ilo~ih~'~:el :~e~,"0-~ a'Written- n :otice of Licensee's inter~t to cancel ASPEN may terminate this l!CenSe'at any rime'and ior any reason. UPon termination, Licensee shall at Licensee s expense, rdr/io've any' i~r:6oemgr~ts 6r'~i~r~a~sr~e~.t~ from said property. The property shall be restored to a condition satisfactory to ASPEN. 09. This license is subject to alt state Paws, the provisions of the Charter of the City of As.~en as it now exists or may ~ereafte'r be amended and the ordinances of the City of Aspen now in effect or mose which may hereafter is adopted. 10. Nothing herein shall be construed so as to prevent Aspen from granting.such additiona 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 12. In any legal action to enforce the provisions of this Agreement. the prevailing party shall 1se entitled to its reasonable attorney's fees. 13. If the structure for wn ch th s license was issued is removed for any reason Licensee shall not cont nue to rebuild tn the' ~ubl c rght-of-way. The public right.-~f-Way is for tt~e general'pubii~ benefit 'ahd it is n'0t f0~- 0C6Upation or construction of encroachments. 14. The licensee waives any and all claims against the City of Aspen for loss Or damage to the improvemer'~ c'°nstructed within the encroachment are~. SILVIA DAVIS PITKIN COUNTY CO ~ ~1,0~ 0 0.00 ~~nsee dearly 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 specifTc 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 rig ht of way IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OFFS) County of-~-k-~ ¢_Z:Z:~ OFFICIAL SEAL" MARY A,. RII~IKAWSKIS Not~ry,Pub!ic, State of lilinois M¥ Commission Expires 5~22~06 The foregoing instrument was acknowledged before me this WITNESS MY HAND AND OFFICIAL SEAL. ( My commission exp res: ...5'/~ ~/O ¢2 ' . ~/ , ~)ate ~ ./ ~ Notary Public APPROVAL CONDITIONS (List if any): CITY OF ASPEN, COLORADO ATTEST: , | -KATHRg S. KOCHZC'Yt7 Cle~ V ENG-204-A ~970-920-5080 ] City of Asr)eh - Engineering Der)anmenl 130 South Galena Street, AsPen Colorado 81611 SILVIA DAVIS PITKIN COUNTY CO ~ 2~,00 ~ 0.00