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Home My WebLink Aboutencroachment.633 W. Francis parking.2000 ==- REVOCABLE ENCROACHMENT LICENSE -'-: COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: C~CCC~C_CC~C~C~D~DDDDDDDDDDDDDDDDDDDD /NSTRUCT/ONS: COMPLETE THE FOLLOWING AS T ~PPL/ES TO YOUR REQUEST THIS LICENSE IS FOR: (ct.lEc,~ [] TENPORARY SHORT TERH DCCUPATION OF PUBLIC ROW FROM TO [] TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY ~TENPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into this day of 200 by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter refen'ed to as "ASPEN" and hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: WHEREAS, said properties abut the following described public right(s)-of-way: WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", attached to this License: WHEREAS, 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 follows: 01.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. 02. 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 Cit) of Aspen. 03. This license shall be subordinate to the fight of ASPEN to use said area for any public purposes. 04. 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 pul~c right-of-way 05. Licensee shall at all times during the term hereof, carry public liability, insurance fo~ the benefit of the City with limits of not less Wan those specified by Section 24-10-114, C.R.S., (currently $150,000 per person and 5600.000 per occurrence) as may be amended from time re time, naming ,,_, the City. as "Additionallnsured". 06. 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 po/icy may not be canceled by the surety until thirty (30) days after receipt by the City, by Licensee shall show proof oftl'fis/nsurance to the City before this agreement is filed. 07. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may ar/se out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or fi.om any act or omission of any representative, agent, customer and/or employee of Licensee. 08. This license may be terminated by Licensee ar any time and for any reason following delivery, of a time and for any reason. Upon termination, Licensee shall at Licensee's expense, remove any improvemems or encroachments from said property. The property shall be restored to a conditiOnsatisfactory to ASPEN. 09. Th/s license is subject to all state taws, 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 propert7 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,~s'pen 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 te, ninate 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 ASPE,¥ 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 orig/~al or better conditions immediately. ~ IN WITNESS WHBR~OF, th~ executed this agr~m~m at ASPEN th~ d~y ired year first I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III IIIII IIII IIII 448728 11713/2000 0g:021~ ENCROACH DAVXS $XLVX ~c~z~ .... -.. ,,,,,, cou,,, ~0 --' ~ ' Exhibit "~".. 25.~ D 8.B8N ........ F~nc~ s-t~et R~ght-of-way ~ ~ SHEET 2 OF 2 Encroaching ~w~ ~Lff ~ ~ roof tip overhangs ~.a" u.~.~ ~ ~ / / ,// / See sheet I for ~ ' - parking space / ~ ~o" ~. a~uE encroachment ~ ~o o.. ~uc~ ~AT~O. ~0 0 ~ ,~00 ~ I IIIIll IIIII IIIlll IIIIII III IIIIIII IIIII III IIIII llll Illl 448728 11/~3/20~ 0~:02A ENCRO;ICH DAVIS $ILVI 4 of' 5 R 25.00 D 0.00 N 0.00 PITKZN COUNTY CO NOTE: This encroachment license shall be null and void when the ~ City installs curb and guter and/or sidewalk. Exhibit ""~" Space Area ' · ' .- MINIMUM 2'xl 4' Area rese~ed for 2 parking spaces at Reception No. Office of Pitkin C~unW Clerk & Recorder p-n i, :,, __- ALL~Y ' BLOCK 22