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Home My WebLink Aboutencroachment.1395 Riverside Drive. fence.2000 " 111111I111111111111111111I11111111 1111111I11111 11111111 440763 02/23/2000 02:48P ENCROACH DAVIS SILVI 1 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO REVOCABLE ENCROACHMENT LICENSE Complete the following line if this license is for a tcmpo1"lll)' encroachment: V"lid for JfffYn pd h!!r ~ . Us e. months from the date of issuance. t///,f.; I re vc.l'r:d h y f/,1. c- C f-At I This Agreement madc under this license and entered into thi! :2..... day of Fef.), ~ by and he tween the CITY OF ASPEN. Pitkin County. C lorado, hereinafter referred 10 as "Aspen" and BJ'I'\-S'5 Ii '12- t::: L L . , at (J'w'lF INUJ:C'l P.O,Y.,OX ")-o28t ~f<7Nl Co I 81 b f /_ . hereinafrerreferred to as "Licensee." (f'nnll..:p1 M~ling Addtc~i WHEREAS. Liccnsee is the owner of the following described properties locatcd in the City of Aspen. Pitkin Coumy. Colorado: I'? q 5" ~ I veJ1s lth >>r<( lJf> WHEREAS. said propelries abut the following described public right(s).of-way: Street addre:;s: Legal address: ~~n R2- LeT ~b RUXI\ SlriP 5 V f} j) I U \ "SL6\--\ (;S\INli",,~J(lIl Nilriz:. l.ulJ.:. ~{~Io: Nun'Cc~. !:IC.l mo WHERE....S. Seclion 21.04.030 delegates the authority to the City Engineer 10 gf'<lllt encroachment licenses; \VHEREAS, Aspen agrees to the gram of a private license of encroachment as huill suhject to certain conditions, THEREFORE. in consideration of the mutual agreement hereinafter contained. Aspen and Licensee covenant and agree as follows: l. A private revocable license is hereby granted to Liccnsee to occupy. maintain and utilize the ahove described portion of public right.of-way for the purposes described. 1. TIlis license is granted for a perpetual term subject to being temlinated at any time and for any reason ::It the sole discretion of the City Engineer of the City of Aspen. . 3. This Iiecnsc shall he subordinacc to the right of Aspen to use said area for any public pUTp<lSes. 4. Licensee is responsihle for the maintcnance and repair of the public right-or-way. togemer with improvements constructed therein. which Aspen. in the exercise of its discretion. shall determine to he necessary to keep Ih<' same in a safe and clean condition. The Licensee shall obtain Right Of Way and Building Permit ,tS required the City Community Development Department for any work to be perfomlcd in the public right-of-way with dcsign approvals for such work obtained from the City Parks and Engineering Departments as appropriate. Licensee agrees lo join any improvement diStrict formed for the purpose of constructing impmveme:Jts in and \0 the public right-of-way. 5. Licensee sh"lllt all times during the teml hereof, carry public liability insur.mcc for the benetit of rhe City wirh limils of nor less than those specified by Secti'm 24-10.114. C.R.S.. (currently 5150.000 per per.son and $600,000 per occurrence) as may be amended trom time 10 lime. naming the City as co-insured. U~ensee shall maintain said coverage in full force and effect during the tcrm of thi~ License and snail fumish the City with a C(lPY of such coverage or a certificJtc evidencing such coverage. All in,ur:mce policics maintained pursuant to this agreement shall contain the following endorsemenl: "/t is hereby understood and agreed that this insurance P{}lil~V may not , ? be canceled bJ the surety untiT thirty (30) days after receipt by the City, by registered ffi mail, oj a written notice of such intention to cancel or /lot to renew." The Licensec shiin~h()w proof of ihb insurance to the City before this a~'Teemcm is filed. 6. Licensce ,hall .save. defend and hold hamtless a!!'dJnsr any and all claims for dama!!es. costs and -. - expenses. to per>,ms or property thaI may arise out of. or he occasioned hy Ihe use. occupancy and m;lintenancc of sailj properly by Licensee. or from t\ny act or omissiull of any rcpresemar.ive. agent. customer a[l(Vor employee of Licensee. I I 7, This liccnse' may be terminatcd by Licensee al any time and for any reason on thirty (30) days 'I wrinen !lotice of Li,'ensee's intent 10 c:lncel. This license may be terminated hy Aspen a[ any dme and : for :lny reason. Fpon tcrmination Licensee' "hnll, ar Licensee\ expense. remoVe' allY improvements or lencroachmcnts I"r,1111 said property. The property shall be re"tored to a condition salisfuelory to Aspcn. R. This license is subject to all state laws. the provisions of the Charter of the City tlf Asp(;n as it now exists or may hcreafter be amended. and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. , 9. Nothing herein .,halJ he construed so as to prevent Aspen frotll granting sllch ndditionallicenses or property interests in or affecting said pmperty a~ it deems necessary, lO, The ,'undi!ions hereof imposed on the granted license of encroachment shall constitllt~ covenants running with [he land. and binding upon Lieensee. their heirs. successors and assigns. II. In any legal action to cnf(lrcc the provisions of thb Agreemenl. the prevailing pany shall be entitled to irs re'lsonable attomey's fees. 1:, 1fth~ structure(s) (or which mis license was issued is/are removed for any rea~"n. Licensee may OO! rehuild ;0 the same location wjthom Obtaining another encroachment license prior to building, It is Clly policy to prcscrve pLlblic rights.of-way for the general public benefit. and it is not anticipated that reconstruction or encmacJllnenrs would be permilled. 111111I1111I1111I11111111111111111111111111111111111111 440763 02/23/2000 02:48P ENCROACH DAVIS SILVI 2 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO No eXlstulg encroachment shall pe enlarged withour obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for Joss or damage to the improvements eons[f1.lcred within the encroachment area. IN WITNESS WHEREOF. the parties executed this agreement at Aspen the day and year first written. ST ATE OF COLORADO ) ) sS. County ()f Pitkin J The foregoing insnumenl wa~ acknowledged before me this ,), .1 ~,( d.) "r~. "il:>V>, -dJo"~cJ M~, WIT~ESS MY HAND A.~D OFFICIAL SEAL My eommission expires: Deborah J. GeorQe/Notary Public MY VOITlI1lIS5-lurt tlxpktl::.11, 601 East Hopkins Aspen, CO 81611 (Licensee). ..w~$5 CITY OF ASPEN. COLORADO BY;~'{~ /' Cil)l ~ll'" ATTES1':~~~J~(g~dc~~;( Kt\nmVNS' .H.afyCh:rk "~' ~ f.M:iH.! =Ntj'2t)4 1111111111111111111111111111111111111111111111111111111 440763 02/23/2000 02:48P ENCROACH DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO ,-,"------- FEB. 9.2000 8:49AM CITY MANAGERS OFFICE S \ t)1o 1. \ '11.~. ".a.'" \ '11. t)1o. NO. 572. P.2 Exhibit "A" n o t- Encroaching 0 Fence & Berm := > c o. :r: - G'l V-- ~ > to< ~ ;fts..." '.c . /llili-It. " U.3 I j: -n .... m >. 0.0 '.e lIIi'flt. .. .. .. !!It '1' .. ~ .. IJO$~ <.II Q G.e I.D z. .It . w I .. .. .. '..0 .. I . ~ . ~ ./\ ,,~1I1t r"tI c ""~It" , ~lr,~1t "" ,..,. "'71t 8t ~,,": /"j, "$'001-" e.. . This encroachment license is granted on the basis that the surveyed ~ information is correct. If the surveyed information is incorrect. the encroachment license is automatically cancelled. The license is based on the avaHable public right-of-way to meet the City needs to construct pedestrian facilities in the public right-of-way adjacent to the Riverside Townhomes In the Colorado State HighWay 82 public right-of-way. The City intends to constlUct such facilities during the year 2000 and 2001 construction seasons. It is anticipated that the property owner will be billed the costs of construc:lion as provided for in the Sidewalk. Curb and ConstlUction recorded as Reception No.' at the Office of the Pitkin County Clerk and Recorder and that the costs wiD. include the construction of low retaining stNcture to support existing berm and permit proper pedestrian facility width. 1111111111111111I111111111I1111111111111111111111111111 440763 02/23/2000 02:48P ENCROACH DAVIS SILVI 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO .~