HomeMy WebLinkAboutencroachment.Lot 3 Park AVe. retaining wall.2004
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SILVIA DAVIS PITKIN COUNTY CO R 21.00 0 0.00
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_ _. . .. REVOCABLE ENCROACHMENT LICENSE.... _ _
License Number:
County Recording Data:
Reception Number:
Book Number:
Page Number:
~~~~~~s~~~~~~~~~~~~~~~ ~d~~~~~~~~~~~~~~~~~~~~~
INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST
THIS LICENSE IS FOR: (CHECK ONE ONLY)
D TEMOPORARY SHORTTERM OCCUPATION OF PUBLIC ROW FROM TO
~ TEMPORARY, PERPETUATED UNTIL REVOKED BYTHE CITY.
D TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BYTHE CITY.
This Agreement made under this license and entered into this _day of , 200_, by and between the CITY OF
ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
f1".LE to PIr.P.K. AVeNI/e) LLC. ,at c/o f(dL~"'NO *" fI^~1t 600 G .~tN, (tSfOI ~16!1
( nnt Full Name) (Pont Legal Mailing Address)
daytime phone number: 6~) "t,. s -... 4- 1(;,. , 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:
Legal Address: L.'T '1, PA./Uc.- nAU .(Ue,.I\1VI.SIII'N, Jr:; {j eN, CO
WHEREAS, said properties abut the following described public right(s)-of-way:
QIt A..~ /leV<&Nu..'{,.
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:
Two CO~c.AeTE" A.~""IAJlN&- I.VI"tLLt !l\.l.XrEjl"~ CA.r"ewA:~ ofF fltl..\t:. A;VeNv,r=
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 private license of encroachment as built subject to certain conditions,
THEREFORE, in consideration of the 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 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, shall determine to be necessary to keep the same in
a safe and clean condition. The Licensee shall obtain right-of-way and Building Permll 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 Enqineerinq
City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611
!'J'970-920-5080
REVISED: 05/1012004
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SILVIA DAVIS PITKIN COUNTY CO R 21.00 0 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 is covered by a homeowners insurance policy, Licensee
shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less
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 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. Ail 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 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 account of injury, loss, or damage, including without limitation
claims arising from bodily injury, death, property loss or damages, 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.
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 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
life of improvements encroaching in 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.
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.
City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611
!'J'970-920-5080
REVISED: 05110/2004
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SILI/IR ORVIS PITKIN COUNTY CO R 21.00 D 0.00
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
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
right of way.
IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written.
LJ:J.L;..... ~ ~ CJ--..,It, ?, '-<<""'i-i,-Foot
( icensee) } A_ I / r{C. AI/<' lU.. LLc..
M41\"'~ I '""1tl./' ... 1\ I
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 lloS 1I'1n" I iJ~"'",c.,... ~... ""Il.~l ",."
;W+" day of AI'I\.\L.. ,aOS,by ~t\^AJe -t(1I\A.VE:Y. (Licensee). c,ot;lIA Ill/6-eta ,
, '. . ::;;:::....., Mf\IJ'otTt:>A oF- ~"L&/tIIMK
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/~ 'iT~~~AND AND OFFICIAL SEAL.
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'~~. t ~."~~. i~n expires: ~
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APPROVAL CONDITIONS (Ustifany):
~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~d~~~
(DO NOT WRITE BELOW THIS LINE, FOR CITY USE ONLY)
CITY OF ASPEN, COLORADO
By'
ENG~Policy-204-A
!'j'970-920-5080
REVISED: 05110/2004
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