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Home My WebLink Aboutencroachment.McManus - 423 N. Second - fence.2006 Feb 28 06 04:37p Lance Luckett 970-963-0944 p.3 - -.... REVOCABLE ENCROACHMENT LICENSE.... __ License Number: County Recording DlIla: Reception Number. Book Number: Page Nunt>er: CC==!:!:CC=!;;=C~;l=;l;/~~=z;l~=~::J;l~ INSTRUCTIONS: COMPlETE TIlE FOLLOWING SECTIONS AS IT APPUES TP YOUR REQUEST THIS LICENSE IS FOR: (ClECI<ONI' 0'"'' U TEM<lPOllAAY SHORT TERM OCCUPATION OF P\Jeuc ROW FROM TO o TEMPOAARV, PERPETUATEO UNTIl REVOKED BY THE CITY. )(TEIIPORAAY FOR PIlE-EXISTED CONDlTlONANO PBlPETUATEO Utm.1lE\'OKED flY 1lIE 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 'ASPaN" and --L \t.. II , at'y :J."3 ,g i;L ~-t ('" ~ ~I A,;s Oe,.r.. e 019I.Lo..LL. -""....., ""l...__ r daytime phone number: ). C"I?'- (D\ a - ~ do =he::;- . hereinafter referred to as 'Licensee", WHEREAS. Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, COlorado: =t:::::: ~~-; ~.~ h=~~(~~~~~~~~~(~ WHEREAS, said properties abut the following described public righl(s)-of.way: S'N\l)'t~\f,Y ~+(,.H)+ ~ '{\\~M'h c;eC'oV\lt ~('~ WHEREAS, Licensee desires to encroach upon said right-of-way for the fOllowing puIpOses and as shown and described in ElChibit "A", attached to this License: o {' < Q \J) CA. or .(. i,,- \ Q. '. he.:~.. . Q.-h)("'I.. \:~<~T\~'O)"~~','<\tf~+~(>"':>I\\'I/.(, ,,\\or.:~1).o-Q\" .re(.-<:),..,...-~ <:\: i<;)'l. WHEREAS, Section 21.04.050 of City of Aspen Municipal C<I\le delegates the autl\ority to the City Engineer to grant encroachment ficenses. WHEREAS, ASPEN agrees to the grant of a private license of encroachment as bui~ subject to certain conditions, THEREFORE, In conSideration of the mutual agreement hereinafter contained, ASPEN and Ucensee covenant and agree as follows: 01. A revocable license is hereby granted to licensee 10 occupy, maintain and utilize the above described portion of public right-oJ-way for Ihe purposes described. 02. This license is granted for a specifIC use and within a speciflE!d term as checked above. subject to being terminated at any time and for any reason atlhe 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 dean condition. The Licensee shall obtain righto()f-way and Building Permit as required by the City for any work to be performed in the public . hto()f-way with des' n approvals for such work obtained from the E ineeri City 01 A8jlen - cnglneonng DopartmeI1~ 130 SOUlII Galena Street, AIlpen Colorodo 81611 ~971l-920-5000 REVlS(1):O</!O/2()(); 1111111111111111 111111 ~~:l~~;! ~ 1 : 461 JRNICE K vas CI=lUDILL PITKIN COUNTY CO R 16.00 D 0.00 Fen 28 06 04:37p Lance Luckett 970-963-0944 p.4 Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements lIRlhin public rigtlt--of..way. OS. Unless the property that is the subject of this license agreement is covered by 3 l1omeowner's insurance policy, Licensee shall at an 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 ~me to time, naming the City as "AdditiOlllJIInsuret/". 06. Licensee shall maintain said public liability insurance coverage in full fon:e and effect during the term of this License and shan fumish 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 undelStood and agreed that this insurance policy may not". canceled by the surety until thirty (30) days after receipt by the City, by registered mai~ of a wriI1en 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 fiability, claims. and demands, on account of injury, loss, or damage, induding without limitation claims arising from bodily injury, death, property loss or damages, or any other toss of any kind whatsoever, which arise oul 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 daimed to be caused in whole or part by 1I1e act, omission, error, professional error, mistake, negligence. or other fault Of licensee. Licensee agrees to investlgate, handle, respond to, and to prolJide defense for and defend against, any such liability, claim or demands at the sole expense of the licensee 01, at the option of the City of Aspen, licensee agrees to pay City of Aspen 01 reimburse City of Aspen for the defense costs incurred by the City of Aspen in connection with, any such liabiity, claims, or demands. The licensee also agrees to bear aU 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 tenninate 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 01 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 shaU 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 enc:toaching in public; right of way, and binding upon Licensee. The eOC!Oachrnent shall terminate when the improvement has failed or out of compliance with required standards of performance or if it is l'ellQked by the City, whichever comes sooner. 12. In any legal action to enforce the provisions Of thiS Agreement, !he prevailing party shaD 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 conlilue to rebu~d WI the public right-Of-way. The PUblic right-of-way is for the general public benefit, and ~ is not for occupation or constrUCtion of encroaChments. Cily or ASpon . ~ngineering Oepar1ment, 130 South GalOOll Street, Alpon Col~o 61611 1"1"911).920.5000 Rf.V1SW: /WItnOQI 111111111111111111 111111 1111111111 11111/1/ 111/1 11111111 ~;:l~~! ~ I . JANICE K vas CAUDILL PITKIN COUNTY CO R 16 00 .461 . 00.00 F~h 28 06 04:37p Lance Luckett p.5 970-963-0944 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 hislher 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. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. Q )IY) "- (Licensee) THE U.OW/NG SECTION MUST BE COMPLETED BY A NOTARY PUBUC: STAT OF COLORADO) County of Pitkin ) ss, T~regOing instru~ wa~acknowledged before me this /YJ 11:-. day of ~(y\..... , ~ ,by -;:]j(jmFi. ') R. /!!CIIJ~rVi/..5 cQa)6 WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: /02JJxlYJ f Oaf, ! a Ihx .IJ511.{, I /J.f'B'(. Co "" wL NOlaryPutlliC APPROVAL CONDITIONS (Listifany): Address !;;~!:c~~!;;~r.;;!:c!:!;;~!;;~!:!;;r;;C!;;C"'=:l;;;)~;;>:;;>;;);;;);;'>;>:;>;;;>;;;>::;>;;;>;;>;;;>;;;>:,;;>:>;>;:.>;;> (00 NOT WRITE BELOW THIS LINE, FOR crrv USE ONLY) By: ATTEST: \, 111111111111I1111111111 1111111 1111111I111111111 ~~l~~!; 1 : 461 JRNICE K vas CRUD ILL PITKIN COUNTY CO R 16.00 o 0.00 ~ DATE: ~/"t-h SNG-Paficy-2.()4.A City of Aspen. Engineerin!l Department. 130 SOUlh Galena Street, Aspen Colorado 81611 :"1' 970-920-50HO /~[Vlt,c.v..(Y.;I'fYl()(!4