HomeMy WebLinkAboutcoa.en.Longran Ltd.Sardy House.1989 #328752 12/12/90 14:16 Rec 320.00 Bk. 635 PG 931
Silvia Davis, Pitkin Cnty Clerk, Doc 3.00
ENCROACHMENT AGREEMENT
This agreement made and entered into this day of
, 19 , by and between the CITY OF ASPEN, Pitkin
County, Colorado, hereinafter referre' to as "Aspen" and
o h 5rE\ h ( Tb �a d d — + �
hereinafter referred to as "Licensee."
WHEREAS, Licensee is the owner of the following described
property located in the City of Aspen, Pitkin County, Colorado:
City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right- of- way(s):
Alone Aspen street prom the south siue of ,io to the north siue of main
WHEREAS, Licensee desires to encroach upon said right — of way(s)
A ; , ;_licant uesires to uur;; a two (a) incn rVC conuuit a ; ;rox.i.uately L4
inches oeioi the surface of the right of via:
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:
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right -of -way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the City Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen to
use said area for any public purposes.
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
#328752 12/12/90 14:16 Rec $20.00 BY 635 PG 932
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
condition.
5. Licensee shall at all times during the tern 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.,
as may be amended from time to time, naming the City as co- insured.
Licensee shall maintain said coverage in full force and effect
during the term of this License and shall furnish the City with a
copy of such coverage or a certificate evidencing such coverage.
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 cancelled 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.'
6. 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.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licensee's
intent to cancel. This license may be terminated by Aspen at any
time and for any reason by resolution duly passed by the City
Council of the City of Aspen. 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.
8. 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 be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting such additional licenses or property interests in
or' affecting said property as it deems necessary.
10. 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.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reasonable
attorney's fees.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license.
#328752 12/12/90 14:16 Ftec $20.00 &K 633
Silvia Davis, Pitkin Cnty Clerk, Doc :370 FG 933
III WITNESS WHEREOF,the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
BILL STI ING, "Mayor
ATTEST:
i 4
KATHRYN . KOCH, City Clerk
—4/
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Licensee
STATE OF COLORADO )
ss.
County of Pitkin )
'"he foregoing instrument was acknow edged before me( ' tZ is
e 7 0 -/- - day of KQ r �o , 19 )� , by f4ax4/ (/4/
Licensee.
WITNESS MY HAND AND OFFICIAL SEAL. ,.
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MEMORANDUM
DATE: October 19, 1989
TO: City Council
FROM: Bob Gish, Engineering Department
RE: Encroachment License for Longrun Ltd., a Colorado limited
partnership
Approximately six weeks ago, Frank Peters, on behalf of Longrun
Ltd., a Colorado limited partnership, inquired about the process
of installing a computer conduit between the Sardy House and the
Hotel Lenado. This matter was referred to the City Attorney's
Office for review of the application for an encroachment license
and to John Musick for legal advice with respect to possible
franchise issues.
BACKGROUND
The encroachment consists of a two -inch PVC pipe buried
approximately two feet below grade running between the Hotel
Lenado and the Sardy House. The purpose of the pipe is to carry
a coaxial cable connecting computer terminals at each location.
An encroachment license has been issued, at least in one other
instance, to permit parties to bury a coaxial cable beneath City
right -of -way.
The encroachment license, by its nature, is personal to the
grantee and revocable at will of the grantor. Insofar as the
applicant shall pay all the costs associated with the
installation of the coaxial cable and has agreed to return all
disturbed ground to its pre- existing state, the matter presents
no legal or code issues.
RECOMMENDATION
Staff recommends Council approve the encroachment license for
Longrun Ltd., a Colorado limited partnership.
BG /mc
Attachments
�'_ -
APPLICATION FOR kN BNLRbACHMEKT LICENbE TO THE CITY O' fli6PLM,
10/17/89
Aoolicant: Franx ;eters renresenting ion Ltd.. a Co
limited oa.`t//ershir. 2(60 bouth Asoen street, M:soen, LO B1611
Property Owners aautt Aspen street rzcnt c/ way:
1) Claude . M. and Clauoike n. Conner
Box 3+5
Aspen, CO 816L2
Lots A.B, and C. Bioc: 64, LIty o- Aspen
2) Matthew and Carc,yn Gucxsoaum
Box 1tiJ6
Des Moines, Iowa 5u306
Lots K and L, block 6+, Ulty Of *szen
3) City of Aspen
Paepxe Par*
Block 67, City of Aspen
Nature of trip encroachment:
The encroachment will consist of a two ioc PVC consult
buried aporuximately two feet zelow t surface of the right of
way. The ourpose of the buried cor.duit is to carry a conroter
data Line tnat will connect termzna s at t^e ootel Lenaco to tne
Saroy House. Tnese two bed and breakfast hotels sbare a recently
installed reservations arc, p,est c computer system. P
phone line connert was installed between tne two hotels anc
has oroveo costly and uowo,`kasJe with tne softwere net
program. A oirect connect wire w..l1 solve tne software z/oolem,
and will allow the system to communicate at 32.01c0 baud ratner
than tne 2400 to S600 5auc commonly available witb onmne 1..nes
and mooems. The adcit soeed ;.1:5 a aesired ennence/^ent for
front desm zerscnne^ wno ctten musI: oQ many ciecx-cuts irpu a
remote terminal.
Longrun Ltd. wou^d pay tie entire cost of tae insta^:Lat
anb wcuio reta.n BasaIt Construction to co the wora. Dasait
Construction is experienced at wormin g within municipal riclts of
way. and has recent4 completed the oiwe path &}ons nighway s2
east of town. In aoorticn, Longrun has offered to nury a sacono
conduit in tne same trench across main strest for the nenefat of
the city. Because of tie ccsv ant cpmai oh crcs Hain
street, tne city m,Yy find thn.s i»provement useful n the Thture^
The encroacnment license souphi is temoohary is nature, anb
revccabie sy the city. Loncrun Ltc, wfll assume all 1 "ftir
paininc a zenefit from tnis insta^lat c,rin,! its useful
lif
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09798
HOTEL LENADO /SARDY HOUSE 1-84 CENTRAL BANK ASPEN, N.A.
200 S. ASPEN 925 -6246 420 E. MAIN • ASPEN, CO 81611
ASPEN, CO 81611 ,
82-164
1021
AAAAA Three Hundred Dollars and No Cen€S tt Y DATE AMOUNT
O /1 /89 SAA AAAAAA 30 O Q0
PAY
TO THE C r
ORDER
_ \ r
OF: CITY OF ASPEN v ;�
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AUTHORIZED SIGNATURE
11'009798o 1:L0210 L641: 006 478 3»