HomeMy WebLinkAboutencroachment.0265 Exhibition Lane soil stabilization.2001
== REVOCABLE ENCROACHMENT LICENSE
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COUNTY RECORDING DATA:
RECEPTION NUMBER:
BOOK NUMBER:
P AGE NUMBER:
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INSTRUCTIONS: COMPLETE THE FOLLOWING AS IT APPLIES TO YOUR REQUEST
THIS LICENSE IS FOR: (CHECK ONE)
o TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO
~ TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY
o TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY
This Agreement made under this license and entered into this / g tt.cday of 6} e-C'f 200 L by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
&WUI~. ~~ U-.t, ,at~)( tf--z.6tt. . th~ LI? 'iffrv/2-
1l'tU~FuIlNanl<l"7 lPrintlegalM.illJlgAddressII ~
hereinafter referred to as "Licensee",
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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:
-COy SIA h ~Tu /xl-<<fh .s;mkl.<Xlij:}-h~ -t.GV\I\f:'O \'"~vz.1. ,
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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:
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 right of ASPEN to use said area for any public purposes.
04. Licensee is responsible for the maintenance and repair ofthe 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 public right-of-way
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with design approvals for such work obtained from 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 property that is the subj ect 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".
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
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-insurance, from and against all liability, claims, and demands, on account of injury, loss, or
damage, including without limitation claims arising from 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 ofthe 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
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.
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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 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) Discontinuation of insurance coverage
b)Change of ownership or alteration of use 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 WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written.
(Licensee)
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THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO )
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County of Pitkin )
The foregoing instrument was ackno-'lfJ5dred before me this . 7 /f
/ [-of day of ('C..0.e,e7E' ,'1'J~, by. w'C-h/ /lIe.. LO.<J77/G~
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WITNESS MY HAND AND OFFICIAL SEAL.
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APPROVAL CONDITIONS (Ustifany):
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CITY OF ASPEN, COLORADO
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By-'
NICK ADEH. City Engineer
ATTEST:
DATE:
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October 31, 2001
Mr. Phil Overeynder
City of Aspsn Water Department
500 Doolittle Drive
Aspen, CO 81611
Dear Pllil:
During elCC8vation for Lot 15 Aspen Highlands, it became necessary to seek an Encroachmant
Agreement with the City of Aspen in order to be able to stabilize and excavate within the utility
easement At this point, It was delennined that there was an ltXisting 4" ductile water line. The
City of Aspen Water Department felt that this line did not meet the standards required of a
Municipal water line ancl it was al80 determined that the depth of the line W8$ only six feet +1-
at an aCC888 road location. Aspen Highlands agreement with the City waa .1 lines were to be
a depth of seven feet below grade. To the advantage of Lots 15, 14, and 13, the City has
proposed that they wUl instal three individual 2" capper lines for the water servtce. The City of
Aspen Water Department agr...that the owner of Lot 15 (Exhibition Lane, LLC), together with
all responsible psrtlee (Lot 13, 14 and Aspen Highlanda, to the extent they are found to be
responsible parties), will pay for the coat of installng said three 2" copper water lines within the
existing utility easement and that tne City of Aspen Water Department will assume all liability
for installing said water lines. This work is to occur in the Spring of 2002. Every attempt will
be made to leavs the cul-de-sac on Exhibition Lane undisturbed by taping the S" Une serving
the fire hydrant as it enters the 10' utilityeasement,lfthia is determined to be feasible. Said
three Z' copper water tines to be installed in a manner that beneftts lot 15 and that these
.. benefits extend to lots 13 and 14. Furthermore. during these negotiations, it may be
detennined thet it is fee.ible to in8tllll a e" or 8" main line on the appollte IicIe of the essement.
The maintenance of said water linea to be subject to further negotiations, if this option is
chosen. This would allow for easier access to the water line and allow it to be buried at a
proper depth.
Thank you,
John McCormick
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City of Aspen ~ perlmant
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By John McCormick
P. O. BOlt 4254, Aspen, ~O &1812 . (970) 927-92114. (970) 927-9281 fax
avalanchecmCilaspenlnfo.com
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YENTEA
COM PANIES
1512 Grand Avenue Suite 221
Glenwood Springs, Colorado 81601
October 9,2001
(970) 945-5333 Phone
(970) 945-5380 Fax
Avalanche Construction Management. LLC.
Altn: Peter Louthis
P.O. Box 4254
Aspen, Colorado 816 12
Dear Peter:
All shoring to be installed by Yenter Companies, Inc. will be for temporary excavation
support. The shoring will have no long term function. If, in the future, removal of
stabilization item is required, no detrimental efl'ects will occur to the foundation structure.
It is Y enter's understanding that the structural engineer will design basement walls to
handle all imposed earth loads.
Thank you,
~~,~
Staff Geotechnical Engineer
Yenter Companies, Inc.
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