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Home My WebLink Aboutencroachment.500 West Hopkins.parking2007 REVOCABLE ENCROACHMENT LICENSE Received ?J'/Lf. /) -:::J- ! t:iw..--- Land Lease Fees: Square Feet License Number: dC:()-::J - EO,;;!?J x $2.50/sq.ft. Monthly lease ~fNSTRUC770NS: COM~ETE T:::O~:~::::C~~~:~:~~:~~~-: 111111111111111111111111111111111 ~;e5~2o~ 5 THIS LICENSE IS FOR. (CIIECKONEONL~ 03121/2007 03 :30 ~EMPORARY;PERPETUATUALUNTILREVOKEDBYTHECITY. JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 00.00 o TEMPORARY; PRE.EXlSTING CONDITION AND PERPETUA TUAL UNTIL REVOKED BY THE CITY. This Agreement made under this license and entered into this _day of , 20_, by and between the CITY OF AS EN, Pitkil).k: unt , Colorado, hereinafter referred to as "ASPE~nd /1 I.U. ,at ?~2..N~T,as,J54 w <;11&,// (Print Fu ame) / (Prin(Legal Mailing Address) . daytime phone number: :fo , 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: ("'00 CoIssr ~kr'1l(;/ /J~/'~_rJ,. t:.o. 1'/2/6// Legal Address: L,.;r;; Ie ffldS. 1Jkdz...-3.r, C/h J- ~~/1S/~ ,;;f k-1s~, /#.J.;, ~ I. / &~~J!'#Yl I I "--:} 1- ~ ~. J/ WHEREAS, said properties abut the following described ~ublic r!pht(sl .of-way: .?q T.D~<fo' /../0"../;";711. PhJ :</ ikLd'- 2s4r -oE-4/trt-' WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit '~", all ched to thi License. Describe Exhibit "A": ~ ~k.ry 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 10 certain conditions, HEREFORE, the consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as follows; 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. 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. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. 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 a'nd Building Permits as required by the City for any work to be performed in the public right-of-way with design approvals for such wOJj(Q/Jtaiil~q from the Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructillil improvements within public right-of-way. , ' Unless th\i pr~perty.thlll is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times during th~ terin .l.l1"~5arry pubjic liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-11lt,'g,~.S., (currdntIY$1~,OOO per person and $600,000 per occurrence) as may be amended from time to time, naming the City as "Addition~~(~~~:~..< " ;' Licensee sha~!!1'J.;;~id 'PUblic liability insurance coverage in full force and effect during the term of this License and shall furnish the City with a most curre~cate of such coverage evidencing its validity. All insurance~i'i a~' 'nftursuant to this agreement shall contain the fOllowing endorsement "It is hereby understood and agreed that this insu I e'Ei~ntil thirty (30) days after receipt by the City, by registered mail, of a written notice of s no" h I nsee shall show proof of this insurance to the City before this agreement is filed. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, e.insur s, and self-insurance, from an against all liability, claims, and demands, on account of injury, loss, or damage, including' . itar' cl ris~1/Qm bodily injury, death, property loss or damages, or any other loss of any kind whatsoever, which arise ou 0 htl.yci11nected with this license, if such injury, ioss, or damage is caused in whole or in part by, or is claimed to b~S . w 01 or p by t e ac , " professional error, mistake, negligence, or other fault of licensee. Licensee ag t in dl spond to, and to provide defense ,........r and defend against, any such liability, claim or demands at the sole expense o' th he City of Aspen, Iicen'see rees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City of n In ,such liability, claims, or demands, The licensee also agrees to bear all other costs and expenses related ther 0, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or frau ulent. City of Aspen - Engineering Department, 130 South Galena Street, Aspen Coiorado 81611 i!f970.920-5080 REVISED:09l1312006 4 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 saltlo'''' 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 legal 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 his/her agents and employees shall automatically terminate and cancel this agreement: 1) Discontinuation of insurance coverage 2) Change of ownership or alleration 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-of-way under the encroachment to its original or beller conditiori's immediately and in accor ance with the latest Engineering Department standards for improvements of Public right way. S WHEREOF, the part' ;1- (u see signature must be notarized) T~E FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBUC: STATE OF COLORADO) Coun~ of Pitkin ) ss. 1111111111111111111111 :;~;~~:;! ~3: 30F JANICE K VOS CI=lUDILL PITKIN COUNTY CO R 26 00 0 0 00 The fore~oi~9 instrument was acknowledged before me tnlS ., I3'*' Dayof ~ ,20 O(;r, by executed this agreement at ASPEN the day and year first wrillen. ~ '""" ....I ~~~~~~;;;;~~~~~~~~~;;;;~;;;;~;;;;~==222222222222;222222- (00 NOT WRITE BELOW THIS LINE, FOR CITY USE ONL V) (Licensee) . WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: () 4- '.30 APPROVAL CONDITIONS (List if any): DATE: 3, w, o~ -, BY: ","," City of Aspen _ Engineering Department, 130 South Galena Street, Aspen Colorado 81611 !!'f970-920-5080 REVISED:09J13aOO6 .-.......",..,. ,.~,' 6 111111111111111I1111 II :;~~~:;~;3: 30F JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 SCHMUESER GORDON MEYER CIlIESTE!:: eUTIE, co e: 224 ENGINEERS SURVEYORS """"', ,.'-,f-I"., : 18 W 15TH, SiJlTE 200 GL-ENWOOD SPRI"'GS, CO 6 160 I 970-945' I 004 F'X: 970-g45-594S 1'0,0 BOX 2! 5:5 ASPEi'oo. co 81612 970-925-5727 ""X: 970-9Z5-4 I 57 070-349-535:5 1'")( 97()-j49-5358 p 0 eox 3088 March 7, 2007 Northeasterly License Area A Parcel of land adjoining the northerly line of Lots R, and S, all in Block 31, situate entirely within the Block 3] Alley right-of-way as depicted on City of Aspen Map prepared by the city engineer a.E. Buchanan and dated December] 5. 1953 all in the City and Townsite of Aspen, Pitkin County, State of Colorado and more particularly described as follows: Beginning at a point on the Northerly Lot line of said Lot S, Block 3] with all bearings being relative to N75009'] 1 "W the line between found monuments for said northeast comer and the northwest comer of Lot K both found monuments being PK nails and a washer, whence the Northeast Comer of said Lot S bears S75009'] I "E a distance of22.63 feet; thence NI5001 '41"W a distance of 4.99 feet; thence S74058 '19"W a distance of 8.69 feet to a point on the Northerly Lot line of said Lot R, Block 31; thertce along the Northerly Lot line of said Lots R and S, Block 31 S75009' I I "E a distance of ]0.02 feet to the point of beginning. Said Parcel ofland contains 21. 70 sq.ft. more or less. APPRO\'ED DATE BY -- 3.2-0.09- --U,.L/ Q:\2006\308.002\norlheasterly license area. doc --- --- .....,r. '""'" .. '" ~ .,:;l ... U) '-- r--S 0... . N ...... ,~ ..-N ..... ,-0 Ll) ..- _ ON '" 0" ,_ L!):' ~ IS) ... 10 N '" ...... ~ .. ~ ~ )E .. ~~ ~~ ~~ Y>~ ~:g ~~ .'-,~,... lOa. 00 J ~ ~ ~ =< ........ APPRO\!ED :: II DATE 3. z.o, or I~ '^o"' "- C; BY "11-t- .. r-- ~ rr; ~ ~ ~ ~~ f:::!~ ~~ tl'j'i !;;; ,\j & '- ---I --- '~ ~--~ -. -- -. _" -- ".-~ Review & Approve Revocable Encroachment License '-." Accepted by: Date: Comments: Streets Dept. Approval: Date: Comments: Parks Dept. Approval: Date: Comments: ,.--- --.--. / (/ )f Parking Dept. Approval: '.. J--/ / Date: '3 -Ih -e:n ~ / / Comments: ;1u.-E'j WI bTlt Out /V.oT Br; !.Ef>S 7ilfl-fJ ]ZVOIT'r' rt:6T fCj ilCCO!'ll~'Df1T~ E/I!e-lZ6aJcr 4IcWrCIES ,-,~. Engineering Dept. Approval: Date: Comments: Fire Dept. Approval: Date: Comments: - 111111111111111I111111 :;~;~~:;!;3: 301 JANICE K VOS CAUDILL PITKIN COUNTY CO R 26.00 0 0.00 ;lEASE RETURN Tn r'TY ~lERK JU :s, GALENA ASPEN, CO 81611 -- ~ CITY OF ASPEN CONSTRUCTION STAGING AREA, PARKING AND EMERGENCY VEHICLE ACCESS MANAGEMENT PLAN THE em OF AsPE The City of Aspen requires submission of a job site pian describing the job iocation. construction staging area(s), number of construction related vehicles and plans to allow and ensure proper emergency vehicle access. The construction project may be issued vehicle parking permits and/or use of specific parking areas for the expected """"" duration of the project for a fee, These plans are required for ail construction and remodeling projects. """" PLEASE PRINT LEGIBLY Construction Site Address: Contractor: Provide on copy of a job site plan Showing foliowing information;, Phone Number: Phone Number: 1. Lo ation for all job site related vehicles, inclllding number and location of requested street parking spaces an or vehicle parking permits. \ " ' 2. Loca{ioIl for materials storage, construction eq 'pment and lor any other 'staging issues. 3. Emer~cy access route allowing emergency v hicle access to the structure(s) R UESTED (as indic ted on job site plan) #Of Street Parking Spaces #Of Vehicle permits'" , -- Other Parking Area( s) Begin Date: Completion Date: """'~' All construction staging and constru'c' n parking shall be ed to the areas defined in an approved plan for the job site. Workers shall be encourag to carpool. Emergency acc as described in the approved plan for the job site, shall at no time be blocked. ATTENTION Construction related vehicles are excluded from the signed 2-Hour Free Parking areas in Aspen's residential parking zones. Construction related vehicles I only be considered in compliance if parked in the leased construction parking spaces/area(s) or displaYI g a valid street permit. All other vehicles will be considered in violation. FOR OFFICE USE ONLY Paid 0 Vehicle permits x Rate x Days = Fee Exp. Date Street Spaces x Rate x Days = Fee Exp. Date Notes: ..-- Approved Date Please call (970) 920-5267 with questions regarding this form. G:\forms\Construction Staging, Parking & Emergency Access Plan.aoc