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Home My WebLink Aboutencroachment.1165 S. Second 2003 ----REVOCABLE ENCROACHMENT LICENSE == COUNTY RECORDIN~ DATA: RECEPTION NUMBER: BOOK NUHBER: PA~E NUHBER: //VSTRUC?/C~/vs: COHPLE?E ?'HE' FOLLOWING AS /T APPL/ES 7'0 )"OUR REQUEST THIS LICENSE IS FOR: (c/-/~'£~ ~.] TEHPORARY SHORT TERH OCCUPATION OF PUBLIC ROW FROH TO [] TEHPORARY, PERPETUATED UNTIL REVOKED BY THE CITY EHPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under mis license and entered into this/_J_L~day of .~. , 200 ~ .... by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and hereinafter referred to as "Licensee", 2~flrh)~ WHEREAS, Licensee is the owner of the following descfibed properties located in the City of Aspen, Pitkin COunty, Colorado: Street Address: i J/p -~'~ ,3'~49g)~ .~//'"'P--.~IS~/~?~,J~ ~(~ (/~// Legal Address : /4/)L/. /.JAJ/T' ~Q.,,i JI,/~,~'~/DZ~. WHEREAS, said properties abut the following described public right(s)-of-way: WHEREAS, Licensee ~tesires [0 encroach u~)on said rigD-of-way for the following purposes and as shown and describe¢ in Exhibit ",,t", attached .to th/s License: - 'WI-tEXAS, Section 21.04,050 of City of Aspen' municiPal C°de aelegates the ~ULh~ity' tO the City EnEineer 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 ?f th? 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 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 b~ subordinate to the..right of ASPEN to use said area for any' public purposes. 34.':"':'"'~:'~'~L,c'ensee [s r~pons~ble for the '~i~3n~Ce and rePair of the public right-of-way, toge~er wi~ improvements constructed therein; which ASPEN, in the exercise of its discretion, shall dete~ine to -be necess~ to keep ~e sine in a safe ~d cte~ condition. The Licensee shall obtain right-of-way and Building Pe~it as required by the City for any work to be perfon~ed in the public fight-of-way 09/25/2003 09:35~ SILVI~ DRVIS PITKIN COUNTY CO ~ 05. with design approvals for such wori~'obtained from'the dity Engi'neering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements in and to the public right-of-way. 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 may be amended from time to time, naming the City as "Additional Insured". 06. Licensee sh',dl 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. Lice~see 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 pan by, or is claimed to be caused in whole or part by the act, omission, error, professional error, mistake, negl/gence, 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 ticensee 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 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. entitled to its reasonable attorney's fees. SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 In any legal action to enforce the provisions of this Agreement, the prevailing party shall be 'if the strUctu~ for Whi~'h this hcense was issued is'remo~ed 'fOr any ~easo'n, Licen'see shall not .... continue to rebuild in tt~e 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 ~vithin 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. (Licen~'be) -~ THE FOLLOglqNG SECTION MUST BE COMPLETED BY,4 NOT,4RY PUBLIC: STATE OF COLORADO ) County of Pitkin ) The foregoing instrument was acknowledged before me this /[2c~ day of _~,~ ,~rr~/IDer, :t:gDooj3byChrl,~o.~h~r .~.__5.t~. i../-/.) WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Da t¢ Address (DO NOT WRITE BELOW THIS L~E, FOR CITY USE ONLB APPROVAL CONDITIONS (LZt if any): CITY OF ASPEN, COLORADO 488883 Page: 3 o~' ~ e9/25/2oe3 o9 D 0.00 Page: 4 of' ,5 09/25/2003 09:351~ SILVIA DAVIS PITKIN COUNTY CO R 26,OO D 0.00 Diana H. Beuttas STATE OF COLORADO COUNTY OF PITKIN SS: Deborah S. Hatch 'The foregoing instrument was acknowledged before me this/~day of September, 2003 by Diana H. Beuttas Witness my hand and official seal. My ' ° My Commission Expires 3/26/2005 STATE OF COLORADO ) } SS: COUNTY OF PIT~ ) Notar~ Pubic Address: -/l~ 60~q-rr~a)r~ ~r'e'eJ, ~2o/ t~ , 6o/or'adO The foregoing i.ns~e_nt, wqs ackgo~ledg~d b~efore me this //~¢?dday .of September, by Deborah H. Hatch· 42~ o!Y,u, hi~Ze,,_,/4, ~ ,-~ ~... ~~. 2003 Witness my hand and official seal. My ' · My Commission Expires 3/26/2005 Notary Pubic Address: R~0~F ENCROACHES N 75~09'I1"W 90.00' .,..iH'` 8.2~ , L.C'E' 57.14 ' */- I M [,U:e'$'-r'