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Home My WebLink Aboutencroachment.428 E. Hyman building.2000 i tllll111111111111 IIIlll Ill IIllll Illlll Ill IIIII IIII Iii ~.. 448855 1X/08/2008 0'1:25P ENCROI:ICH DI:IVX$ $XLVX 1 otr 5 R 25.00 D 0.00 N 0.00 PZTKZN COUNTY CO == REVOCABLE ENCRO, CHME'NT LICENSE =-= COUNTY RECORDING DATA: RECEPTION ',lUMBER: BOOK NUMBER: PAGE NUMBER: /NSTRUC?/ONS: COMPLETE THE FOLLOWING ~S - ~PPLIES TO YOUR REQUEST THIS LICENSE S FOR: rCHEO,'r ONe) [] TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO ~ TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY ~ TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE :ITY This A~eement made under this license and entered into this day of , 200 0 , by and between the CITY OF ASPEN, Pitkin Coun .ty. Colorado, hereinafter referred to as "ASPEN" and Loma Alta Corporation , a~ 6510 N. Central Expressway, POB 8105, Dallas, TX ~'""~'~' '~"~ ~"~' .......... ~'~'~'~ 75206 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: 428 E. Hyman Ave., Aspenr CO 81611 LegalAddress: Lots P & Q, Block 88, City and Townsite of Aspen WHEREAS, said properties abut the following described public fight(s)-of-way: 428 E~ Hyman Ave., AsDen, CO 81611 alld/or Lot.q ~ & O. Rlc~k R8 V~I~EAS, Licensee desires to encroach upon said fight-of-way for the following purposes and as shown and described in Exhibit "~t", attached to this License: tora port~on of roof, second floor deck and fire egress and for a cooler, and small buildS_hq encroachmen% at front wall and at roar on a]] ~ Vv~tEREAS, Section 21.04.050 of City of A~pen Murficipa] Code delegates the autl/ofi~ ro the City Engineer ro grant encroachment licenses, WHEREAS. ASPEN a~ees to the ~ant of a private license of encroachment as built subject to certain cond~uons, THEI~FOR.B, m consideration of the mumsJ a~eemen¢ hereinafter contained, ASPBN and Licensee covenan~ and a~ee as follows: 01. A revocable Iicense is hereby granted to Licensee ro 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 ro being terminated ar any time and for any reason at the sole discretion of the City Engineer of the City of Aspera 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 fight-of-way and Building Permit as required by the City for any work to be performed in the public fight-of-way.. with design approvals for such work obtained from the City Engineenng 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 m time, naming the City as "Additional Insured". 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 evidencLng 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-insmmace, from and against all liability, claims, and demands, on account of injnw, !ess, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or may other loss of any k/nd 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 of Aspen for the defense costs incurred by the City of Aspen in connection with, may 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 may time and for any reason following delivery cfa 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 ~t now exists or may hereafter be amended, and the ordinances of the City of Aspen now m effect or those which may hereafter is adopted. 10. Nothing herein shall be construed so as re 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 prevai~ng party shall be entitled to its reasonable attorney's fees. 13. If ttie 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 conslruction of encroachments. 14. The licensee waives any and all claims against the City of Aspen for loss or damage ro 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 o fuse 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 WIT~TESS WHEREOF, the pames executed this agreement at ASPEN the day and year first written. Lca~ Alta Co ..rporation (Licensee) THE FOLLOWING SECTION MUST BE COMPLETED B Y A NOTARY PUBLIC: STATE OF ~~× )Il:lAS ) ss. County of3~aX I)ALl~S ) The £orcgoing ~nsmnuem was acknow!edged before me this ~3r4 day of October , ~9200,Cby SgNI)llg I(. I.ARS[N (Licensee). LOUISE POWEI~ NOTARY PUBLIC ;VITNESS MY HAND AND OFFICIAL SEAL. Slam o~ Taxae My commission expires: 1~/08/2001 6210 N. Central £xpw,y, Dallas, TX 75206 ~O NOT WRITE BELOW THIS LINE. FOR CITY USE ONLY) APPROVAL CONDITIONS (List i~ any): AS EN, OOLO O I IIIIII IIIII IIIIII IIIIII III II!111 IIIIIllll IIIII IIII IIII 448655 11/08/2000 01:25P ENCRORCH DPlVI$ SZLVZ /.~ ~/~ ~ . 3 o~ 5 R 25.~8 D 8.~ N 8.88 PZTKIN COUNTY CO / - ~CK A~,~Ci~nd~ . II I Y ~THR~OCH. Cf~Clerk ' ~ ' gN~I~ · I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII 448655 11/06/2000 01:25P ENCRORCH DAVIS 6ILV! 4 e¢ 5 ~ 25.06 D 0.00 N 0.00 PZTK;N COUNTY CO -2o EXHIBIT. A ~ 2o 4~ ENCROACUMENT LICENSE PLAN VIEW ALLEY BLOC/( - ROOF oF 2 STORY BRICK BUILDING w TU BASEMENT -428~ COUR~ ASPEN SURVEY ENGINEERS_ INC HYMAN AVENUE MALL ASPEN COLORADO 816 ' SHEET - OF g ~/oo 25o5s~ I IIIIII IIIII IIIlll IIIIII III IIIIII IIIIll III IIIII IIII IIII 448655 11/08/2000 01:25P ENCRORCH DAVZS $ZLV! 5 ¢~( 5 R 25,00 D 0.00 N 0.00 P!TK!N COUNTY CO EXH£B[T A ENCROACHMENT LICENSE EAST ELEVATION VIEW 2 STOR BRICK ~.~,, i BUILD NG WITN ~ S.? ,,~,~ ALLEY BLOCI~ 88 HYMAN AVENUE ~ALL ~! PREPARED BY ASPEN SURVEY ENG NEERS. NC S~EET 2 OF £