HomeMy WebLinkAboutencroachment.1203 E. Hopkins wall planter 2002
. .--......,...~,.-.~--,~._.,--..-~
D.
Ul
N
'"
......
...
I'-~NCS'l
N o~~
I'-....~c
o ..t-
I'- ~~
..... ..,
"" o.CS'lCS'l
...
,
~
,
== REVOCABLE ENCROACHMENT LI CENSE
~~CCf;~~s~CC~CC~~CCs~~~ =:1~~:::)~~~~~;2~~~~;;;2~;2~;2~~~~
COUNTY RECORDING DATA:
RECEPTION NUMBER:
BOOK NUMBER:
P AGE NUMBER:
~~!:;~~!:;~cccg;CCf;CC!:;CC~!:::: ....C)=>;;2:::)::>;;2=>=>~~;;2;;2;;2~::>;;2;2;?;;;;;?;2;;;;;?
INSTRUCTIONS: COI1PLETE THE FOLLOWING AS IT APPLIES TO YOUR REOUEST
THIS liCENSE IS FOR: (CHECK OHE)
o TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO
o TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY
IIDa-EMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY
This Agreement made under this license and entered into this day of 200~. by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
BayOil (USA), Inc. at 909 Texas Avenue, Suite 202, Houston, TX 77002
,
(PrUdnoli N."'<l
JPrinlLepIM.ilin,AddresI)
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: 1203 East Hopkins Avenue
Legal Address: Lot 1, prorrontory Subdivision, According to the Map thereof filed in
Ditch Book 2A at Page 240 in the Clerk and Recorder's Offlce of Pitkin County, CO
WHEREAS, said properties abut the following described public right(s)-of-way:
East Hopkins Avenue and Park Avenue
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:
Retaining wall, planter and flagstone parkinq area
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 ~erm as checked above, subject to
being terminated at iUlY 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 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 right-of-way
and Building Permit as required by the City for any work to be performed in the public right-of-way
a.
Ul
N
'"
......
...
I'-O~~
N ......
I'-N~C
o ..t-
I'- ~~
..... . '"
"" 0. GS
...
~.
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
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 maybe 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 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 is adopted.
10. Nothing herein shan 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.
118'. '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}Cltange of ownersltip or alteration of use from tlte original specific use in encroached area
c)Restriction of ASPEN or its agents and contractorsfrom access to its public land under tlte 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
origi r better condition' ediately.
IN TNE , th arties executed this agreement at ASPEN the day and year first written.
BAYO (USA).
(Li censee)
David B. chalmers! President
THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO )
\E~ )ss.
County of~ i-IM../2-l':> )
Thy foregoing instrument w. as aCkno. wI edged before.me this. :
~ 4 ~ day of-M ~ ,+9-- by David B. Chalrrers, as Pres (t-teenseer.
of BayOil (USA), Inc., a Dela~orporation (Licensee.
My commission expo
MARY 8 JENKINS
TARY PUIlUc
State of Texa.
WITNESS MY HAND AND OFFICIAL SEAL.
~"'"""-~""'"
ccccccccccccccCCCCCCCL ~~~~::>::>::>=>::>::>~~::>::>::>~::>::>::>::>::>~~
--------(i)ONoT wRlTEBELOWTHISLINE;FORCITYUSEONLYj-----
APPROVAL CONDITIONS (Usl if any):
CITY OF ASPEN, COLORADO
By: (k~
/ NICK ADEH. City Engineer
!111111'~IIM~ ~;~:~ ;,w
R 20.00 0 0.00
ATTEST:
DATE:
7~/g-<gJ--
ENG.'/J4
l(m
.~ii
mil
!f;~J
;~&:~
li.!!~
1<_.,
11':h
iiil
l!h
:~n
.
\11\\\ II 11111 "" III II \ II II II III ::~~ ~~;~ :3 26P
SILVIA DAVIS PlTKIN COUNTY co R 20.00 00.00
I
I
'11m
..o>HO.oou.!';UR''''
.".""''''''lY,oo.."".o;:,o
DAVOBctW.JERS,,R
_-n::~~""'_F R1rt1''Xt'J
I~ HIGH COUN'!RY ENGlNEERlNG, NC,!
__~ _........-............_DfM_.........
_ ~-=-c:o_~_
___~O!..._.._~______ !'!
"i"
! \- ~:~~~-,
. ......
. '"
i :;1 ~~ 1
: ~~ r I. :1
" !i!
. i
~j
"
.Ii
~[
;!
!,
"
Ii
,I
!
.
~ ~ ~.:.
i~~~ i! ~E I ~~i~ ~ 2~
u~: ;! ; ~ :~;~ ~ ~j
IU; 19 t ~ I~~ ~!~
Eii! II ~ i;=:l~! ! i;
n ~ . ~ ~lb ~!
;~~! SS I" I!~~I!. ~ ;;
!Iii 'j .! i~! : :~
.~., . ,.1." i'
I', '" ,. ,I! ,1
J. . t: iOl .Ii
~=~ il ~ ~ ~~l ;O'~
I:: i HI ~~
,!j;' 'I,'
,I
,
--
3nN3/\ '4 )\B"i d
"
. , I
!'
I'!
Ii'
, -,
'f
i~
,
/
(
I
I
I
I
I
I
I
'" I
'6 I
.25 I
.'Ji
,,,, I
~ij I
'" I
(ij I
I
I
I
I
I
I
I
I
I
I
I
I
I
-----~--
"'
~[
"
~~
i
..
;r
--..---
......
()
)(
(\l
v.
I;
;i~
j
@\
i
!
r'
o
...
"
."
'"
o
Ol:
o
z
...
o
'"
"'
m
C
III
o
z<
Cl~
_0
"'z
".
:1:>
Ill"
0"
00
?;'"
o
'" z-
>0
>...
...o~
."...s:::
>:1: "0
~M::U
(\):s:O
",><
?'Ut-rj
n:'lS:::
o r'trJ
cd--=,
z ~.....
"'->--3
.-<z
~ ~ ej)
'"c
." ::u
=3()<
?;r'
Z ~~it-"Ij
. ?;-<
m>
"'z
":;0
'"
'"
0'"
,"""
o
n",
00
r'M
0",
'"
>0
0,""
o
."
::;
?;
z
"
o
c
z
...
"'
"
o
r'
o
'"
>
o
o
_~--=-----:~=--r_