The URL can be used to link to this page

Home My WebLink Aboutencroachment.428 E. Hyman.2007 REVOCABLE ENCROACHMENT LICENSE .~ Recelved1.:J . 01-- Land Lease Fees: Square Feet-1l.lCl License Number: ~~-:::.>. 7- x $2.50/sq.ft. Monthly lease n '-- ~S;CC~~~~~~~;;;~S;;;~S;~S;~!;;S;~==;J:::>::);;?;;d:2;2d;2222;22;;2;22222::CQ INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPUES TO YOUR REQUEST THIS LICENSE IS FOR: (CHECKONEO"'-YJ o TEMPORARY; PERPETUATUAL UNTIL REVOKED BY THE CITY. o TEMPORARY; PRE.EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY, This Agreement made under this license and entered into this _day of ,20 07 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Silver Slam Commercial. LLC, a Colorado limited liability company, at Altn: Jeff T. Blau. cia Related Companies, 60 Columbus (Print Full Name) Circle. New York. New York 10023, (Print Legal Mailing Address) daytime phone number. 212-801-1030 ,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: 428 E. Hvman Avenue. Aspen. Colorado 81611 Legal Address: Lots P & O. Block 88, City and Townsite of Aspen WHEREAS, said properties abut the following described public right(s) -of-way: 428 E. Hyman Avenue. Aspen CO 81611 and/or Lots P & O. Block 88 WHEREAS, Licensee desires to encroach upon said right-ai-way lor the lollowing purposes and as shown and described in ExhibIt "A", attached to this License. Describe Exhibit "A": lor a portion 01 rool. second floor deck. fire eoress. cooler and small buildinQ encroachment at front wall and at rear on alley ::::::: ::~:: ::'::~:t~~ C~:~tf ~S~~v:::::~~~::::'::~:1:Uiiiit8A;;ng\::{lroaChment licenses, THEREFORE, the consideration of the mutual agreement hereinafter cO'- J;'EF A'W'nya '. ag a' allows: A revocable license is hereby granted to Licensee to occupy, maintain and utilize the above dese' ed ortion of pub IC Ig t-of-way for the pU'l'oses described. DATE ct' This license is granted for a specific use and within a specified term as checked a' ted at an time and for any reason at the sole discretion of the City Engineer of the City of Aspen. CV This license shall be subordinate to the right of ASPEN to use said area H ~, Licensee is responsible for the maintenance and repair of the public right-of-way, together wit Impro ments 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 Permits as required by tile City for any worl<. to be performed in the public right-of-way with design approvals for such work obtained from the Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements within public right.of-way. Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy I licensee shall at all times during the term hereof, carry pUblic liability insurance for the benefit of the City with limits 01 not less than those specified by Section 24-tO-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 IIAdditionallnsuroo", 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 thaI this Insurance polley 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 flied. Ucensee agrees to indemnity and hold harmless the City of Aspen. its officers, employees, insurers, and self-insurance, from and against aU liability, claims, and demands, on account of injury, loss, or damage, including without iimitation 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 oart bv the act. omission, error_ professional error, mistake, negligence, or other fault of licensee. Lie ~ '~ City of Aspen _ Enginaering Department. 130 South Galena Street, Aspen Colora RECEPTION#: 541644, 09/04/2007 at 11:13:10 AM, 1 OF 4, R $21.00 Doc Code ENCROACH Janice K. Vos Caudill, Pitkin County, CO )4 . .-----."-'lIlr-rrrr'1'""'.- . <nllmmrr'''p ,. ~ 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 aiso 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. 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. 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. 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. 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. In any iegal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. 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. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. The Licensee clearly understands the following actions of Licensee or hislher agents and employees shall automatically terminate and cancel this agreement: 1) Discontinuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) 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-ol-way under the encroachment to its original or better conditions immediately and in accordance with the latest Engineering Department standards lor improvements 01 Public right 01 way. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first written. Silver Slam Commercial, LLC A Coloradp limited liability company By its Manager: :~kon Holdings, L/CDelaware limited liability company Jeff T~ Manager THE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBUC: STATEOF 0~ ) County of to -\ ) The foregoing instrument was acknowledged before me this.Q}day of~ ~ ,2007, by Jeff T. Blau, as Manager of Yuko.n . ,~LC a Delaware limited liability company, as Manager of Silver Slam Commercial, LLC a Colorado limited .Ij.a~' . WF "-/ ~, .~ ) ss. NO OFFICIAL SEAL. P8&1l Buitron NOIlllY I'~l''''''' oll'1lm 'ylJrk #01BU8114488 _111 u.-r.. eu...y ~ My Commission Expires August 18, _ .~, Q~#JiI;~~ I Olaryp~~ Cily of Aspen _ Engineering Qepartment, 130 South Galena Slreet, Aspen Colorado 81611 8970-920-5080 REVISED:09I1312OO6 "--"mr"11T":-"T '~~n'1rn!!'T" '-','''1III-..rr1lM~''' rl ~ "'20' NOr:, ENCRO::HH~NT IN10 ROW DIST....NCES DEC~. 4.~ ROOF; 5.4 E"'SEHl:NT"'G/I.~EI'\i;NT/ ~eC'EPTIG" 110. JU?25 -,~~""".~~~,._-". ~" EXHI~IT, A ENCROACHMENT LICENSE PLAN VIEW \. \ AL"LEY BLOCK 8B < ROOF l ''''t 'tl "~-Iil COOLER, 2.9" ROOF. 2.4' . . . ~ : aUILDING P Q R S 2 STORY BRICK ~ BUILDING WITH <N BASEI1ENT 0 . o~ ~o . - ;; ~ POSTED M>!>Ri:'Ss ~ . oiza- " COURT EASel1EtH AGkEEt1ENT REt:EPTrOH NO. aaZ:lI ROOF. I ,/ ~ := , w lO.\) 1"1 75.09' I I "WI . ~1.09' 0 ~ ,oWNING, 1. SHEET I OF 2 PRHMED BY ASPEN SURVEY ENGiNEERS, 210 SOUTH GALENA STREET ^SPEN, COLORADO ~rol I rHONE/FAX 19701 9~5":S!IG INC. i i I I ~ ~ hI ,~ lit 'I:": , , : , ,'J 'J; 1; ,it! \1';1 11 fi{ ,oj ".j ., 11 1 {~ ,11 J1 ~' .~ ~ ..r~ ~I' ; j' "I n ~ -~" 'H .~'" f{' .' i? ;i , ~i: "f. '~ il 1'~ ~:h .. .~ i~r Ig,. I'~ ( ',,!- l, H !.i H '--'"'m~'l'lrr-'T.' -' BUILDINQ EXTENOEDS INTO ....LlEy 0.4" N 7S.Q,'II'W ~ 1,00 ~ .. IN 75.09 II-VI 3D.09') JO,i ~ ~ HYMAN AVENUE MALL '.llITIUntT'" I ",~ II ". DATE "00 JO' 250:l68 1'.IC\' I~ l~ NOTE: ENCROACHHENT HeIGHTS MovE GRADE ,i#tP' '- HYM~fdr~UE MALL CR....[)E J'" , I 1"1' .41 U~.Ii; EXHIBIT A ENCROACHMENT LICENSE EAST ELEVATION vlEW 20 6./- FIICI^ 27.0 Il,a ^\IIN'ING , , 2 STORY BR ICK BUILDING WITH BASEMENT ROOF COOLER SHEET 2 OF 2 DECI< :\0 ~'I' 27 5 2"1.0 15.7 " , ... ALLEY BLOCK 88 GRADE PREP"REC BY ASPEN SURVEY ENGINEERS, INC 210 SOUTH GilLEN... SiREET ASPEN, COlORkDO 81611 PI-tONE/FIIX (970) 925-3~lo OoliTE 9/00 JO' 250S!B il ~'l. 1H , ,. II: ~! '.'.1' :t r .t~ Ie; 11 n ~l "1 'I i jl .~.II.. lit 1~' ~ :~l 1'1" :~I ~; :it; .~, '[: \1 ;; t .. ~ ~, ~i I' .~: ~ !L 'I. I:'i ': I :l ~ 11 ~. , , r f : ~f a on "... -mr'1'Tr;"T" "Ilrl'rlinm" , l'tl' .1 n~"l