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Home My WebLink Aboutencroachment.500 w francis st planter.2007c3 REVVOCABLE ENCROACHMENT LICENSE ,~%tde~ Received ~~ l / ' 6 T License Number: ~~ ~- ~i`) Lantl Lease Fees: Square Feet x$2.50/sq.ft MorrNrly lease CCCCCCCCCCCCCCCCCCCCCS=~7~~~~~~~~~~~7~7~~~~~~~ INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST THIS LICENSE IS FOR: tcHECxorrEON~>7 ^ TEMPORARY; PERPETUATUAL UNTIL REVOKED BY THE CITY. ^ TEMPORARY; PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED 8Y THE CITY. This Agreement made under this license and entered into this _day of , 20_, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Gell-Mann Murdock Partners, LLP,at 500 W. Francis Street, Aspen, CO 81611 (Print Full Name) (Print Legal Melling Address) daytime phone number: (5 0 5) 94 6 - 2 74 5 ,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: 500 W. Francis Legal Address: City of Aspen, Block 27, Lots Q, R & S WHEREAS, said properties abut the following described public ri4ht(s) -of-way: West Francis Street and North Fourth Street WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exh/blt "<I ", attached to this License. Describe Exhibit "A": Applicant wishes to amend Encroachment License No. 2007-E098 to also include two planters which extend 6 inches beyond the N. Fourt Street o ine an a ras ~7 to whi h t ds 22 i ch2s be and the lot line into t~ alley~o S o1-ck-'Z7~. W}~~ESAS, ~eclion 2ci.04.Pb~b oef~ity of Aspen Municipal Cod delegates the authority to the City Engineer to grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment es built subject to certain conditions, THEREFORE, the consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as follows: 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 descdbed. ~ ,.,, This license is granted for a specific use and wittin a specified term as chest sated stir for any reason at the sole discretion of the Ciry Engineer of the City of Aspen. ;~ This license shall be subordinate to the right of ASPEN to use said area for an utilie pure/oses. Licensee is responsible for the maintenance and repair of the public right-c~f~~, ,~getl~f' ~ ts-epn ucted therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the ' ' icensee shall obtain right-oi-way and Building Permits as required by the City for any wgr~to be pert m t}~the public " h -way wfth-design approvals for such work obtained from the Engineering Department. Licensee agrlo join o ~ ent dis c ~ for e purpose of constructing improvements within public right-of-way. - Unlessthe property that is the subject of this license agreement is covered by ahomeowner's' ranee 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". Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish the Ciry with a most current certificate oT 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 aRer receipt 6y the City, by registered mail, of a wrlften notice o! such Intention to cancel or not fo renew."The Ucensee shall show proof of this insurance to the City before this agreement is filed. ~I Licensee agrees to indemnity and hold harmless the City of Aspen, ks 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 pr 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 Ciry 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 .,» ..............~ ..,he.ho.,.. ,,,,, env curb liahilih, riaime nr demands alleged are groundless, talse or fraudulent. RECEPTION#: 543900, 11/07/2007 at 02:15:51 PM, t OF 3, R $16.00 Doc Code ENCROACH Janice K. Vos Caudill, Pitkin County, CO 4 :olorado81611 l~970-920-5080 REVISE0:03~7Y[006 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 far 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. 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. 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. 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. 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 far 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. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed 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: f) Discontinuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) 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 WITNE WHERi~ QF, the ies executed this agreement at ASPEN the day and year first written. A~a~Y-tu•~,aErca~zl{~xoonY~~..-K.t-.~.., ~O (Licensee signs re must be notarized) THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC: STATE OF COLORADO ) ss. County of Pitkin ) The foregojng instrument was accnowledged before me this /~ ' /~ I -7 'ttl Day of , 20~, by YII~~. N I~ hQ ~'~~ (Licensee). ~- (Print Licensee Name) WITNESS MY HAND AND OFFI IAL SEAL. ~ ~PRy pie<< Notary commission expires: • . (e nr~c • S ~~ r a~Y h 0 I : MARISn a ' aessj FOWLER CCCCCCCCCCCCGCCCCCCCCC=~»»»~~~7~~~»»~ Q ADO NOT WRRE BELOW THIS LINE, FOR CfrY USE ONLY) ~.•~••••••.•• APPROVAL CONDITIONS (Listrfany): OFD, CITY OF ASPEN, COLORADO gy; DATE: City ofAspen -Engineering Department, 130 South Galena Street, Aspen Colorado 81611 fl°970-920-5080 REVISED:e.W73/Z006 5 r. ~ ~ ~" ~ _.. ,.., ~ _. , ~ '~ ~~--'y ASPEN ~ ~piS R AND S BLOC%. 2> C,.`YiA E OOWNQ`~RA~p. 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