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HomeMy WebLinkAboutencroachment.324 East Bleeker Street.2019I llllll llllllllll lllll llllllllll lllll llll ll l 111 lllll lllll llll� llllll 111 llll RECEPTION#: 657593, R: $63.00, D: $0.00 DOG CODE: ENCROACH Pg 1 of 9, 07/31/2019 at 09:40:08 AM Janice K. Vos Caudill, Pitkin County, CO REVOCABLE ENCROACHMENT LICENSE APPLICATION For Office Use Only: Date Received: '112-w /Iq Permit Number: CX)02.— _20 IGI INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST THIS LICENSE IS FOR: (CHECK ONE ONLY) ❑✓ PERPETUATUAL UNTIL REVOKED BY THE CITY. PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY, VALIDATION PERIOD: REQUESTED START DATE: 08.01.19 This Agreement made under this license and entered into this 25th day of July 2019 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Garret Gulch Equity Venture, LLC at 501 Morrison Rd., Suite 100, Gahanna, OH 43230 (Print Owners Full Name) (Print Owner's Legal Mailing Address) daytime phone number: (970) 300-2120 , 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: 324 E. Bleeker St., Aspen, CO 61611 Legal Address: 501 Morrison Rd., Suite 100, Gahanna, OH 43230 WHEREAS, said properties about the following described public right(s)-of-way (name of streets/alleys impacted): 1) City alley extending from Mill St, west to the north end of the property (vehicular access); 2) City right of way including sidewalk, curb and gutter and landscape 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. Describe Exhibit "A": North exhibit: Concrete retaining wall structure at the west and of the alley from Mill St.; South exhibit: Sod, Trees, Irrigation, Snowmelted Sand Set Pavers with uplights, sidewalk, curb and gutter adjacent to Bleeker St. . 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-_,0970-920-5080 REVISED: 12/20/2017 3 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, the parties execu d-tbis Bement at ASPEN the day and year first written. (Ucensee sign alore must be notarized) THE FOLLOWING SECTION MUSTBECOMPLETED BYANOTARYPUBLIC: BARBARA J. D'AUTRECHY STATE OF COLORADO) �T Notary Public State of Colorado ) SS. Notary ID # 20074042687 County of Pitkin } My Commission Expires 06-11-2021 The foregoing instrument was acknowledged before me this 1 Day of ��A 20,, by r tA C,1�1���,� V� n�„� r L �� (Licensee). (Print L' ) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: Co " 11, 19 G 0 (Address) I (DO NOT WRITE BELOW THIS LINE. FOR CITY USE ONLY) CONDITIONS of APPROVAL (if any): BY: CITY of ASPEN, ENS D (Notary Public) DATE: 7 2-2A9 I .. -- City of Aspen - Engineering Department,130 South Galena Street, Aspen Colorado 81611 ff 970-920-5080 REVISED: 12/20/2017 5 SOD Y• ' ; k lo.R0, �A4 I LOT 2 202 NORTH MONARCH STREET SUB. SOD MULTI LEVEL WOOD & STEEL FRAME TOWNHOME e. 6,031 S,U.4- SOD WINDO -05 RF R WELL DIY y .6 4 P4 Y LI GHT (TDP-) V 7s, SO ...... fri RFBR SOD & CAP .AKD%;(A 2co L.S H3 FICROACIIM 4 HEATED WAI, - .11 INCROACHIM 1- 6031, 54.5S I < 2�n5 S.F.+ colvce -ca 4 ur I [FATED WALK SOD '41 *SO ENCROACHMENT 22.8 S.F LANDSCAPE'' I'-.NC'R0AC*fl-'NT t 4. J-- 4213 S,F, IT LA�DS -C I;. 4 -- 'X Bi 74 ' 78;1? A"pli�t 71 N y % W E 5' 6> DETAIL 07/13/19 GRAPHIC SCALE 04" 10, S Il,,,j,,, NO GARRU'UGULCII 17Q [j rVY V1:1f1'111W, LLC p 0 [),", 1 PJ4 cr'rvoTASpF.N COLORATIO I.i(X)7 M R 650 WAJ,Kfi.ANT)SCAl'F FNCROAC]IMPMr .(,,C081 5 pl-I LOT 2,202 N,,MONARCfl ST SUB. ARA 322/324 K HLEWER ST. I OF I LOT C� LOT D 7xsF.� �7q 7884,R' 789F.0' Z4 r i l lL 5' EASEMENT PER BK 354 PG 7 LOT E ASPHALT 7ltR]p' EiF.EC'- -NS REBAR 8." CONCRETE WALL TRANS. & CAP L.S. ENCROACHMENT #28643 (HATCHED AREA) ?grsl.s' GAS ,NI FiTER, �r �xR7.a 09'11 If h 60„ c� z 4 1, 49,rf, (� PLANrrR `Y �RECrssED p/T �L 7-,D 0a 13' JV C LIGI IT a 10� a 4 UPPER LEVEL ° a CONCRETE PATIO ° DAYWELL a RIM=7882.23' ry I J BOT°T-7R73.5R' SOD l II 4" PVC=7879.58' � `a SEWER SUMP 8q r3 PIT - UNABLE TO OPEN LOT 2 N 202 NORTH MONARCH STREET SUB. MULTI LEVEL WOOD $ & STEEL FRAME TOWNHOME 6,031 S.F f 0 BUILDING SETBACK PER COA COMMUNITY ^� 1$ 40, DEVELOPMENT 3UILDING SETBACK U PER COA COMMUNITY r1FVF! vm m I JYD at�eY `u in p.S g Ir r lr O F a- W r*I E • a' S' a i o b: 3793 1a DETAIL :4a :,l GRAPHIC SCALE �X ., 07/25(19 S WSJ— i f�.vn..NN.j-NO RrIRN GARRETT GULCH EQUITY VENTURE, LLC. CITY OF ASPEN, COLORADO 15007 t 1]4J6 a ies0 R" WALL ENCROACHMENT EXH. ' Q5-195A LOT 2,202 N, MONARCH ST SUB. 579-7150 JULY 25, 2019 '°`"322/324 E. BLEEKER ST. I OF I II6� '-•F, 007-ENC-EXII _MHOFF A�R>El EVIDENCE OF PROPERTY INSURANCE DATE 711612019 YI THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST, AGENCY (A(C. No, Exl}: ) (970 245-8011 COMPANY IAfC, N HUB International Insurance Services (COL) Atlantic Specialty Ins. Co. 2742 Crossroads Blvd Grand Junction, CO 81506 V �A"G,N,l,(866) 908-6374 n oRRE9s.:. . CODE: I SUB CODE. AGENCYUUERID am KORULTO.01 License # INSURED Garrett Gulch Equity Venture LLC 2551 Dolores Way Carbondale, CO 81623 1N NUMBER EFFECTIVE DATE EXPIRATION DATE 6/112017 1 811/2019 S REPLACES PRIOR EVIDENCE DATED: POLICY NUMBER 7900224580001 r I eonlnNul:ouwrl� TERIiAINATEOIFCHECItEQ LO CATI ONID E SC RI PTI ON 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSUREQ I I 13ASJCBROAD SPECIAL COVERAGEIPERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders' Risk - 324 E. Bleeker St., Aspen, CO 81611 10,000 Limit at any one location Limit $6,700,000 Limit per disaster Limit $6,700,0001 Limit at temporary location Limit $670,0001 Transit limit Limit $670,000� REMARKS jIncludhIg S ecial Conditions SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAME AND ADDRESS City of Aspen Engineering Department 130 South Galena Street Aspen, CO 81611 ACORD 27 (2016/03) ADDITIONAL INSURED I_ I LENDER'S LOSS PAYABLE u LOSS PAYEE I MORTGAGEE LOi R AUTHORIZED REPRESENTATIVE �Y © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KORULTD-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMI019YY) 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 certfficate holder in lieu of such endorsement s). PRODUCER LIcei{se # 0757776 HAMPcT Jessica Bogdan HUB International Insurance Services (COL) PHONE FAXc r,el;(866) 243-0727 2742 Crossroads Blvd JWC. No. E.4; (720) 207-2413 Grand Junction, CO 81506 1p&RJSg; Jessica.bogdan@hublaterllatioltal,com _INSURER(S) AFFORDING COVERAGE. _- NAIC it _ _WSURER A 7 Colony Insurance Company 39993 INSURED iRsuRER s: United Specialty Insurance Company 12537 Garrett Gulch Equity Venture LLC AiSURERC 1 2551 Dolores Way INSURER D i Carbondale, CO 81623 INSURER E INSURER F : Ct7VERAG CERTIFICATE NUMBER! 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 I. IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_. INSR iiADDUSLIFIR' LTSTYPE OF INSURANCE i Ngp y{In ! POLICY NUMBER POLICY EFF POLICY EXP LIMITS EACH OCCURRENCE f 2,000,00o A. X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE X I OCCUR 103GLOO1828200 I J X X 611/2017 8/112019 DAMAGE TO RENTED PREMISES1Ea_a54Wrepce) 100,000 S X Project Specific GL MEDEXP.;Any GTi iprwn) s Excluded -- 2,000,000 PSRSONALAACNINJURY S 2'OOt1,000 GEf11_ AGGREGATE LIMIT APPLIES PER: G,Et4ERAL AGGREGATE 5 X 1 POLIGY �— ] j LOC NRpDUCTS•C0MP4PAOG S 2'000r000 _bi3 R' COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (!:a i1GCld@fW S ANY AUTO . BQPILY INll1RYJ?arpxspt)_ 5 OWNED SCHEDULED AIU��T��O��S ONLY AUpppT��OppS��}}yy����yy „pBRpIpLY IINNJJUR_Y [Per aiddunl) S AIIfUS A{1TOSgNLY {Per alErdd�nlDAMAGE ----- -- s ONLY -- B UMBRELLA LIAB X OCCUR EACH OCCLL1IR-tgC „gE� _ S 3,OOD,000 _ X EXCESS LIAB CLAIMS-MADE J IBTN1713939 611/2017 81112019 AGGREGATE. 3.000,000 $ _ — DED X RF,7i NJS 0 WORKERS COMPENSATION $1AfUT.EA}{. AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORlPARTNERIEXECUTIVE EL EACH ACCIDENT $ X.F.' EMMIN EXCLUDED? ❑ in d 0 n NH N/A EL DISEASE _EA .EMPLOYkE 5 If yyes, describe under 1]ES RIPTIDN PERATIONSbelow E.li, CISEAft- POLICY LlAd17 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES (ACORO 1G1, Additional Remarks Schedule, may be attached if more space is required) City of Aspen is included as additional insured under General Liability. City of Aspen Engineering Department 130 South Galena Street 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 (2016103) f © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 103 GL 0018282-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - ONGOING & COMPLETED OPERATIONS - PRIMARY & NON-CONTIBUTORY OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) And Description Of Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured A. SECTION II — WHO IS AN INSURED is amended to include as additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to: 1, liability for "bodily injury" or "property damage" caused, in whole or in part, "your work" at the location designated and described in the SCHEDULE above performed for that additional insured and included in the "products -completed operations hazard". 2. liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. your acts or omissions; or b. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. U462-0116 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. 103 GL 0018282-00 C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded to the additional insured designated in the SCHEDULE above is primary insurance and we will not seek contribution from any other insurance available to that additional insured under your policy provided that: 1, the additional insured designated in the SCHEDULE above is a Named Insured under such other insurance; and 2. you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional instil-ed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-0116 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. 103 GL 0018282-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or darnage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission.