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Home My WebLink Aboutencroachment.1112 Water Ave.Snowmelt.2020Pitkin County Recording: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECEPTION#: 665402, R: $28.00, D: $0.00 DOC CODE: ENCROACH Pg 1 of 4, 06/25/2020 at 11:58:20 AM Janice K. Vos Caudill, Pitkin County, CO REVOCABLE ENCROACHMENT LICENSE Date Received: 05/26/2020 Permit Number. 0005-2020-ENPM VALIDATION PERIOD: REQUESTED START DATE: 05/26/2020 This Agreement made under this license and entered into this 26 day of May, 2020, by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and 12EN INVESTMENT TRUST, at, CHESTNUT HILL, MA 02467 ,daytime phone number: , 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: 1112 WATERS AVE, ASPEN,CO 81611 Legal Address: Subdivision: CALDERWOOD Lot: 9 WHEREAS, said properties about the following described public rights) -of -way: Waters 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. Describe Exhibit "A": Driveway encroachment (snowmelted) 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, the consideration of the mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees as follows: A 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. The Licensee shall obtain right-of-way and Building Permits 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 Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements within public right-of-way. 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. In the event that Licensee defaults in any of its duties as set forth herein, ASPEN shall have the right, upon written notification to the Licensee, to perform duties to ASPEN standards and to recover all costs for performing duties from the Licensee. Further, Licensee City of Aspen - Engineering Department,130 South Galena Street, Aspen Colorado 81611 ffP970-920-5080 REVISED. &?YW20 t of3 waives any claim for damages sustained by Licensee and Licensee shall hold the City of Aspen harmless for any claims, causes of action or damages asserted against the City of Aspen for the work performed by the City of Aspen pursuant to this paragraph. 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 $350,000 per person and $990,000 per occurrence) as may be amended from time to time, naming the City as "Additional Insured". 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: '7t is hereby understood and agreed that this Insurance policy may not be canceled by the surety until forty-five (45) days after recelpt by the City 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. 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, including but not limited to, 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 fault of licensee or the City. 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 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. In case there is an ownership change, this license will still be valid if its conditions are met. However, the City reserves the right to terminate the license at any time for any reason. This document shall be recorded and the obligations and responsibilities of the licensee shall be binding upon and inure to the benefit of its successors and assigns and run with the land. 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 legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attomey'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 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 City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 IMO-920-5080 REVISED: 62YW20 2 of 3 CONDITIONS of APPROVAL (if any): CONDITION RELATED LIST Type/ Conditions of Approval/Status/Date Resolved/ 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 VYHWEOI�ethe parties executed this agreement at ASPEN the day and year first written tt A 1 - (Lcensej§ignature must be notarized) THE FOLLOWING SECTION MUST BE COMPLETED BYA NOTARYPUBLIC- STATE OF COLORADO) TYLER LEE WOFFORD )Ss' NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20184031813 County of Pitkin MY COMMISSION EXPIRES AUG 8, 2022 The foregoing instrument was acknowledged before me this cj Day of �„ , 20_� , by (Licensee). iPrint Licensee Name) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: 8' f ;)' (Date) (Notary Pu I,c) `i ]�� ►�r1r.'. cal . .4ro ,� r r. �J I (Address) BY: (DO NOT WRITE BEI.OW TN1S LINF,, FOR CITY USE ONLY) DATE: 06/23/2020 City of Aspen - Engineering Department,130 South Galena Street, Aspen Colorado 81611 �P970-920-5080 REVISED: 612Y2020 3 or3 EXHIBIT A - ENCROACHMENT EASEMENT LOT 9, CALDERWOOD SUBDIVISION ACCORDING TO THE PLAT RECORDED DECEMBER 29, 1961 IN PLAT BOOK 2A AT PAGE 264 AS RECEPTION NO. 112674 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO DRIVEWAY ENCROACHMENT ONTO WATERS AVENUE STREET RIGHT-OF-WAY J �r BLEARS 954,W PK NALL SI-UNE � L.S. #25947 TBM ., 81r7969.6(Y I �� a f L �54� y` 3793 5' l60 � a S I a Ail. G C SALE. . o f� 1"=10' W W 7969.79' ... A=54°46'56" ChB=N20°15'14" E 1� Hog LLJ S�o3� K TO He. I746'% Rills, co 61630 F9ue (970) 623-1976 Fps 1M 579.7150 JRN JRN MAY 26, m7n 050-AS-BUILT W26rz0.•. %N- / L-) 5.70 R 0.00 d d CONCRETE DRIVEWAY v 4 797 l' . d Q 4. 7970�T1' a � • 797oss� v d 4 d 7970.36 1 41 d 7M.6 G 79, o-q, 70. sy LOT 9, CALDERWOOD SUB. 1112 WATER AVE, 1 4:1 ITEM INVESTMENT TRUST P.JWNO' CRY OF ASPEN. COLORADO 16050 EXHIBIT A ENCROACHMENT LOT 9, CALDERWOOD SUB. It 12 WATER AVENUE l OF I