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Home My WebLink Aboutencroachment.521 E. Hyman facade of bldg.2004 APR 4 2005 6'09PML---200 E MAIN ST ASPEN CO USA NO 933 P.2 .:. ~.... REVOCABLE' ENCROACHMENT LICENSE.... __ . '---o;e Number: County Recording Data II 111111 11111111 111111 511897 Reception Number. _ Page; 1 of 4 Book Number. 07/01/2005 11 30A SILVI~ DAVIS PITKIN COUNTY CO R 21.00 o 0.00 , . ~~L:Cc~~CCCC::C::~CCC:~~-'-"-;"'-'~~=cD~~::J~~ . INSTRUCTIONS: COMPLETE tHE FOLLOWING SECTIONS AS IT APPliES TP YOUR REQUEST THIS LICENSE IS FOR: (CHECI(DNE;OIIl.~ . o TEMOPORARv SHORTTEI\M OCCUPATION OF PUBLIC ROW FROM TO q',T:Ef,1PORARY, PERPETUATED UNT!\. REVOKED IlnHE CITY. . g TEMPORARY FOR PRE-EXISTED CONorrIO~ AND PERPETUATED UNTIL REVOKED IlY THE CITY. Tnis Agreement made under this license and entered into this _day of , 200_. by a~d between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASP~yandA..v HtUI)f#t#-5 l.J. ~ . ~~.z I FII's r . 'IH . J EdUlanl 'Z>1N'6-I/.IAN .atlt.D fA). .>1.2~~ sr. , &oAlY. NV ItJ.f.J3 , 1I'ri'IFlJllNanel . 1~ll'Il""lilI'!lAcId""l daytime phone number: (~/K) s-t:l- '1o.ft, . , hereinafter referred to as 'Licensee', WHEREAS., Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: . Street Address: S;ll E'. 1I'I/fII11AJ II tle1/vf:. - "t:JL.D 13pA/ roN ,sT1.)l;)I() .. Legal Address: U4/rt:i '~-'.2 ..I 7h! 13f/ii1/'n)# 'B#'lD/A/6 . CO,vbp,f(IN'11I1H dht.. WHEREAS, said properties abut the fallowing described PUblitrign~~f-way: ::;:;/J. S" 't()~7,.;r:t ~~:';.~ . I/YIf,M-AI A,rlt!NI-U. SID~IPAII<.... . . .' . " WHEREAS, Licensee desires to encroach upon said right-of-way far the following purposes and as shown and .described in Exhibit "A ", attached to this License: . I'D IIAlI! o/rt'a.fl't' UJIM eU(/,IIt'~ni-;~ En t!.J7I)t). dun ~'" I" DI' bt.u4l';'f ,;' .., WHEREAS, Section 21.04:050 of City of Aspen Municipal Code delegates the ,authority to the City Engineer to grant encroacl1ment licenses, WHEREAS, ASPEN agrees to the grant of a private license bf encroachment as built subject to certain conditions, THEREFORE, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as fallows: . 01. A revocable license is hereby granted to Licensee to occupy, maintain and utiiize tile above described portion of public right-of-way for the purposes descnbed. 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 subordinate to tile 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, shall determine to, be necessary to keep the same in . a safe ~nd clean condition.. TIle 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 ",(t!'oF City of Aspen. Engineering Oepanment, 130 South Galena Slreet, Aspen Colorado 81611 g>970.920.s080 ReVlSU):OY1~r>>4 APR. 4.2005 6:09PM 200 E MAIN ST ASPEN CO USA NO,933 P.3 , . Department. Licensee agrees to join any improvement district fonmed for the purpose of constructing improvements wittiin public right-of-way: ~ 05. Unless the property that is the sUbject.of this license agreement is covered by a homeowne~$.insurance policy, Licensee shall at all til]es during the term hereof, cafTy public liability insurance for the beneflt of the citY wiih limits of. not less than those specified by Section 24-10-114, C.R.S., (currently $150"OQO per person and $600,000 per occurre~ce) as may be amended from time to time, naming the City. as "Add/fiona/Insured". 06 Licensee shall maintain said public liability insurance coverage in full force and effect du'nng the term of this License and shall fumish the City with a most current certificate of such coverage evidenci!19' its validity. All insurance policies , maintained pursuant to this agreement shall contain the following endorsement: "It is hereby understood an d 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 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 indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on aCcOunf of injury, loss; or damage. mcluding without limitation claims arising .from bodily injury, death, property ioss or damages, or any other./oss of any kind whatsoever, which arise out of or are in any manner connected wilt1 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 otherfau.1t I of licensee. Licensee agrees to investigate, handle, respond to, and to proVide defense for and defend a.Qainst, 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 ali other costs and expenses related thereto, including court costs and attorney fees, whether ornot any such liability, claims, or demands alleged are groundless, false orfraudulent. . 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'temiinate this license at any time and for any reason. Upon termination, Licensee shall at Lic;ensee's expense, remove any improvements or encroachments from silid property. The pJ>lperty shall be restored to a condition satisfactory to ASPEN, ' . . OS" This license IS subject to all state laws, the provisibrts 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 iicense of encroachment shall constitute covenants running with the iife_ of improvements encroaching in public right of way, and binding upon Licensee, The encroachment shall terminate when the improvement ha~ failed o'r out of compliance with required standards of performance or If it is revoki;!d by' the City, whichever comes sooner, 12, In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled tc Its reasonable attorney's fees, 13, if the structure for which this license was issued is removed for a~y reason, Licensee shall not continue to rebuild in the . pubiic right-of-way. The putilic right-of-way is for.the general public benefit, and i) is not for occupation or construction Qf . encroach ments',' , Clly~Aspen.Enwneering'Depal 1111111111111111111111 ~;:~~:;I ~130A50BD SILVIR DAVIS PITKIN COUNTY CO R 21.00 0 0.00 . 'RmUD:Q9frv2DD.( I APR. 4.2005 6:10PM 200 E MAIN ST ASPEN CO USA NO. 933 P.4 A , 14. 1ne 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 hislher 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 anrl contractors' from access to its public land under the encroached area not occupied by a previously constructed building. ..' Under these circumstances, the Licensee shall resiore 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 right of way. . . IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. ~ 4{l!.; 0L . THE FOLLOWING SECTION MUST BE COMPLETED BY A 'NOTARY PUBLIC: STATE OF OOLORADO) N ,y CDuntyof~ EX ) )ss. 11111111111111111111 II ~;::~~~I ~1:30P The.fo~oing instf1Jment was acknowledged before me MgI" DAVIDS PITKIN COUNTY CO R 21. 00 0 0.00 ~ day of 19- t?"- .,(00.(19-, by fdwa.r./ G _//1':)1 /:4 r) ,(Licensee), V . WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: AI 0 II ,30 ;;) 00 {.~ Dale NoIary Pubic JEAN. COLEn;~w York . Notary P~~1i~3~~~:5~46 t>i / AddlOSS Oualilied In t;ru'N'^O'?~~ ~") ......u:xolres ..". ~L~~O=CCLo::.O=CCC~~"""""""""~J:=t=>~::D j*lm....~.~ . (00 NOT WRITIi BELOW THIS UNE, FOR CrrJ USE ONL 1') APPROVAL CONDITIONS (Wi/.ny): CITY OF ASPEN, COLORADO By: '~ J~ // NICKADEH. P.!.. c~ E0\9;,eer DATE: ~ -.~ - ~ ENG-Poli~.204-A City of Aspen. Enginoering Departmenl, 130 South Galena Street, Aspen Colorado 61611 El' 970-920-5060 R0VI805/j_ ~ ~ I "~/l'I-.~1 r J ~ t <( ~ IU ~~ I < dl 0 I- IU \I. ,; z Z J ~ ~ J () IU <( 11 11 ~ ~ i Il. IU lL () Q IU 11 IU dl () Z I- dl Ul !!! z z <{ ill J I- !:: --l \'l ~ I- ~ X ill ., ~ . I J > I ~ . ~ ~ . . . N x e "- ~ I ~ If) , ~ ~ 0 , ~ I ~ ~ N ~ L L ~ = ~ L - 11 i 5 i1:::~~'~;~:'_.~-'- 0 <J 0 l- t> 0 <( 0 J 0 <J i Il. }. 0 <( ~ J x Il. < !D . . i C\ j ~ , . z Q I- <( .----., Cl S ~ z , ::> , () , u. ~ , oil , ~~ <: ------------------; I- :----_.! \I) x \l) fI.l=-- III ~ I- Z 11111111111111111111111 :;;:~~:~I ~1:30A SILVI~ DAVIS PITKIN COUNTY CO R 21. 00 o 0.00