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Home My WebLink Aboutencroachment.520 W. Main trash.2000 ---= REVOCABLE ENCROACHMENT LICENSE =--- COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: I~STRUCT/O~S: COMPLETE THE FOLLOWING ~S T APPLIES TO YOUR REQUEST THIS LICENSE IS FOR: rc~Ec~ ~ TEMPORARY SHORT TEEH OCCUPATION OF PUBLIC ROW FROH TO ~ TEHPORARY. PERPETUATED UNTIL REVOKED BY THE CITY ~TEHPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY T~s A~eement made ~der this lice~e ~d entered into t~s /~ ~y of J~ , 20~ , by be~een the CITY OF ASPEN, Pithn County, Colorado, hereinaRer refe~ed to as "ASPEN" ~d h~ei~er refe~ed to as "Licensee", ~AS. Lic~see is ~e o~er of ~e following described propemes located in ~e CiW of A~m, Pi~n Co,W, Colorado: S~eet Address: ~ Legal Address: 4~ ~E~, sa~d propemes abut ~e following described pubhc fi~t(s)-of-way: ~E~AS. Licensee desires to encroach upon s~d d~t-of-way for sho~ ~d described ~ Exhibit "A", a~ached to ~s License: ~AS, Section 21.04.050 of Ci~ of Aspen M~cip~ Code delegates the au~od~ Eng~eer to ~t encroac~ent licenses, ~AS, ASPEN agrees to the ~t of a private hcense of encmac~ent as built subject to ce~ con~tions, T~FO~, in consideration of ~e mural a~eemen[ here~er commed, ASPEN ~d Lice~ee coven~t ~d a~ee ~ follows: 01.A revocable license is hereby ~ted to Lic~see to occupy, mhnt~ ~d util~e ~e above described potion of public fi~t-of-way for the p~oses described. 02. ~s license is ~ted for a specific use ~d berg temnated at ~y of Asps. 03. Tbs license sh~l be subordinate to ~4. Licensee is responsible for ~e mmten~ce ~d repot of~e public fi~t-of-way, mge~er improv~ents com~cted there~ w~ch ASPEN, in ~e exemise of its ~screfion, sh~l deteme be necess~ to keep and B~ld~g Remit with design approvals for such work obtained from the City Engineering 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 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 "Additional Insured". 06. Licensee shall maintain said public liability insurance coverage in full force and effect during the term oft/tis 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 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. 07. 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, 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. 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 reimburse City o£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. 08. 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. 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 hereai2er be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter is adopted. 10. 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. 11. 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. 12. In any legal action to enfome 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 mason, Licensee shall not continue to rebuild in the public fight-of-way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. 14. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. 15. The Licensee clearly understands the following actions of Licensee or his/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 c)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 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 written. /, M. TItE FO£LOWI'~G SECTION ~USr BE COMPLETED STATE OF COLORADO ) )SS. County of Pitldn ) -- : The foregoing insmament was acknowledged befox~, me this _ , a><~~<'2 day o~'~)'-°'*'t''~ 'VglTNESS MY HAND AND OFFICIAL SEAL. /-"-) My commission expires: ' . APPROVAL CONDITIONS (!Jst if any): DATE: Exhibit "A" SHEET 1 OF 2 Notes 1. 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. Z 2. Said 50% of the improvements value shall be determined on the basis of percentage of total footprint area of the building including future sequences of remodeling. 0 · U.I ..I ~ ~ w North Fifth Street I Illlll IIIII IIIIII IIIII IIII IIIIII IIIIII III IIIII IIII IIII 444715 07/03/2000 10:13A ENCRORCH DAVIS SlLV! 4 o¢ 5 R 25,00 D 0.00 N 0.00 PITKZN COUNTY CO Exhibit "A" SHEET 2 OF 2 ALLDY I~i~-VATI~N DIDE~ ~I~-VATI~N