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Home My WebLink Aboutencroachment.214 Park ave. Holy Cross.2004 1111111111111 1111 111111 ~~;~ ~~;! ~9: 121 SILVIA ORVIS PITKIN COUNTY CO R 26.00 D 0.00 - -.... REVOCABLE ENCROACHMENT LICENSE.... __ License Number: County Recording Data: Reception Number: Book Number: Page Number: ccccccccccccccccccccc~::>=o=C)::>::>::>::x::J::>:):X)::>::>::>::>:::o=o INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TP YOUR REQUEST THIS LICENSE IS FOR: (CHECKONEONL~ o TEMOPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROM TO ex TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY. o 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 between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and HOLY CROSS ENERGY ,at P.O. Box 2150, Glenwood Springs, Colorado , (PrInt Full Name) lPlinl Legal Mailing Address) daytime phone number: 970-947-5416 , 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: Legal Address: WHEREAS, said properties abut the following described public right(s)-of-way: 2]4 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: , 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 utiiize the above described portion of public right-of-way ior 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 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 with design approvals for such work obtained from the Engineering City of Aspen - Engineenng Department, 130 South Galena Street. Aspen Colorado 81611 ~970-920-5080 REVISED: 0511012004 1111111111111111111111 ~~;~~~;! ~9121 SILVIA ORVIS PITKIN COUNTY CO R 26.00 o 0.00 Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements within pUblic right-of-way. 05. Unless the property that is the subject of this license agreement is covered by a homeowner's 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 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 fauit 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 attomey 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 life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall terminate when the improvement has failed or out of compliance with required standards of performance or if it is revoked by the City, whichever comes sooner. 12. 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. City of Aspen - Engineenng Department, 130 South Galena Street, Aspen Colorado 81611 ~970-920-5080 REVISED: O!Y1012004 11111111111111111111 II ~~;~~~;! ~9 w SILVIA DAVIS PITKIN COUNTY CO R 26.00 0 0.00 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)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 and in accordance with the latest Engineering Department standards for improvements of Public right of way. , e parties executed this agreement at ASPEN the day and year first written. THE FOLLO G SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF COLORADO) County of Pitkin ) ss. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: /';);~ c/ Dare The for~ng instrument was acknowiedged before ~ /) ,-- /5 day of Nov ,_-' b~ ~;c:...e. (Licensee). "00'1 /L7 /)____~ ,~r=~ ",,"~llIQI"u.""'II' ~ ~ '--'.-<.<l ~ ~Vc..-, ~ "" ~ ~ fA",/~ ~ <.~\,;"..7f"O ~ ....';'... ...~~ _ l~QTAR':.~\ =:~}= ~ \!'UBL\'U/s,J ~~" .....::.;)~ ~.iJ-;:........n..~r~ "I'~ OF 0\.1.> ,~' Address CCCCCCCCCCCCCCCCCCCCC~=D::>::::>::>::>::>::>::>::>=C)::>::>::>=>:::>:::>::::>::::>::::>::::> (DO NOT WRITE BELOW THIS LINE, FOR CITY USE ONL YJ APPROVAL CONDITIONS (Listff.ny): ,t:>,./, mu~J" $'1- ~ Pny""-'"7//I<ofIJ ()4"', CITY OF ASPEN, COLORADO By: ~ /U~ /' NICK ADEH, P.E., Ci~ Engineer A TTES . 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