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HomeMy WebLinkAboutencroachment.205 W. Main.fence.2003 ----- REVOCABLE ENCROACHMENT LICENSE ---= SOUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: INSTRUCTIONS: COMPLETE THE FQLLOkV/NQ ,~S T ,~?PLI~S TO YOUR REQUEST THIS LICENSE IS FOR: (CHEC/~ ON-~,~ [~ TEMPORARY SHORT TERM OCCUPATION Of PUBLIC ROW FROM TO [~ TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY ~ TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreemen~ made raider 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 Ed~t'h $"o Ch±'sh'o2m ,ar 205 ~/o Main Mt,, A'spen, ~o'lor*-db 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: _705 W'. M~in $~ct, Asa*n, C/olorado LegalAddress: Lo~s H & !, ~/~ Lo~ G, Block 52, Original Aspen Townsite, PiPkin ..... · , ~oun~y, ~olora.d~ wr~erd:2~, sma properties aOut thc tallowing described public right(s)-of-way: M~in ,e. ~ree~ VVI:IEREAS, Licensee desires to encroach upon said right-of-way for thc following purposes and as showr and described in Exhibit "A '; attached to this License: .~nexient: P~nc~ ~onst~rncted in front of house WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority ro the City Engineer to gt'ant 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 agreemem 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 ofpublic right-of-way for the purposes described. ~2. 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 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 05. 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. 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 t/me 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 com~ected with this hcensc, if such injury, loss, or damage is caused in whole or in part by, or ~s claimed to be caused in whole or part by the act, om~ssion, 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 ~osts 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 fraudulem. 08. This license may be terminated by Licensee at any time mad 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 t~rmination, Licensee shall at Licensee's expense, remove any ~mprovements or encroachments from said property. The property shall be restored to a condition satisfactory to ASPEN. )9. 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. 1 I. 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 parry shall be entitled to its reasonable attorney's fees. 13. If the structure for which tl-fis license was issued is removed for any reason, Licensee shall not continue to rebuild in the public right-of-way. The punic fight-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 with/n the encroachment area. 15,The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel th/s agreement: a) Discontinuation of insurance coverage b) Change of ownership or alteration of use fratn 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 ohg/nal or better conditions immediately. 1N WITNESS WHEREOF, the parties executed this agreemem at ASPEN the day and year first written. (L lcensee) THE FOLLOt~/TNG SECTION MUST BE COMPLETED B Y A NOTARY PUBLIC: STATE OF COLORADO ) )ss. g County of Pitkin ) The foregoing instalment was ackno~g~g~,d before me this OFFICIAL SEAL. (List if any); CITY OF ASPEN, COLORADO Page: 4 of' 4 07/07/2003 08:46~ SILVI;~ DAVIS PITKIN COUNTY CO R 21,00 0 0.00 -- REVOCABLE ENCROACHMENT LICENSE == COUNTY RECORDING DATA: RECEPTION NUMBER: BOOK NUMBER: PAGE NUMBER: INSTRUCTIONS: COPIP£ET~ THE FOLLOWING/~S IT APPL/ES TO YOUR R~OUEST THiS LICENSE IS FOR: (CHECK ONe) [~ TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO [] TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CITY ~ TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY TbJs Agreemem made under this license and entered into this day o£ , 200 , by and between the C~¥ OF ASPEN. Pitkin Coumy, Colorado, hereinaAer refer'ed to as "ASPEN" and herema "Licensee", WHEREAS. Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Street Address: 205 w. ~t±n s~., Aspen, C~lor~,rr~ Legal Address: Lo~ H & I. ~/~ Lot~ G~ B2ock 52, Or~i~inal As~oen Townsi~e, Pit'kin County~ colora, d'o WHEREAS, said properties abut the following described public right(s)-of-way: Main 8t ~ee~: WHEREAS. Licensee des/res to encroach upon sa/d right-of-way for the following purposes and as shown and described in Exhibit '91 ", attached to this License: kncient ~enc~ constructed' in front of' hous~ 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 encroachmem 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 descr/bed portion ofpublic 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 pttrposes. 04. Licensee is responsible for the maintenance and repair of the public fight-of-way, together with improvements constructed therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same m a safe and clean condition. The Licensee shall obtain fight-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 fi.om the City Engineming 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 liabihty 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 '91dditionallnsured". 06. Licensee shall maSntain 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 'It' h reby u d nd agre d that th' ' e poh'cy may following endorsement: ' IS e nderstoo a e ts Insuranc not be canceled by the surety until thirty (30) days after receipt by the City, by registered ~ ~ ~ ~ rnail, 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 ar/se out of or are in any manner connected with this license, if such injury, loss, or drayage 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 liabihty, 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 ~osts 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 ora written notice of Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. Upon termination, Licensee shall m 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 subjem to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may herea~er be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter is adopted. i0. Nothing herein shall be construed so as to prevent Aspen fi.om granting such additional licenses or property interests in or affecting said public property as it deems necessary. l 1. 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 prowsions of this Agreement. the prevailing party shall be entitled to its reasonable attorney's fees. 13. If the structure for which this license was issued is removed for anv 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 occupanon or construction of encroachments. 14. The licensee waives ally and all claims against the City of Aspen for loss or damage ro 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: aJ Discontinuation of insurance coverage bjChange of ownership or alteration of use from the original specific' use in encroached area c)Restrlction of ,4$PEN or its agents and contractors from access to its lJublic 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. 1N WITNESS WHEREOF. the parties executed this agreement at ASPEN the day and year first written. {'Licensee) TttE FOLLOP/ING SECTIONMUST BE COMPLETED BYA NOTARYPUBLIC: ;TATE OF COLORADO ) County of-Pie=in ) The foregoing znsu-mnent was acknowledged before me this WITNESS MY HAND AND OFFICIAL SEAL. ~r " (DO NOT WRITE BELOW THIS LINE. FOR CITY USE APPROVAL CONDITIONS rList if any): CITY OF ASPEN, COLORADO ~/ ~ - NI~DEH. City Engineer KATHRYN S. K,13~4, City Clerk -- REVOCABLE ENCROACHMENT LICENSE ---= COUNTY RECORDIN6 DAT,~ RECEPTION NUHBER: 3oo1~ NUHBER: PAGE NUHBER: INSTRUCTiPNS: ~ONPLETE THE FOLLOW/NE/4S IT APPL/E$ TO YOUR PEOUEST THIS LICENSE IS FOR (cH£¢~' ONE; [] TEHPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROP TO [] TEMPORARY. 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 day of 200 by and oerween the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Karen H. Chisholm ,at 83 L~zy GIen, ~howm~s~, CO 8165~ 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: 205 W. Main S'~d:., Aspen, ~olorado LegalAddress: Lo~ H & I, Eq~ Lot g, Blook 52, Original A'spen T~ownsite, Pitkin County, Colorado WHEREAS, said properties abut the following described public right(s)~of-way: Mais ~tre~t WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as sho~ and descr/bed in Exhibit '91", attached to th/s License: ~ncient ~'ence constructed in front of House WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority ro the City Engineer to grant e~croachment licenses, ~-IEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject ro certain ondifions, FHEREFORE. in consideration of the mutual agreemen~ hereinafter contained, ASPEN and Licensee covenant and agree as follows: 01. A revocable license is hereby granted to Licensee to occupy, rnaimain and utilize the above descr/bed 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 ro 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 of the public right-o£-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 Engi~3eering Department. Licensee agrees to join any improvement district formed for the purpose of constructing hnprovements 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 may be amended from time to time, naming the City as ",4dditiona! Insured". 06. Licensee shall maintain said public liability insurance coverage in full force and effect during the ten'n 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, ora written notice of such intention to cancel or not to renew." The Licensee shall show proof of this insurance to the City before th/s agreement is filed. )7. 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 ar/sing 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 tlfis license, if such injury, loss, or drayage 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 ~osts 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 ant 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 ar any time and for any reason following delivery ora written notice of Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason· Upon tmmination. 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 ail state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be an~ended, and the ordinances of the City of Aspen now in effect or those which may hereafter is adopted· t0. 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· I2. In any legal action to enforce the provisions of this Agreement. the prevailing party shall be entitled to its reasonable attorney's fees. 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 licm~see waives any and all claims against the City of Aspen for loss or damage to the ~mprovemenrs 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: aj Discontinuation of insurauce coverage b)Change of ownership or alteration o fuse from the original specific use in encroached area cjRestriction 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 circrtmsrances, 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. THE EOLLOIJ~r~ G SECTION MUST BE COMPLETED B Y,,I NOTARY PUBLIC: STATE OF COLORADO ) '} SS. County of Pitkin ) The fore was acknowledge~l before me th/s 1.~_~,z~ffy SEAL. Date ~ l~Notary Public -- · Address (DO ~OT WRITE B]~LO~ Tm8 BI~E. ~OR APPROVAL OONDITIONS (Lib!if an~): CITY OF ASPEN, COLORADO ngineer ATTEST: , DATE: ~, ...... ^ ~ ~v~ s. ~:°/9~ cYtY l~"-- / 7'~''''~ 07,"0"//2003 08:40~ $~LV~ D~V~$ P~TKZN COUNTY CO R 2J.00 D 0.~1~