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HomeMy WebLinkAboutencroachment.parks.219 S 3rd Street.2019 REVOCABLE ENCROACHMENT LICENSE APPLICATION Date Received:_ 5--.2q - ` / Permit Number: _d �-i2i),)$,1P.-,tmi r 4 OG72- 2-ciI :. ARBK INSTRUCTIONS:COMPLETE THE FOLLOWING SECTIONS AS ITAPPLIES To YOUR REQUEST THIS LICENSE IS FOR:(CHECK ONE ONLY) 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIII IIIII IIII �ePRE-EXISTING PERPETUATUAL UNTIL REVOKED BY THE CITY. RECEPTION#: 656794, R: $33.00, D: $0.00 CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY, DOC CODE: ENCROACH June 12019 Pg 1 of 5, 06/20/2019 at 03:20:51 PM , VALIDATION PERIOD: REQUESTED START DATE: Janice K. Vos Caudill, Pitkin County, CO This Agreement made under this license and entered into this 24 day of May 20 19 , by and between the CITY OF ASPEN, Pitkin County,Colorado, hereinafter referred to as"ASPEN"and Foster Lot 2, a Colorado Limited Liability Company,at c/o Garfield & Hecht,P.C.;625 E. Hyman Ave. #201;Aspen, CO 81f11 (Print Full Name) (Print Legal Mailing Address) daytime phone number: 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 219 So. 3rd St.; Aspen, CO 81611 Address: Legal Address.Lot 2; Fostert Shubdivisiond//Pg�UIbD�Dub�� p O e�tV W lo`RE2S,otabd�t�- ie bu It Subdi�s o 9 CITY rATJD TOWNSIr7 OF ASPEN Block: 39 Lot K AND:-Lot:Thru N PART OF LOTS D WHEREAS, Licensee desires to encroach upon said public property for the following purposes and as shown and described in Exhipa'4" attached to this License. Describe Exhibit"A": LXnlDlt A showing extent of mud flow mitigation wall along south boundary of 219 property constructed _ any within public pro;peM WHEREAS,ASPEN agrees to the grant of a private license of encroac:went 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 property for the purposes described. This license is granted for a speck 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 Parks Department of the City of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. The Licensee shall obtain Building Permits as required by the City for any work to be performed with design approvals for such work obtained pursuant to code. 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$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 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 forty-five(45) days 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 City. 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 City of Aspen-Parks Department,585 Cemetery Ln,Aspen Colorado 81611 t080 REVISED:Y1312012 3 oro -7U 120 �� 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 en- croachments 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 on public property.The public property 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: 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 public property on or under which the encroachment exists to its original or better conditions immediately and in accordance with the latest Parks Department standards for improvements of Public property. IN WITNES EREOF,the parties executed this agreement at ASPEN the day and year first written. � v v (Licensee signature must be notarized) THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARYPUBLIC: STATE OF COLORADO) LINDA K.BOYLE CountyNOTARY ofQ kl 1 Q5 ) )ss. STATE OF COLOLRADO IC NOTARY ID 19964OD7128 MY COMMISSION EXPIRES MAY 23,2020 The foregoing instrument was acknowledged before me this Jnr; Foster Lot 2 LLC; Rich Baer, Manager/Licensee . — Day of '20�---' by ((Print Licensee Name) l ) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: VbJAIti-3 ( e� ( o ub c) Lu (Address) (DO NOT WRITE BELOW THIS LINE.FOR CITY t)SF ONLY) CONDITIONS of APPROVAL(if any): BY: _ . DATE: CITY of ASPEN �o /V, Lt e City of Aspen-Parks Department,585 Cemetery Ln,Aspen Colorado 81611 5pt--5Q REVISED.3/13?012 4 of 4 70 -9ZZ) S I2,�:' 6 2 ft-r, . §, � § : � $ ■ � \ _ . � ® | ■ v . § � k2 § % •40`m � 2 ■ & s « a o # - \ � � H■ \ k � | % § - § | � j ^~^ \ l \w o [ � 1.94 ` v7 e Z \ ■ / 2 of | k | .01 # _ | �■ � � � , ! � IH� _! }: ® �a ! - | � . ■ � ■ �'" - � 0 N �- Sl/N 70 0 n JiV N (Y) LL �1 •= N O 0 0 >OgZ� bb O � S W 0- D D 0 N �o W \ � 8 \ � o \ a o \ u I I 4 N d a F- LL o I rn O o H iD h o o O W LL WF m O z LL Zi O� W wigLU � V OIL QoQ \ CL—W10 L H<W U \ O• 21n W \ 4HON O < 7 -j Ln N W W} U 1=ui -m Z < �> ae O<OWwui 2a LL = ¢N UJCD O y Lf W F-ZOd} ♦ F In « 00<W W N Om OCL r ~¢ N0. <V F Cl-Lu Lud N d 6 d< <¢LL¢ CL O Wy Hd.DW _ >W <}�<y H O OH eIjIN.L� � < U y�< 0uj V Z�NW < K3 W 01- 0p �b WOO O W F GO .OS•bl �� WH i zu ocUW``W LL $ ' e W W < 'n 2z JWm� w OU9 0 J yW JJ �Z Q Q CEWZ �LLJ F DO S H< BAERR10001 JULIELOVALL ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDM'YY)6/11/2019 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(les)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 endorsement(s). PRODUCER COMTACT Private Client Group-NFP Property&Casualty Services,Inc. PHONE FAX 500 West Madison Street (A/C,No,Ext):(312)704-7000 (AIC,No): Suite 2710 E-MAIL Chicago,IL 60661 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Bankers Standard Insurance Company 18279 INSURED INSURER B: Richard&Anne Baer INSURERC: 425 Fillmore St. INSURER D: Denver,CO 80206 INSURERE: INSURER F: COVERAGES 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBERPOLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE LPAEMIS OCCUR DMAGE To ERE RENTED n $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ JECT [7] LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COM BINdentSINGLE LIMIT $ ANY AUTO BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON.pWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- YIN STA AND EMPLOYERS'LIABILITY T TE ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Homeowners 267032628 9/1/2018 9/1/2019 Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLESACORD 101,Additional Remarks Schedule may be attached if more space Is required) City of Apsen listed as Additional Insured-MUD WALL ENCROACHMENT LOCATED AT 219 S.3rd St.,Aspen CO 81611 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Aspen ACCORDANCE WITH THE POLICY PROVISIONS. 130 S.Galena Aspen,CO 81611 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD