HomeMy WebLinkAboutEncroachment.1230 Snowbunny Lane.Snowmelt.2020ECEPTION#: 665227, R: $28.00, D- $0.00
DOC CODE: ENCROACH
Pg 1 of 4, 06/17/2020 at 09:58:36 AM
Janice K. Vos Caudill, Pitkin County, CO
REVOCABLE ENCROACHMENT LICENSE APPLICATION
For Office Use Only:
Date Received: 06/01/2020 Permit Number: 0006-2020-ENPM
INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST
THIS LICENSE IS FOR: (CHECKONEONLY)
✓❑ PER PETUATUAL UNTIL REVOKED BY THE CITY.
PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY.
VALIDATION PERIOD: REQUESTED START DATE: April 1, 2020
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
1230 SNOWBUNNY LANE, LLC at 900 N Michigan Ave, 51e 1600 Chicago, & 60611
(Print Owners Full Name) (Print Owner's Legal Mailing Address)
daytime phone number: 3123.993348 , 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: 1230 Snowbunny Lane, Aspen, M 81611
Legal
Lot 11, Block 2, Snowbunny Subdivision
WHEREAS, said properties about the following described public right(s)-of-way (name of streetsialloys 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. Describe Exhibit "A":
veway access curranlly, cxisls Through Tight ul way Ucensee Is rebuilding driveway to include snnwmell Separaln snowmefl zone will be Inslallod, yid will be isolaled, for the portion of the driucway IT gie right of way Sue "Exhibit "A"
WHEREAS, Section 21.04.060 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 Depanment,130 South Galena Streel, Aspen Colorado 01611 f'970-920-5060 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
formed for the purpose of constructing improvements within public right-of-way. Licensee Is responsible for the maintenance and repair of
the public nght•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-five (45) days alter 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 ordemands 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.
City of Aspen - Englneering Departrnent,130 South Galena Street, Aspen Colorado 81611 2W970-92O.5080 REVISED: 1212012017
.♦
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
occupled 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
INKTNESS WHERPOF, the parties executed this agreement at ASPEN the day and year first written.
5
(Licensee signature must he notarized)
THE FOLLOWING SECTION MUSTBE COMPLETED BYA NOTARYPUBLIC. ERIN EARLEY�
STATE OF COLORADO) NOTARY PUBLIC
) ss. STATE OF COLORADO h
County of Pitkin NOTARY ID #20164040104
l,ny Commission Expires October 19, 2020 ,
The foregoing instrument was acknowledged before me this
Day of , 2D 2d by , 4 I if,.0 va i 'an11
(Licensee).
{PAnt licensee Na+ne)
WITNESS MY HAND AND OFFICIAL SEAL.
Notary commission expires: Z act _
I ..M►1 r- 14 - ^ I ... ,. a aA Dat9y n A 011 a _ a ► (tllfltary PUNG) -
1• �/C i •l1rall
CONDITIONS of APPROVAL (if any):
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DATE: 06/12/2020
City of Aspen - Engineering Department, 130 South Galena Sleeet, Aspen Colorado 81611 9W970-920-5080 REVISED: 1212012017 5
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