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Home My WebLink Aboutencroachment.716 W. Francis.brick pad.2006 I "'''-'~''----'._-'''~~''"'',",~,~",~_,-"",-->-~ ~_...,~.__...,,_,,_,____ ,..,..,_",__~'~_~~",_"_,,,""--~__ _,.. "_,.__'.'_"~.'"'___m'_".._.,_._ REVOCABLE ENCROACHMENT LICENSE Rec'd ~ II 'Z.oO" License Number: 7 ~ - 6 - 5"13 County Recording Data: Reception Number. Book Number. Page Number: CCCCCCCCCCCCCCCCCCCCC~::>:::::CO=>::)::O::>::>;2;;Q:;C)::>:::O::eel INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS UCENSE IS FOR: (CHECKONECWlY) o TEMPORARY SHORT TERM OCCUPATION OF PUBUC ROW FROM TO o TEMPORARY, PERPETUATED UNllL REVOKED BY THE crrY. Ji TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNllL REVOKED BYTHE CITY. This Agreement made under this license and entered into this _day of . ~ by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as 'ASPEN' and 7/'" -.".J. i"~NC/ So ~ L.L.G .at 7400 e C€.eS,l.-INE" Cl R. 51-LITe.. ZOO , (PmtH.t.....) . I ............-......., G.e~.h.vO?j) VIi....LA-& daytime phone number. '110 "/20 :5 2../:=, Nee/Ie.., hereinafter referred to as 'Licensee', B 0/ II ~ 30 Hern<l-ndez. - Lc>c~, l.- C'O>.jj-AC ,. WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: 7/ep w.FrzAI-.l.CWS ~T"A~N. COSIC,pLI Legal Address: . - - ' C--IT'( ""'N ,-<::>tVN.SI-re <::>F rt>- 'eN.. WHEREAS, said properties abut the following described public righ~s f-way: \,,~\ T'l2ANc'I<;' <$.Ttz6Er G 3, WHEREAS, Licensee desires to encroach upon said right-{)f-way for the following purposes and as shown and described in Exhibit "A", attached to this License: S)<!<;.rINy ~1L-tzc=>~D ne C<..lIZ~1 CAf;.r II20N MAt L- ~)<. 11-'1 P->fZCC!,=,- p....D / e:>IZ-CCje: lJ...lA.l..-(<::' -t ~$oT llZOl4 -<::orAS l.-AoM F' 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 bui~ subject to certain condttions, 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-{)f-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-{)f-way and Building Permtt as required by the City for any work to be performed in the public right-{)f-way with design approvals for such IMJrk obtained from the Engineering City of Aspen - Engineering Departmen~ 130 South Galena Street, Aspen Colorado 81611 ~9JO.920-5080 REVISED: 41112006 1111111111111111111111 ~~7:~::~ ~ I : 03A JANICE K VQS CAUDILL PITKIN COUNTY CO R 21.00 0 0.00 ~"""-~-'''~' .I~. Department. Licensee agrees to join any improvement district fonned for the purpose of constructing improvements within pubfic right-{)f-way. 05. Unless the property that is the subject of this license agreement is covered by a homeoYll1er's insurance policy, Licensee shall at all times during the tenn 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 M Additional Insured". 06. LicenSf16 shall maintain said public fiability insurance coverage in full force and effect during the term of this License and shall fumish 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 cancel or not to renew." The Licensee shall show proof of this insurance to the City before this agreement is filed. a: '" '" - ..- '" ('I) <o-ID'" 0'" . ('I) "'.. (,ON~C r- u '" o- N 01' ,,., ~ '" 1.1.. Q. SOcg '" 07, Licensee agrees to indermify and hold hannless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all fiabRity, claims, and demands, on account of injury, loss, or damage, including without limitation cIains 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 fautt of licensee. licensee agrees to inwstiga/e, handle, respond to, and to provide defense for and defend against, any such liability, cIlim 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 iability, claims, or demands. The licensee atso 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 OS. This license may be terminated by licensee at any time and for any reason foIIoy,,;ng delively 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 shat be restored to a condition satisfacklly 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 toO'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 perfonnance 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 attomey'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-{)f-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 Departmen~ 130 South Galena Stree~ Aspen Colorado 81611 8970-920-508O REVrSED: .fI112OO6 ~--I 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 hislher agents and employees shall automatically terminate and cancel this agreement: a) Discontinuation of insurance coverage b}Change of oWllllfShip or alteration of use from the original specific USl/ In I/ncroached area c)RestrictIon of ASPEN or its agI/IIts 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-{)f-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 WHE,d' the parties executed this agreement at ASPEN the day and year fIrst written. 7?..~tL. fP. ~,,~~ 7~~.;4.~~ue. (Lice'nsee) )ss. THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBUC: STATE OF COLORADO) County of Pitkin The foregoing instrument was acknowledged before me this JOfk Day of ktJ IL~ . 2()(t(, by WITNESS MY HAND AND OFFICIAL SEAL. ~-/& ~~~~~~~:~- APPROVAL CONDITIONS (Listif any): crr-rr-'('-I.-r-r-(CCcccr-'-'-~=:J~~=:J::>::>::>::>::>::>::>=J~::>=r:J=:J-=>::J::>::>::> (DO NOT WRITE B8.OWTHlS UNE, FOR CITY USE ONLY) .' CITY OF ASPEN, COLORADO B, ~ <1,:6~A= A~ST: ~ et.:611.JF: ~DATE: pe:r-r. O~ lul-ZCOb EN<N'ofcy-2Q4-A City of Aspen - Engineering Department. 130 South Galena Street, Aspen Colorado 81611 897(1.920-5080 REVlSEIJ:41111fXJ6 n ~ (JiB .. ~ ~ . . 0~ 1 ", . __________ ' ;;~ I~ ~~- ~. ~ .' i I I , i I I I I- I < - - <]z El I i~,:~~~~i - ;l_r1~\,,\,\i\iiiJl/l1ill(ll c '~$o~.\) 1104" 110, . ~~~"l ..geo .;f/1~'~ ::,~i;J"Q:"."'U -.'1. ~ . - :,~'p .. ~ ~ ,4:~~,! 6'. ..~~ ~-~i')~~ ~ :~~ '=C:>.~"" fi? ......'=-' _ie~~'!~~~J~ l~~ ~'G C'il~~::!!:If~~-"1f~' () ~'>." ~ .1:~, (/.~,,~-.: of; ~....'" ''::' C'l!"'-:', '.~ .",,'t.'; ~tl<:,"V,';;:; "_",~:,;F.,' ':o..."o..~ "~~~' . ':'''-''; ," "_'n.~-c.0 ::'\":' <~/:/" l.:lll \1 \ ':' \\'~\,\ "'f!!!':',;!I',"'-"\""\\' c. " ~- J:' - '-' < '< - - ~' ,: ".,,~ ",',. :~ .., ,. ,,' ~ ~ ~ !.< :: ;'-1 ~ , '.' " ,'., " - - "'-' ..:t: - ": "" = j " i j,~~: ;;~ o"~ ~~~~~ ,,;;:; :~~~~; ~~~:~ ~ -; <I '" "" " ..." r;t) r;t) to t- N l!) "" "'Ill"" 0"" . 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