The URL can be used to link to this page

Home My WebLink Aboutencroachment.612 W. Francis wall.2000 --- REVOCABLE ENCROACHMENT LICENSE --- COUNTY RECORDINO DATA: RECEPTION NUMBER: BOOI~ NUMBER: PAGE NUMBER: INST/~UCT/ONS: COMPLETE THE FOLLOWING ,~S IT .4PPLIES TO YOUR REOUEST THIS LICENSE IS FOR: (c~.~cr, o, vE) ~ TEMPORARY SHORT TERN OCCUPATION OF PUBLIC ROW FROM TO [] TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY ~. TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into this (~ ~14 day of ~ o,,t. , 200 ~, by an between the CITY OF ASPEN, Pitldn County, Colorado, hereinafter referred 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, Street Address: (.o r?.. ~ ~ ~ '~ , /LoT P 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 City 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 fight-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 ~ork O'btained fi.om the City Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 05. Unless the propexly 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".i~ 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 policy may not be canceled by the surety until thirty (30) days after receipt by the City, by registered rnail, of a written notice of such intention to cancel or not to renew." The Licensee shall show proof of this insurance to thc 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 fi.om 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 of 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 hereat~er 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 fi.om 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. ~ 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: a)Discontinuationofinsurancecoverage 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 frotn 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'i (Licensee) THE FO£LOWING SECTION MUST BE COMPLETED BY.4 NOTARY PUBLIC: STATE OF COLORADO ) County of Pitldn ) _regoinginstrument w~ acknowledged bef_~ore me this day of ~J~/iT~f_~ ;-l'9oY_eos by q0,P~ %tlu rme z,; (Licensee). WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 'Date Notary Pub~ __C__~__CC__~C~CCCC~CCCCCC~G__~__~DDDDD~DD~D~ mo NOT %~TE B~LOW THIS LINE, FOR CITY US~ ONL~ I CITY OF ASPEN, COLORADO Exhibit "A" m ....... LOT P 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. 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, Encroaching planter wall Appriximately 30" high EDGE OF PAVEMENT Francis Street