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HomeMy WebLinkAboutencroachment.629wsmuggler.wall.2004--.III REVOCABLE'ENCROACHMENT LICE'NSF III.._ Reception Number: 'Book Number: Page Number: INaTRUOBONa: ~OMPLETE THE FOLLOWING ~ECTION8 ~ IT APPLIE~ TP YOUP REQUEST TNI8 LICENBE 18 FOR: CHEOKONEONLY) ~ TE~OPORARY 8HOR~TER~ O'OO~PATIONOF PQBLIO ROW FROM~ ~ TO ~ TEBPO~R% PERPETUATED UNTIL REVOKED BY T~EC~T~. This Agreement made under this lioense and entered into this I~T day of ASPEN. Pitkin Oounty, Colorado. hereinafter rebrred to as "ASPEN'' and fPrint Full Name] , (Print Legal Mailing Address) O~ ~a ~ 6 0 daytime phone number: '¢~R~ ~--~:'~-~ ~ hereinafter referred to as "Licensee", WHEREAS, Ucensee ~s the owner of the following described propedies located in the Q[y of Aspen, Rtkin Coun[y, Colorado Legal Address /~!- ~ A~O ~E ~E~T fl~ 'cF WHEREAS, said propedies abut~he following descr bed public right(s~-of-way: ' WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described 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 encroach men t licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE. ~n consideration of fhe 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. 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. This license shall be suoordinate 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-w.ay, together with improvements constructed therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition The Licensee shall obtain right-of-way and Building Permit as required by the City for any work to be perf?_rmed in the public right-of-way with design approvals for such work obta ned from the Eng neering 498709 or, 499103 Page: 1 of' 4 Page: 1 of' 5 06/17/2004 08:54R 06/28/2004 03:22P SILVIA DAVIS PITKIN COUNTY CO R 21.00 O 0.00 STLVTA DAV!S PLT_KZN COUNTY CO R 26.00 o 0.00 Department. Licensee agrees to join any improvement district formed for the purpose of constructing Improvements within public right-of-way. 05. Unless the property that is the subject.of this license agreement s covered by a homeowner's insurance policy, Licensee sba at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not tess 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 lability 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 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, of a written notice of such intention to cance/ or not to renew." The Licensee shall show proof of 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., ~nsurers, and self-insurance, from and against all liability, claims, and demands, on account 0f injury,._ loss, or damage, inclu~lBg'~itl~oUt lirnit~ti~fi claims arising from bodily injury, death, property loss or damages, or ariy 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 agre~es to investigate, handle, res?ond to, and .to provide defense for and defend against, any such liability claim ar demands ,at the.~9!e expense of the .licens, e~e (pr, a{' tt~' opti0~n 0i ~he' City' ~ A'~l~e~i'-licensee agrees to pay City of Aspen' or reimi~urs~ (~i{y SfAspe'n for the defe~S~ co'~'i~"ir~u'ri:~b~i"th'~ Cii~ 0f-Aspkn 'n' 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 ~i'd';/such !iab, jlity, clairn~s, or demands alleged are g'oundless, false or fraudulent 08. 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 terminate this license at any time and for aqy re'~son. Upon termination Licensee shall at Licensee's expense, remove any ~mprovement~ or encroachments from sad property. The property shall be restored to a condition satisfactory to ASPEN 09. This license is subject to all state laws, the prowsions of the Charter of the City of Aspen as it now exists or "nay 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 ora~_f_f_ec_~ing said public property as it deems necessary. 11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the life of improvements encroaching n public right of way, and binding upon Licensee. The encroachment shall terminate when the improvement has failed or out of compliance with required standards of performance or if it is revoked by the City, whichever comes sooner. 12. 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 fer any reason Licensee shall not continue to rebuild in the public right-of-way. The public right-of-w~,y is for the general public benefit, and it is not for occupation or construction of encroachments-. City of Aspen - Engineering De~ar~mem 'i30 South Galena Street, Aspen Coiora Page: 2 o~ 5 ' 06/28/2004 03:2~ $IIi~'I'A'D)qVIS PITKIN COUNTY CO R 26.00 D 0.00 15, The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constru~ within the encroachment area. 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 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 encroachmenl to its original or better conditions immediately and in accordance with the latest Engineering Department standards for improvements of Public right of way, N WITNESS WHEREOF, the parties executed this agreement ar ASPEN the day and year first written. (Licensee) THE FOLLOWING SECTION MUST BE COMPLETED BY A 'NOTARY PUBLIC: STATE OF COLORADO ) County of Pitkin ) ) SS. The.foregoing instrument was acknowledged before me this day of ,19 ,by (Licensee). WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Date Page: 3 of 5 06128/2004 03:22P SILVI~ D~VIS PITKIN COUNTY CO R 26.00 D 0.00 Notary Public Address 4PPROVAL CONDITIONS fList if any): CITY OF ,~SPEN. COLORADO Page: 2 of' 4 SZLVII~ DRVIS PI KIN COUNTY CO 06/17/2004 08:54P R al.ee D 0.00 ty Engineer ENG-Poficy-2O4-A REVISED 05/10/2004 City of AsPen - Engineering Department, 130 South Galena Street As 3eh Colorado 81611 ~970-920-5080 Page: 4 o¢ 5 06/28/2004 03:22P SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 CALIFORNIA ALL-PURPOsE ACKNOWLEDGMENT State of California County of ~ ~-J~/~.. D~te personally appeared SS, beforeme, /~/~..~ ~. 0~.,~~// Name and Title of Officer (e.g., "J~'ne Doe, Notary Public") ' · Name(s) of Signer(s) ,~ersonally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraUdulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Documen,: /~L~J~g{~le ~'-~/]~O~t~/~-~ £iee~.~o-ea DocumontDate: ~/~]/0~ NumborofPagos: ~~~ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: F~ Individual [] Corporate Officer-- ~tle(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact ~ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1999 National Notary Association · 9350 De Soto Ave., P.O. BOX 2402 · Chatsworlh, CA 91313-2402 · www. nationalnotary.org Prod. No. 5907 Reorder: Ce. Il Toll-Free 1-800-876-6827 Page: 3 of' 4 06/S. 7/2004 08:54R SILVIR DAVIS PITKIN COUNTY CO R 21.00 D 0.00 GR~AGE _~LLO~ pLA~?,k ROD ~tTa ~U~TTN~ .~'~C CAP N 75'0~1~3t66WC MARKED ~' W I OF TRUE CORNER I II1[1[ I1[11 Illil Illl III!1111[ III!1111 Ill Ill[ ill Ill BILVIA D¢IVIS PITKIN COUNTY CO R ~.00 O 0.00 ~0~JNO 5/8-~1~C C~P ~ BUL~ .... 2 $'fOR'f F RA'~E ~ouSE 24.2' / 75°09'!~- ~ 45.00. o X..,- vE RI. 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