HomeMy WebLinkAboutcoa.en.Pack'm Block 89.1995 ENCROACHMENT AGREEMENT
This Agreement made and entered into this o I of ND Oe m bac , 1995, by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and
Pak'M Services, Inc., P.O. Box 187, Basalt, Colorado 81621, hereinafter referred to as "Licensee."
WHEREAS, Licensee desires to encroach upon said right(s) -of way:
A trash compactor to be located in the alley of Block 89, Original Aspen Townsite, as
shown in attached Exhibit "A."
WHEREAS, Section 19 -5 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:
1. A private license is hereby granted to Licensee to occupy, maintain and utilize the above
described portion of public right -of -way for the purposes described in the Request for Proposals for
the Trash Compactor Installation and Operation Project, dated September 25, 1995.
2. This license is granted for a term of five years.
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 condition. The Licensee shall obtain
permits from the City Streets Department for any work to be performed in the public right -of -way
with design approvals for such work obtained from the City Parks and Engineering Departments as
appropriate. Licensee agrees to join any improvement district formed for the purpose of
constructing improvements in and to the public right -of -way.
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L.VIP DAVIS PITKIN COUNTY CLERK & RECORDER 21.00
5. 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 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." The Licensee shall
show proof of this insurance to the City before this agreement is filed.
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 for failure to comply with the terms and conditions of the above referenced Request for
Proposals. 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. 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.
10. In any legal action to enforce the provisions of this Agreement, the prevailing party
shall be entitled to its reasonable attorney's fees.
11. If the structure(s) for which this license was issued is /are removed for any reason,
Licensee may not rebuild in the same location without obtaining another encroachment license
prior to building. It is City policy to preserve public rights -of -way for the general public benefit,
and it is not anticipated that reconstruction of encroachments would be permitted. No existing
encroachment shall be enlarged without obtaining an additional license prior to construction.
12. The licensee waives any and all claims against the City of Aspen for loss or damage to
the improvements constructed within the encroachment area.
388034 8-801 P -693 17/07/95 09:2_1f PO OF 4
IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first
written.
- PRK ' n1 i ces n
S f4M
Licensee
STATE OF COLORADO )
) ss.
County of PitleinFigac )
The foregoing instrument was acknowledged before me this
2 day of QD0ent Er , 19th, by i?AK 01 Se rvlkcslc•(Licensee).
WITNESS MY HAND AND OFFICIAL SEAL. r C
My commission expires: - ��1 C
coraission expires4909 Notary Public t �
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: KATHR S. KOCH, City Clerk
AP OVED AS TO FORM: . / � / : ir
City Attorney
KM95 219
38803.4 8-801 P -694 12/07/95 09:21P PG 3 OF 4
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