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HomeMy WebLinkAboutencroachment.287 McSkimming Road.2019IIIIIIIIIIIlIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECEPTION#: 657116, R: $38.00, D: $0.00 DOC CODE: ENCROACH Pg 1 of 6, 07/08/2019 at 01:22:29 PM Janice K. Vas Caudill, Pitkin County, CO REVOCABLE ENCROACHMENT LICENSE APPLICATION For Office Use Only: Date Received: to A ( — iq_ Permit Number: INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST THIS LIC N E IS FOR: (CHECK ONE ONCO PERPETUATUAL UNTIL REVOKED BY THE CITY. PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY. VALIDATION PERIOD: REQUESTED START DATE: This Agreement made under this license and entered into this day of "IC20JJ, by and between the CITY OF ASPE Pitkin County, Colorado, he ei fter referred to as P nd ? . Lim wtr_�tsl ve �q/V *e,,14 t�� � �c �I� � � �pE�l Go � 161 �- loam daytime phone number: Mailing Address) , 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: 2-g-7 m G S Legal Address: L6�f f3 r 3W WHEREAS, said,prope4ies about the Co 6/L/l V11 public right(s)-of-way (name of streets/alleys impacted): 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. Descri i it `"� �y V 1� 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, the consideration of the mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees 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 described. 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. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 2W970-920-5080 REVISED: 1212012017 3 The Licensee shall obtain right-of-way and Building Permits 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 Department. Licensee agrees to join any improvement district formrdd for the purpose of constructing improvements within public right-of-way. 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. In the event that Licensee defaults in any of its duties as set forth herein, ASPEN shall have the right, upon written notification to the Licensee, to perform duties to ASPEN standards and to recover all costs for performing duties from the Licensee. Further, Licensee waives any claim for damages sustained by Licensee and Licensee shall hold the City of Aspen harmless for any claims, causes of action or damages asserted against the City of Aspen for the work performed by the City of Aspen pursuant to this paragraph. Unless the property that is the subject of this license agreement is covered by a homeowner's 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 $350,000 per person and $990,000 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 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 forty -flee (45) nays after receipt by the City 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. 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, including but not limited to, 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 or the Co. 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. 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. 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 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. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. I City of Aspen - Engineering Department,130 South Galena Street, Aspen Colorado 81611 2970-920-5080 REVISED: 121202017 4 1 The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel this agreement: 1) 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 WITNESS WHEREOF, theparties executed this agreement at ASPEN the day and year first written. 01)�-607'"4� must,be notarized) THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBLIC: STATE OF COLORADO ) ) ss. County of Pitkin ) LINDSEY GEARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20164039704 My Commission Expires October 18, 2020 The foregoing instrument was acknowledged before me this 2-1 Day of _ _,�ldY► 20 M , by j7 s, Licensee ua �1GrrWI (Licensee). f (Print Licensee Name) WITNESS MY HAND AND OFFICIAL SEAL, Notary commission expires: /0 I0 -ZDZD (Date) &CAD Ef�DI7►IYI,� ll.��„�� D (Address) T CONDITIONS of APPROVAL (if any): BY: Of (DO NOT WRITE BELOW THIS LINE, FOR CITY USE ONLY) (Notary DATE: W 8 / l 9 City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 ff 970-920-5080 REVISED: 12)202017 5 'n S DETAIL GRAPHIC SCALE 1"= 20' LOT 13. BLOCK 1 0.813 AC.f 287 McSKIMMING ROAD tia 1"e, gyp• 'p- --FOUNDATIO ONLY s 4 D 4 `P � I r I WELL � I � I a 1 � I J / PARCE I �.• � aad 4 /1 WATERLINE i— f _ EASEMENT PER KREC. 4 NO. 583782 I 4 I 6.r s a d n ° `o. �b0 5Noa \ CONCRETl>° �. 4 ". a p�'t, �4��75 #5REBAR& \ 4. Dy-NVEWAY ° �• 4 s � L.S. #28643 2' W.C. ° PORTION OF HEATED WALK a ° BIJ DING 4 a a ENCROACHING IN ' SETBAGIC• .' a° d ° tl p R-O-W 104.2 S.F.f (HATCHED AREAL, d a a �rsy f �9d` a 4 C:ONRETB A. 4 DRIVEWAY • �• �` p 4 a d LOT 14'�A a ¢ BLOCK IT d a. e 4 ° PORTION OF HEATED p FOUND SPIKE DRIVEWAY 2� �ry ENCROACHING IN R-O-W 384.7 S.F.f 4"X4" WOOD DUST (HATCHED AREA) WITH TACK 2Qc JRTi Ipm[roe 287 MCSIGMMING ROAD PARTNERS, LLC. PmjeclNQ 174n Rifle, CO Ph""e(47✓1)625-125-1954 N4R070r1171sa CITY OF ASPEN, COLORADO ENCROACHMENT EXHIBIT LOT 13, BLOCK 1, ASPEN GROVE 287 MCSKIMMING ROAD 17082 " '' W" IONF.21,2019 1 OF 1 �,.� Sfnce 2607 - 082-ENC-EXR BRIKASS-01 SARAHIS CERTIFICATE OF LIABILITY INSURANCE DATE I Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER 22NTACT Katrina Epp, CLCS, CISR, CIC Neil-Garing Insurance an affiliate of Mountain West Insurance & Financial PHONE FAX Services, LLC IAIC. No. EN* (AIC, No PO Box 1576 trinae@mtnwist.com Glenwood Springs, CO 81602 INSURED 287 McSkimming Road Partners, LLC; Brikor Associates, Inc. 20 Sunset Dr #1 Basalt, CO 81621 INSURER A: Evanston Insu INSURER B : INSURER F : COVERAGES CERTIFICATE NUMBER: 1 _ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR' POLICY EfF POLICY EXP ,� TYPE OF INSURANCE IMSp WVD [ POLICY NUMBER IYYYYy 1 LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �' 1 OCCUR L AGGREGATE LIMIT APPLIES PER: POLICY jpp LOC )MOBILE LIABILITY X I 13C52509 ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ❑❑ AUTOS ONLY AUTOS 4Y UMBRELLA LIAR X OCCUR X EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN iOu�I9ECUTIVE ❑RF.F.i M�LREXCLUDDNIA describe under RIPTION OF OPERATIONS below 101211 1211112017I 12/1112020 12/11 /20171 12111/2020 EACH 1 1 11 1 1_ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space Is required) Project Address: 287 McSkimming Road, Aspen, CO 816 �1 AGGREGATE DISEASE - EA DISEASE - PO LIMIT Holder Is Additional Insured under General Liability with respect to State or governmental agency or subdivision or politician subdivision - permits or authorizations CERTIFICATE City of Aspen 130 S. Galena Aspen, CO 81611 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD € HE1vRYsvII.T FOR ,,., OT"HADERN © MC SKIMMING �, 5 3_ EIIGINFEAING • COMFORT SYSTEM5M x a y 40690 HIGHWAY 6, SUITE El 287 MC SKIIVVA NG ROAD P.O. eoX E7610 A VON, CO. 6I620 ASPEN, CO 81611 f9I01 Ef4S-1910 /FAX: (9�0) B45-1522 .ar xaaw a�rx�iawwm ww rtiw.nnrt M*ir. r+�rnrx aY wie re.sax �+x *e awr>Ir.rn rrr �uto.e wu�+r. a �w�.et m..e nm axwu nwurw r�r*[ie..e iM mra.iwcv�Aw.�..0 own.rarRwrr rynr rone�n.w �w arrwrur wrar snwaceaw.+ca�c��a.we�uxorrcyrvmme.rirw..a�wm na e��R �ee.n xn wsw on.sx.w rw