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Home My WebLink Aboutencroachment.533westfrancis.landscape.2004. · [] ! REVOCABLE ENCROACHMENT LICENSE i [] ·.._ 04/28/2004 OB :28¢ SILVIA [)AVIS PITKIN COUNTY CO R 21.00 0 0,00 INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS LICENSE IS FOR:/CHECZ ONS0NLY) ~} TEMOPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM. [] TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY, [] TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY. TO This Agreement made under this I~cense and entered into this day of ., 200..~, by and between the CITY ASPEN, Pitkin County, ColOrado, hereinafter referred to as '.'ASPEN" and (Print Full Name) (Print Legal Mailing Address) ~' ' daytime phone number: (~74 '~2z:)- '~.o~Y7 , hereinafter referred to as "Licensee", WHEREAS Licensee is the owner Qf th.e..fo!10wing described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: ¢¢-/'~ ~ /::~Cl~ ~-~"7": . /~r~ ~; (-~,0 g;'(~ l ! ~ .' LegalAddress: .L_~-T' !. ~:~'~ WHEREAS, said properties abut the following 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 in Exhibit "A", attached to this License: 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 pdvate license of encroachment as built subject to. certain conditions, THEREFORE,. in consideration of the mutual agreement here!nafter contained, ASPEN and Licensee covenant and agree as foilows: 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. 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. 04. This license shall be subordinate to the right of ASPEN to use sa d area fer any public purposes. Licensee is responsible for the maintenance and re pair of the public right-of-way, together with ~mprovements constructed therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same ~n a safe and clean condition. The Licensee shall obtain right-oFway 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. Licensee agrees to join any improvement district formed for the purpose of constructing improvements City of Aspen - Engineering Department, 130 South Galena Street, Aspe~ Coi0~adc 81611 ~'97(~: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 1 shall at all times during the term hereof, carry public liability insurance for the benefit of the City with imits of not less than those specified bY Section 24-10-114, C.R.S., (curr,,ently $150,000 per p,e, rson 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 tl~'e~'City with' a most current certificate of such cOverage evidbr~cj~'g:'i't's Validity. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: "It is hereby understood and agreed that this insurance poficy 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 filecl. 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 los.s_ o~a~y kind.wba_tsoeyer, w~_cb_~rise iOsUt of or are ir: any man~er connected with tills liC~r~'~'i~'~uch injuFji'loSs, 6r~l~m~'~'~is caUSbd in Wt~01e or in part bY, or 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, Iiandle, 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 Asj:)en, 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 no~ any such liability, claims, or demands alleged are groundless, false or fraudulent. - This license may be terminated by Licensee at any time and for any reason following delivery of a written notice of Licensee's intent to cancel. ASPEN may termi'nate this license at any time and for any reason. Upon termination,. Licensee shall at Licensee's expeh~'i'i:emb~-b.aiiy im proVbrfibhts 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 th'e Charter of the City of Aspen as it now emsts 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 runn ng with the 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 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. City of Aspen - Engmeenng Department. 130 South Galena Street, Aspen II Page: 2 o¢ 4 04/28/2004 OD: $IuVI~ DnVI5 PITKIN~, COUNTY_ CO R 21.00 D 0.00 15. The Licensee clearly understands the following actions Of Licensee or his/her agents and employees shall aut°matically 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 ofA SPEN or its agents and contractors from access to its public land.under the encroached, area not occupied by a previously constructed building. ' Under thes~ ~C i'cijmStanCes, the Licensee shall restore the right-of-way under the encroachment'to ].tS'6ri~inal or better conditionS immediately and in accordance wi(h the latest Engineering Department s(andards for impr°vements of Pub c right of way. ~~! !i~, cured this agreement at ASPEN the day and year first written. IN WIT ' (Licensee) THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADO ) ) SS. County' of Pitkin ) The foregoing instrum¢,nt was acknowleaged before me this ,::~),l~-[-.dayof ,),(¢.~¢.,~.~,2.~ 21~(~by 'D/~FI[) ~-~.t~0~ (Licensee). WITNESS MY HAND AND OFFICIAL SEA, L. ~,-:- ........ ' '<.'."o'%.. My commission expires: ~-[l~l~~~' ~'~ ' - ,-,.., - · ~ /¢lOt~'f ,/0~ .. ': -.,,~ NotaryPublc ~ (DO NOT WRffE'BEEOW THIS LINE, FOR C~ USE ONL~ APPROVAL CONDITIONS (L~st if afiy): CITY OF ASPEN, COLORADO B~neer ATTEST: KATHRYN S. K~, ~Clerk - DATE: ENG-204-A City of Aspen - Engineenng Department, 130 South Galena Street, Aspen Colorado 81611 ~!~'970'-9~l~508~ t Ilg19 °P~e't°I°D u@dsV 'IS SION¥~d=I /S~N~ CCc~