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Home My WebLink Aboutencroachment.334 W. Hyman stairs.2000 111111I1111I1111I111111 1111111I111 1111111I11111 11111111 441!33 03/21/2000 10:36A ENCROACH DAVIS SILVI 1 0' 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO REVOCABLE ENCROACHMENT LICENSE Complete the following line if this license is for a temporary encroachment: Valid for (see E.XlfletT lIA, ") months from the date of issuance. (in words) This Agreement made under this license and entered into this day of , 199 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and H. MICI+A:~L. 'BEUR.E:Nr.:>'T , at II . (PrinlFullN=l 3~+ W~ST t'tYH,A-,J A.\JE:NUE=: , hereinafterreferred to as "Licensee." (Print Legal Mailing Address) WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: LeTS K") L \ !vi "'l BL-oc!<- 4-f, WHEREAS, said properties abut the following described public right(s)-of-way: Street address: 334- W. f.jYHhJ AoJ~ loTS ~ ~ L. ) h-\ ) BLoc!,- 46 Legal address: (Subdivision Name. Lot & Block Number, etc.) WHEREAS, Licensee desires to encroach upon said right(s)-of- way for the following purpose: FIRe e:scAPF- WALKWAYS AND STAIf<.S AS ON t:==X'(+{ (;3(f ILA II and as shown in Exhibit "A". attached to this License WHEREAS, Section 21.04.050 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, in consideration of the mutual agreement hereinafter contained, Aspen and Licensee covenant and agree as follqws: 1. A private 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. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 1111111111111111111111111111111111111111111111111111111 441!33 03/21/2000 10:36A ENCROACH DAVIS SILVI 2 0' 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO "__~.___"~...___~__~_____._.._.m~'_"'________ 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 4. 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. The Licensee shall obtain Right Of Way and Building Permit as required the City Community Development Department for any work to be performed in the public right -of-way with design approvals for such work obtained from the City Parks and Engineering Departments as appropriate. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 5. 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 $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the City as co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License. and shall furnish the City with a copy of such coverage or a certificate evidencing such coverage. 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 thirty (30) days after receipt by the City, by registered mail, 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. * 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days written notice of Licensee's intent to cancel. This license may be terminated by Aspen 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. 8. 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 be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. 12. If the structure(s) for which this license was issued is/are removed for any reason, Licensee may not rebuild in the same location without obtaining another encroachment license prior to building. It is City policy to preserve public rights-of-way for the general public benefit, and it is not anticipated that reconstruction of encroachments would be permitted. 111111I1111I1111I1111111111111I1111111111I11111 1111 111I 441!33 03/21/2000 10:36A ENCROACH DAVIS SILVI 3 0' 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO '--------.--....--..-.". No eXlstmg encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all.claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first ~~ I Licensee STATE OF COLORADO ) ) ss. County of Pitkin ) evd icensee). WITNESS MY HAND AND OFFICIAL SEAL. Address CITY OF ASPEN, COLORADO .~<~ ~ City Engineer ATTEST: KA TIlRYN S. KOCH. City Clerk ENG-313 ENG204 --.....0 ->U -.... -...>- !!!!!!tnl- _ Z _III;:) =.....0 _>U _a: _DZ -... -:Z:'" -UI- -a:... !!!!!!OG. -..: _U" _Z" =1&1- = .. _a: _IDZ -'" -.... -.... -.... - .. -.. !!!!!!SD -.... ==~lS) -.... _N.. ........ =="'- -..- -...ID =... -Ill'" -...0 !!!!! ... -...... ~ lU u.. PROPERTY -...1 ~ LINE 1 d d < ENCROACHING FIRE ESCAPE I FIRE ENGINE I I I 1 1 1 1 :~ Il!:! Ix IlU IIQ I~ I~ I~ 15 I I 1 1 I I L ~ ffi ~ ~ ~ I- I I 1 1 I ~: ~ I lU I IQ I lU I \!) I ~ I :::> I Cl I I ~. ::::i ~ ~ ~ Duration of Encroachment License:. Revocable at any time, or until such time as the existing, improvements are replaced or new improvements are planned which are of a value equal to or greater than 50% of the value of the existing improvements at that time. J 1 ,,0-,'0 ,,0-,'171 119.,vl liZ-,it 5T.MORITZ LODGE ADDITION ALLEY DIAGRAMS PLAN 3 SCALE: 1/8"=1'-0" FIRE ESCAPE 8 00 Exhibit "A" SHEET 1 OF 3 111111I1111I1111I111111111111111111111111111111111I1111 441!33 03/21/2000 10:36A ENCROACH DAVIS SILVI ! 0' 6 R 30.00 D 0.00 N 0.00 PITKIN COUNTY CO EXISTING ENCROACHING ROOF OVERHANG S F'l.OOR EXI5'nN6 laJ6e ENCROACHING FIRE ESCAPE FIRE E5C-APE MORITZ LODGE TRUC.K I 21"l..OOR1!JCI5T'IM61...C:J106e (AERIAU .~ FIRE ENGINE ,~ '" OUTRIGGER (TYP) 11"l.OOIt!!)H1"Mi~ ~ PROPERTY 14'.<2'" LINE 21'.211 Exhibit "A" SHEET 2 OF 3 ST.MORITZ LODGE ADDITION - FIRE ESCAPE LLEY DIAGRAMS SECTION- 3 8 00 SCALE: 1/8" -1' -0" 111I1II1I1II1I1II11111I1I11111II1I11\\lIll!!~! ~ll~JI 441!33 03/21/2000 1:~3~A0E=~R~ITKIN COUNTY CO 6 0' 6 R 30.00 D 0. . EXISTING ENCROACHING ROOF OVERHANG ~1Ic::~ (:"~4 It, ~'It~ :'~:"'"o OA 140'"0 ~'" -~ ~""~.t ""~c::":",c::,, 1I,.t4t, 0.6' SOLID WASTE ~L DISPOSAL VEHICLE . f"7l I I I I I r EXISTING I 5.3' .. ENCROACHING 11 ~CONCRETE PAD w/' W. 0.5' I ~ i!l 6.7' ~ !Jf'!.DClIi~T1N6i..DDee .FIRE ESCAPE ~ ST. MORITZ LODGE 2~1!XI5nNl501..Dl:llle PROPERTY LINE 21'.2. Exhibit "A" SHEET 3 OF 3 ST.MORITZ LODGE ADDITION - FIRE ESCAPE LLEY DIAGRAMS SECTION - 3 8 00 SCALE: 1/8"-1'-0"