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HomeMy WebLinkAboutencroachment.237 W Hopkins Morgan.driveway.2002Rug 28 02 12:07p Maril~n R. Marks 9?0-544-5458 REVOCABLE ENCROACHMENT LICENSE cc~cccc~c__ccc~cccccc__ccc_~---~__~_~_~. ~_~_~_~ ~_~_~_~_~_~_o__ COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBP.'R: fNSTRUCT/GIVS,- COMPLETE THE FOLLOW/NG ~S /T ~PPLIES 70 YOUR REQUEST THIS LICENSE IS FOR: fc,Y£c/f ONE,) [] TEMPORARY SHORT TERH OCCUPATION OF PUBLIC ROW FROH TO ,~TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY [] TEHPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKEI] BY THE CITY This Agreement made raider this license and entered into this ~ : day of_f~., 200 ,,q , between the CITY OF ASPEN, Pitkin County, COlorado, hereinafter referred to'as "ASPEN" and hereinafter referred to as "Licensee", by and WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: ,~o~ 7 jT~ x/~/~,~xY~,"~ J' /-~J'z~4~ ~ ~P//~// WHEREAS, said properties abut the following described public right(s)-o:Sway: ~ ~"~* c";v,.,,~- ~ WHEREAS, Licensee desires to encroacli upon said fight-of-way for the fbllowing purposes and as shown and described in Exhibit "A ', attached to this License: WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to ~ant encroachment licenses, WHEREAS, ASPEN agrees to the ~ant of a private license of encroacI:anent as built subject to certain conditions, THEREFORE, in consideration of the mutual agreement hereinafter cc,ntained, ASPEN and covenant and agree as follows: 01. A revocable license is hereby ~muted to Licensee to occupy, maintain and utilize the above described Portion of public right-of-way for the purposes described. 02. 03. 04. 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 En~neer of the Ci~ of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. 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 discretJ, on, shall determine to be necessm3' to keep the same in a safe and clean condition. The Licensee shall obtain right-of-way mud Building Permit as required by the City for any work to be perforrr~ed in the public right-of-way Ru~ 28 02 ]~:O?p Naril~n R. Harks 970.5~-5~59 p.3 09. 10. ll. 12. w/th design approvals for such work obtaJ.ned from the City Engineeffng Department. Licensee agrees to join any improvement district funned for the purpose of constructing improvements in and to the public right-of-way. Un/ess the property that is the subject of this license agreement is covered by a homeovmers insurance policy, Licensee shall at all times during the term hereof, c?ry public Iiabihty insurance for the benefit of the City with limits of not tess than those specified l~,y Section 24-I 0-114, 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 "Additionallnsured': Licensee shall maintain said public liability insurance coverage in full force and effect during the tenx~ of this License mad shall furnish the City with a most cmxent 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, ufa written notice of such intention to cancel or not to renew." The Licensee shall showy proof of this insurance to the City before this agreement is filed. Licensee agrees to indemnify and hold hanuless 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 ashy 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 ir. 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, k.andle, respond to, and to provide defense for and defea~d against, any such liability, claim or demands at the sole expense of the l/censee or, at the option of the City ofA_spen, Iicensee agrees to pay City of Aspen or reimburse City of Aspen for the defense busts incurred by the City of Aspen in connection with, any such liability, claims, or demands. The licensee also a~ees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demandsatI~ged· are groundless, false or fraudulent. This license may be terminated by Licensee at any time m~d for any reason following delivery ufa 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 sl~all be restored to a condition satisfactory to ASPEN. Tlfis 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. NOthing herein shaI1 be construed so as to prevent Aspen from ~anting such additional licenses or property interests in or affecting said public property as it deems necessary. The conditions hereof imposed on the granted license of encroachment shall cons6tute covenants running with the land, and binding upon Licensee, their heirs, successors and assize-ns. h~ any legal action to enforce the provisions of tlxis Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. Rug 28 02 12:07p Maril~n R. Marks 9?0-544-5459 13. If the structure for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the public rigl~t-of-Way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. t4. The licensee waives any and all claLms against the City of Aspen for los; 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 agentx 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 trader the encroachment to its orio~inal or better conditions immediately. IN W"ITNESS WHEREOF, the parties executed ttu's,a~e~ent at AS~the d/~y~d year fir. st~ntten Lic 1'~ FOLLOWING SECTION MUST BE COMPLETED B Y A NOTAR Y PUBLtC: STATE OF COLORADO ) ) SS. County of Pitkin ) The for¢_~oing instrument was acknowledged befr~rc me this WITNESS MY HAN~D AND OFFICIAL SEAL. My commission expires: --~-- ~O NOT =PROVgL CONDITIONS (~st CITY OF AS,PEN, COLORADO BY~D~-~ KOCH. IN 2..5' <Z w ' i VICINITY MAP WALK ' WAY 12.2.' ~AL K WAy. M,/V/7' ~ DECK /.C.E, M/VIT £zc,4. u, vn- ~ 4 2.1' U/V/7' A.