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Home My WebLink Aboutencroachment.121 N. Fifth. landscape.2000 ~...o ->U =:.... , _...,... -cn!E -lI)::) ~I"'O _>U _a: .:...- a z ==%~ _u,.... _a:... =~L -UQ !!!!!ZQ -III' = Q -gz !!!!! '" -':;21 -.... - Q -Q ~sa !!!!!~Q =......s -",. _&& _'N -=-= -a1.. =m iiiii:5l'O !!!!! .. -..... ~, p_ Ut? 0 REVOCABLE ENCROACHMENT LICENSE ~~~~~~~~~S;;~~~~~~~b~s;;s;;S;;==g2:J:J2222222~2~2222222 INSTRUCTIONS: CO!1PLETE THE FOLLOWING AS IT APPLIES TO YOUR REQUEST 'THIS lIcoNSo IS FOR: (CHECK ONE) o ToMPORARY SHORT ToRM OCCUPATION OF PUBLIC ROW FROM o ToMPORARY, PoRPOTUAToD UNTIL RoVOKoD BY THo CITY WTEMPORARY FOR PRo-oXISToD CONDITION AND PoRPoTUA ToO UNTIL RoVOKoD BY THo CITY TO This Agreement made under this license and entyred into thisZZ nJday of~, 20.0(L, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred t<>llo/"ASPEN" and 0IU.J t ~k.-'1 ~ F...... ~-.s , at J t)../ A/.~. ~-r. A-ta_"-/j c!-(7) .1 (l'rintFulI~ame) . )Priml.eglllM;)iIlngAddress} I f!3;ltel 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: I &. I Legal Address: WHEREAS, said properties abut the following described public right(s)-of-way: JJ - tJ.. 1"J~<Si- k ~t'-'I-i- 6 S; i - t3 ?:.e . -e r- ~ tJ.. -e..vT jJ. (7) 1';" 6 'T: ~f>~7L// tfD f?dt-t/ . . WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit '~", attdGhed to this LiJ<.ense: )... a IV dZ l' -t1 a.- JO ~ q, ., I^ r-I ~ t:l-ll- c t) A..i I WHEItEAS, Section 21.04.050 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, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as fo}lows: 0.1. 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. 0.2. 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. 0.3. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. 0.4. 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 by the City for any work to be performed in the public right-of-way 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 ito the publictight-of-way. iiii...o ~=--u --' _...,... =cn~ _lI)::) =...0 _>u _a: _ClZ -... ==:1:"" _UI- _a:... -OlL -<< -UQ !!!!!ZQ -III' = Q -gz !!!!! III -..Q -"'Q -.... -.., -Q !!!!!QCl !!!!!~m =......CSJ _Ill' -QQ _,<'I -a1 __SO= -a1.. =m -110'" -"'0 !!!!! .. _"N 0.5. Licensee shall at all times during the term hereof, canypublic liability insurance for the benefit of the City with limits of not less tlian those specified by Section 24-10.-114, C.R.S., (currently $150.,0.0.0. per person and $60.0.,0.0.0. per occurrence) as may be amended from time to time, naming the City as "Additional Insured". 0.6. 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 cance/e.d 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. 0.7. 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. 0.8. 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. 0.9. 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.. 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 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. 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: aJ 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. (~Mc.Jl +~-e---- J:?r-l~ Pt!., (License THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARY PUBliC, STATE OF COLORADO ) ) ss. County of Pitkin ) ..5 Ie The f~egoing instrument was acknowledged befo 1/ V1 day of 1'1.......,. , 19 ~, by I ':2..~c)o /' (I'f"""j'" WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 01'5 /::U'JO.:3 f, Date APPROVAL CONDITIONS (Listifany): \-40 Ak-r-eAAllo.J s To (~I GA-7i'o..J 'tlrrcl.l k((F-:~I-rlF-~ CITY OF ASPEN, COLORADO ~~ By: ~K ADEH, City Engineer AITFBT ~~ ' ~_ . 0 ,,"0 ... - 1111111111111111111111111111111111111111111111111111111 443898 08/0e/2000 11:eeA ENCROACH DAVIS SILVI 3 0' 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO ,~-_. ------.------ DATE: . '5 ~~/.2~ I / ~ \. a ~ y Ilr- P: ~e d ) .-J () ~~ 9.l,t, ~lo .:>y ~ , ! ' ~ oJ ~ \l ~ ...) I./) \ \111\1111111111I11111111111111111\1111111111111\11 \11\ 443896 06/0e/2000 11,eeA ENCROACH DAVIS SILVI 4 of 4 R 20.00 0 0.00 N 0.00 PITKIN COUNTY CO J; "I , , d. i: <i 0 -- .-;~< ~ 'ti l, ..:! ;. ~~~ , , ~ , , Q U. Q CJ .J.> ,'; .JE)1f ~ , 1 -< i } l jl1 f{1J . ,~, -1 , .0: " " .,. ,- - ... ~'; , - ~J ~ . eJ '1 1< , '"" "1 - t? ~~ ~ ~.t . ',,;' ;~:g J 00' ,- . l,~ ~ ; u U) <f<<. t:. llJ~"'1.J " . ! 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