HomeMy WebLinkAboutencroachment.433 W. SMuggler cross walk.2001
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== REVOCABLE ENCROACHMENT LICENSE
~~~~~~~~~~~~~~~~~~~~~~=~~2222~2222~22222~2222d
COUNTY RECORDING DATA:
RECEPTION NUMBER:
BOOK NUMBER:
PAGE NUMBER:
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INSTRUCTIONS: CO/"IPLETE THE FOLLOWING AS IT APPLIES TO YOUR REQUEST
THIS LICENSE IS FOR: (CHECK ONE)
o TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO
D/EMPORARY, 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 ! I ~- day of I 0 ,200 CC!----:, by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
;vl,R ,!~ C. fj /y ;f LF ,at / / ~ 11/7 jJc - S L/ / T,E ..3/1 !If;?~--Y Cd_, ff(j,f(
(I'rilllFullN~'''':I' iPrWt Lcg;.1 MallmgAddress)
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: _W..EY T SOJ.1 aGEA' sr IT.s JOE AI c. D~O 'if/I/;
Legal Address: 9'':3-3 L{/F5T [:(IM Cob/I( S.T l/,));J}')f' ("IlL/) ??-16/1
WHEREAS, said properties abut the following described public right(s)-of-way: W.SI"Il.l<OGl."',E' ST..
~/l3 /-/()7 ,C;;/~- :/"5/ V~)t- .g/PT
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: 4f"~
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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,
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N THEREFORE, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee
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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 ofthe 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
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 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
fo the e fit .., . ss s 'fied by Section 24-10-114, C.R.S.,
(currently $150,000 er erso d 0 000 er occurrence) may be amended from time to time,
nammg the lty 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 ofthis 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 marmer
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 ofthe City of Aspen now in effect or thosl
which may hereafter is adopted.
10. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses 0
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 ofthis 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 hislher agents and employees
shall automatically terminate and cancel this agreement:
aJ 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.
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(Licensee)
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THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO )
) ss.
County of Pitkin )
The ~egoing ins~TIt wf' ~cknowledged before me this ~, . I
8 - day of ()(< u/JJ2r ,l9.._,by~m(p' ti~1 {.\.r If
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(Licensee).
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WITNESS MY HAND AND OFFICIAL SEAL.
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My commission expires: ~/Jf!tJ"'J,r(i ~,~ vJ,': eJ '~,." . .
o . ' Notary p~~c .'( ./1, . \ .;.
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-------(DONOT-WiUTEBELOWTH1S LlNE,FORClTYUSE ONLY}-------
APPROVAL CONDITIONS (Listifany):
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\ 1"1\\ "III "1111 \\11 1\11" 1\1\ 1\\\"1 III "I" \\\\ 1"\ ~:~~~~:b9 : 28~
SIl.VIA NWIS PITKIN COUNTY CO R 25.00
CITY OF ASPEN, COLORADO
By: ,~/ ~
Y NICK A H. City Engi eer
ATTEST~~~
ENG.JQ4 THR S. KOCH, City C rk -
DATE:
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SILVIA DAVIS PITKIN Coumv co R 25.00 0 0.00
Exhibit "A"
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Conditions of Approval
Permanent, Revocable Encroachment License
Finkle
433 West Smuggler Street
1. The licensee is responsible to obtain a right-of-way permit prior to any work in
the public right-of-way. The application fee is waived due to payment of
encroachment application fee.
2. The walkway construction is at the property owner's risk. The City and the
public utility companies have no obligation to restore the owner's
improvements in the event that work is necessary on utility lines or in the
public right-of-way.
3. Snow removal from the walkway is the property owner's responsibility,
induding snow deposits resulting from snowplow operations.
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