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Home My WebLink Aboutencroachment.419 E. Hyman building.2000 . -== REVOCABLE ENCROACHMENT LICENSE --- COUNTY RECORDING DATA: RECEPTION NUMBER: ~OOK NUMBER: PAGE NUMBER: ~ T~HPORARY ~HORT T~RH OCCUPATION OF PUBL ~ ~f te R ~e,ee ~ e.ee N e,ee PZTKZN COUNTY ~O ~ TENPORARY. PERPETUATED UNTI~ R~VO~D ~Y ~'~ ~ TENPORARY ~OR PR~-EXIS~D CONDITION AND PERPETUATED UNTIL R~VOKED BY THE CITY T~s A~eemenr made under t~s license and entered into t~s day of . 200 . by ~d be~veen the CITY OF ASPEN, Pithn CounW, Colorado, hereina~er refe~ed to as "ASPEN" and hereina~errefe~edto~"Licensee", ~ ~T C~Pt~ ~V~. ~Ot~ 3~ ~E~AS. Licensee is ~e o~er of the following deschbed propemies located in ~e CiW of Aspen, PitOn Co.W, Colorado: ~E~AS, said properties abut ~e following deschbed public dght(s)-of-way: ~AS. ~ice~see desJ;es ~o e~cm~c~ upon s~J~ d~t-of-w~ ~o~ t~e foHo~ p~oses ~d ~ shown ~d described tn Exhibit "~", a~ached ro t~s Lice~e: %~E~AS. Section 21.04.050 of CiW of Aspen M~cipal Code delegates ~e authodW [o the CiW Engineer to ~t encroacher licenses, ~E~AS, ASPEN agrees to the ~nt of a private license of encroac~ent ~ built subject to ce~n con~tions, THE~FO~, ~ consideration of ~e mutual ageement hereina~er contorted, ASPEN ~d Licensee coven~t ~d agee as follows: 01. A revocable lic~se is hereby ~ed to Lice~ee to occupy, m~ntm ~d ufil~e ~e above described portion of pubic fi~t-of-way for ~e pu~oses deschbed. 02. This license is g~ted for a specific use md wit~n a specified te~ ~ checked above, subject to berg temna~ed at ~y time ~d for ~y re.on a~ ~e sole discretion of~e CiW En~eer of~e CiW of Aspen. 03. This license shall be subor~nate to ~e h~t of ASPEN to use shd ~ea for ~y pubic p~oses, 04, Licensee is responsible for the mainten~ce ~d repair of~e pubhc fi~t-of-way, toge~er M~ improvemmts cons~cred ~erein, w~c2 ~PEN. ~ ~e ex~cise of ks ~screfion, s~ll detem~e tc be necess~ to keep the sine in a safe ~d cle~ condition. The Licensee shall obtm fi~t-of-way ~d Building Pe~it ~ required by ~e CiW for my work to be pe~o~ed ~ ~e public fi~t-of-way with desi~ approvals tbr such work obtained from the City Ensneering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public fight-of-way. 05. Unless the property that is the subject of this license agreement is covered by a homeowners insurance policy, Licensee shall a~ 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.. nan~ing(current~$~5~.~perpers~nand$~per~ccurrence~asmaybean~endedfr~mnmet~time~the City as '5tdditional Insured". 06. Licensee shall maintain said public liability insurance coverage in f-all 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.. Ail 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 shoxv proof of this insurance to the City before this a~eement is filed. 07. Licensee a~ees to indenmifiy and hold harmless the City of.a~pen, its officers, employees, insurers. and self-insurance, from and agalns~ all liabili~, ctareas, and demands, on account ~f injury, loss. or damage, including without limitation claims arising fi'om bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which ar/se out of or are in any ma~er connected with this license, if such inju~', loss. or damage ts caused in whole or m part by, or is clan'ned to be caused in whole or part by the act. omission, error, professional error, mistake. ne~,lieence, or other fault of licensee. Licensee agrees to invesugate, handle, re,end ~o. and to provide defense for and defend against, any such liability., claim or demands at the sole expense of the ticensee or. at the option of the City of Aspen, licensee agrees to pay City of Aspen or reimburse Ci.rv of Aspen for the defense costs incurred by the City of Aspen in connection with, any such hability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto, includ/ng court costs anc attorney fees. whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. 98. This license may be terminated by Licensee at any time and for any reason following delivery ora written notice of Licensee's intent to cancel. ASPEN may terminate this license at any ume 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. 09. 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. 10. Nothin= hereto shall be consumed so as m prevent Aspen from granting such additional licenses or property, interests in or affecting said public property, as it deems necessa~.. Il. The conditions hereof imposed on the granted license of encroachment shall constitute covenants nmning with the land. and binding upon Licensee. their heirs, successors and assigns. 12. In any legal action to enforce the provisions of this Agreement. the prevailing party, shall be entitled to its reasonable attorney's fees. 13~ 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. 4. The licensee waives any and all claims against the City of Aspen for lo~s or damage to the , improvements constructed within the encroachment area. .~¢ ~.c~c~4~6~rt~:~ T_ /V bff a4 h/, 5. The Licensee clearly understands the following actions of Licensee or h/s/her agents and employees shall automatically terminate and cancel this agreement: a) Discontinuation of insurance coverage b)Change of ownership or alteration of use from the original specific use in encroached area oRestriction of ASPEN or its agems 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. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first vritten. (Licensee) .- OO c. rile FOLLOW~¥G XECTION MUST BE COMPLETED B Y A NOTARY PUBLIC: ;TATE OF COLOR_ADO } SS. County, of Pitldn The foregoing insmm~enr was acknowledged before me t/tis WITNESS ~W H,~ND AND OFFICIAL SEAL. ~ ~"/,.O_ q~ (DO NOT WRITE BELOW THIS LINE. FOR CITY USE ONLY) APPROVAL CONDITIONS qdst if any): CITY OF ASPEN. COLORADO NIOK"ADEH. City Engineer ATTEST: DATE: K,ATt'IRYN S. KOCH. City Clerk ' EXHIBIT "A" ,..LOT E I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 445806 0810412000 02:36P LICENSE DAVIS SILVZ 4 o; 10 R 58.00 D 0,00 N 0.00 PZTK~N COUNTY CO 0.25' NI4*50'49'E 5.0' ~ BEGINNING AT A POINT ~ WHENCE THE NORTHWEST Jl. LJJ CORNER OF LOT F BEARS o? N75°og'IIW 1.25' m ~:~ s.o' ~ S14o50.49-W '~ LOT m · ~, ENCROACHMENT LICENSE W ~ PARAGON AREA FOR AN EXISTING ~ ~ ~ ~ SUBGRADE STORAGE AREA < = BUILDING (COAL CHUTE) .~ ~=' o PARAGON ~ ~ ,,,.,-.,, BUILDING ~' MALL LEVEL LOT G ¢~ nx '~6,-- ~ ,, ///~ 5.0' ENCROACHMENT LICENSE AREA FOR AN EXISTING SUBGRADE STORAGE AREA PLAN V I EW EAST ELEVATION LEGAL DESCRIPTION OF PROPERTY LOT F, THE WESTERLY 24 FEET OF LOT G AND THE EASTERLY 0.25 FEET OF LOT E, ALL IN ' BLOCK 89, CITY AND TOWNSITE OF ASPEN~ PITKIN COUNTY. STATE OF COLORADO · ~-~./9 -/~'.= /4~,~ ,,~,~. SCALE ASPEN SURVEY ENGINEERS. INC. I INCH I0 FEET 210 S. GALENA STREET ~ -- -- -- I , ASPEN~ COLO. 81611 0 5 I0 15 20 JOB 30145E JUNE 27~ 2000 EXHI B I T 'A' -- ~o~ ~ I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 445888 88104/2088 82:36P L~CENSE OI:IV~'$ Si4o50.48.W 0.25' 5 =f' 18 R 58.88 D 8.88 N 8.80 p'rTKZN C0UNTY CO 8.5' POINT OF BEGINNING SOUTHEAST CORNER OF ~ THE EASTERLY 0.25' ~ OF LOT E, BLOC~ 89 ~ ~ Lot ~ 0 ~. ENCROACHMENT LICENSE AREA FOR AN BXISTING III SUBGRADE STORAGE AREA ~ ~FIRE ESCAPE ~ N~4°50'4g'E PARAGON PARAGON ~ BU;LDING BUILDING ALLEY LOT G PAVEMENT -- ENCE(~ACHMENT LICENSE AREA FOR AN EXISTING SUBGRADE STORAGE AREA PLAN VIEW EAST ELEVATION LEGAL DESCRIPTION OF PROPERTY LOT F, THE WESTERLY 24 FEET OF LOT G AND THE EASTERLY 0.25 FEET OF LOT E, ALL IN BLOCK 89. CITY AND TOWNSITE OF ASPEN, PITKIN COUNTYj STATE OF COLORADO ,'"" / z~. ~-/~ ~./ ,,~vE, C SCALE A$PE~ ',¢'VaVE¥ E~I~IEE¢$. I~ . I INCH I0 FEET 210 S GALENA STREET ~-------- ASPEN~ COLO. 81511 0 5 I0 15 20 JOB 30145C JUNE 27~ 2000 EXHIBIT A- ~o~ ~ I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 445886 88/84/2888 82:36P LICENSE 8RVZ$ SZLV! 0,25' 6 0¢ 18 R 58.88 D 0.88 N 8.08 PZTK~N COUNTY CO ~I-~BEGINNING AT A POINT _ ~ $14o50.49.W/ / WHENCE THE SOUTHWEST ENCROACHMENT LICENSE 4.0.~/ CORNER OF LOT F BEARS FOR THE REPLACEMEN N75°og'II'W 7.75' OF AN EXISTING FIRE ESCAPE LOT FHH ~ PARAGON BUILDING ENCROACHMENT LICENSE AREA FOR THE REPLACEMENT OF AN EXISTING FIRE ESCAPE ~ PARAGON FIRE ESCAPE 4.0' BUILDING NI4°50'49'Eo ~ ~ ALLEY LOT G PAVEMENT PLAN V I EW EAST ELEVATI ON LEGAL DESCRIPTION OF PROPERTY LOT F, THE WESTERLY 24 FEET OF LOT G AND THE EASTERLY 0.25 FEET OF LOT E, ALL IN BLOCK 89 CITY AND TOWNSITE OF ASPEN~ PITKINCOUNTY) STATE OF COLORADO SCALE ASPEN SURVEY ENCINEER$. INC. NCH I0 FEET 210 8. GALENA STREET -- ASPEN, COLO. 816ll I0 15 20 JOB 30145D JUNE 27~ 2000 EXHIBIT 'A' T E ENCROACHMENT LICENSE AREA FOR AN EXISTING HISTORIC BUILDING 0.25' Nt4°50'4g'E AND FASCIA 0.7' BEG NNING AT A POINT WHENCE THE NORTHWEST CORNER OF LOT F BEARS S75°Og'll"E 0.25' / Lot ~/ , / ENCROACHMENT LICENSE AREA FOR AN EXISTING ~ ~ ~ PARAGON HISTORIC BUILDING , AND FASCIA Z ~ ~= ~ BUILDING ~ - PARAGON - JI~DING ~ ~ ~ JLILJJ Z MALL _EVEL LOT G S14°50'49'W I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 445806 08/04/2000 02:36P [.ICENSE DAVIS $ILV! 7 o; '10 R 50.00 D 0.00 N 0.00 PITKZN COUNTY CO PLAN V EW EAST ELEVAT ON LEGAL DESCRIPTION OF PROPERTY LOT F, THE WESTERLY 24 FEET OF .OTG AND THE EASTERLY 0.25 FEET OF LOT E, ALL IN BLOCK 89, CITY AND TOWNSITE OF ASPEN~ /~ PITKtN COUNTY~ STATE OF COLORADO ,~,/,/~' ,E*. ,~Jy~-,,~,~,~ ,~,v.e', SCALE ASPEN SURVEY ENGINEERS. [NC. INCH I0 FEET 210 S. GALENA STREET r~.----.---- --'~ ASPEN~ COLO. 81611 0 5 I0 15 20 JOB 30145F JUNE 27~ 2000 I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII IIII IIII 445506 08/~4/?.~00 02:36P LICENSE DRVI$ SII-V1' 8, or' 1.0 R 50.00 D 0.00 N 0.00 PZTK?N COUNTY CO The Licensee by acceptance of this Encroachment License and the benefits derived thereunder, covenants and agrees for so long as the licensed encroachment shall exist and thereafter for so long as any claim can be made, to indemnify and hold harmless the City of Aspen, its agents, elected and appointed officials, and employees fi.om any and all liability for all claims of whatever nature made by any party on acconnt of property damage, personal injury or death arising by virtue of the existence of encroachment, the physical condition thereof and use and occupancy thereof by any party, without limitation, including reasonable attorney fees and costs incurred in connection with the defense of any such claim made against an indemnified party hereunder. THEODORE K GUY AS~SOCIATEIS PC I IIIIII Ell IIIIII IIIII IIIII IIIII IIIIII III Ell IIII IIII July 31, 2000 .............. Chuck Roth, PE, Project Engineer Engineering Department City of Aspen 130 S Galena Aspen, Colorado 81611 Re: Paragon Structure, Alley encroachment Dear Chuck; The existing and new 10 inch concrete slab will have a minumum thicknes of 10 inches, a f'c of 3500 psi in 28 days, grade 60 reinforcing with #5 bars at 12 inches on center spanning 3'6 and 3'4 in a two span condition. We will provide a concrete slab and steel support system capable of supporting the Colorado Department of Transportation standards for an HS20-44 truck. Please call if you have any questions. s; Theodore K Guy, AIA, PE, President THEODORE K GUY ASSOCIATES PC cc: Pat Fenton John Kelly TKG/tkg 99155 LlO I IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIIII III 445886 08/04/2088 02:36P LZCENSE DRVZS SZLV! ' ~e o, ~e n se.ee o e.ee N e.ee PZTKZN COUNTY CO ~"~ '"-- ....... T-.:"'?: .'~ ........ 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