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Home My WebLink Aboutencroachment.110 Waters ave. driveway trench 2000 Jun-15-00 03:IIPII From-D.."n Work,hop, Ine . +1 T-m P DZ F-Z99 , ~ \'oni' !~I ~~Jt REVOCABLE ENCROACHMENT LICENSE ~~l;,;~I:;~(;a;:C:~S;~g;~!::~~==~~~~:&~;.?~~~-g~~~~ COUNTY RECORDING DATA: RECEPTION NlJI1BER: BOOK NUMBER: PAGE NlJI18!R: I!'/STR/KTtO/liS: CCNPLEIF ThE FOLLOWING AS IT APPLiES TO YOUR REQUEST THIS LICENSE IS. fOR: {CiI4<K_1 o TEI'1I'ORARY St10RT.T!RI'1 OCCIJI'ATION Of PtJ8LlC Row FROM TO Jd' TEMPORARY, Pf;Rrl!TUA TED UNTIL REVOKED BY THe CITY o TEMPORARY fOR PRE-EXISTED CONDITION AND PERrl!TUATED UNTIL REVOKED BY T/I' CITY !:;;;~g;;~~~~~~~~~S;;~CC=-~~~~~;J~~~::OJ::>::>=O::>;?~~ 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 ~11tL- t-<>t-E:H..."" ,at 11\0 IN~'" frV~\Ji:>, 1r"~"""f\l(,(1 .I'nnIFoM"-"1 1I"nI_l4ll"'AM.wr.1 hereinafter referred to as "Licensee", WHEREAS, Licensee is the Owner of the following described propeI1ies located in the City of Aspen, Pitkin County, Colorado: Street Address: II' (7 w" r 1HZ..., /IV ~ II €. , ^-.. Pf!!:1'J Legal Address: ~'o,.. /f). G-1tt-c:>e...."",,"J:> ?\I~PI"I.,I[)N . WHEREAS, sai<l properties abllt the following described public right(s)-of-way: W"',...I>L... f<V..-W vE. WHEREAS, Licensee desires to encroach upon said riglltoCf-way fOr the following pUlposes and as shOwn IUld described in Exhibit "A ", attached to tbis License: P"'I"~VVI'r'( .' (.,I\'N l:>,,> t.-#I1>'IN,:., I Mf'rll..~)O. \ TE-e:Nc-H- t>.eJ't1N WHEREAS. Section 21.04.050 of City of A'l'en Municipal Code delegates the authority to tbe City Engineer to grant.encroachrnent licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachrnem as built subject to certain conditions, lliEREFORE, in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee coven.\Jlt l\Jld agree as follows: 01. A revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described ponion of public right~of-way lor the putpOses described. 02, This license is granted for a specific use and within a specified term as checked above, subject to being tell11inated at any time and for 11Ily reason at the sole discretion oflbe 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 pUlposes. 04. License" is responsible for the maintenance and repair of the public right-of-way, together with improvements consuucted therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same ill a safe and clean condition. The Licensee shall obtain rigllt-ol:way and Bui Iding Pennit as required by the City for any work to be pcrfonned in the public rightoCf-way 111111I1111I1111I11111111111 1111111111111I11111 11111111 444936 07/11/2000 10:~2A ENCROACH DAVIS SILVI 1 0' 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO Jun-I5-DO 03:12.. From-D"i,n Work,hop, Ine +1 T-m P 03 F-298 with design approvals tor such work obtained from the City Engineering Department Licensee agrees to join any improvement district tbnned for the purpose of constructing improvements in and to the public right-of-way. 05. Unless the propCI1y that is the subject ofthis license agreement is covered by a homeowners insurance policy, Licensee shall at all times during the 'enn hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-1 14, 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 mailllain said public liability insurance coverage in full force and effect during [he term of this license and shall furnish the City with a most current cettificate of such coverage evidencing its validity. AU insurance policies maintained pursuant to this agreement shall containlhe 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 insLtrance to the City before this agreement is filed. 07. Licensee agrees to indemnify and hold hllrn1less 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 ,uise OUt of or are in any manner connected with this license, if such injury, loss, or dll11lage 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, mist,\ke, negligence, Or oth.:r fault of licensee. Licensee agrees to investigate, handle, respond to, and 10 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 rhe 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 coun costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or tbudulent. 08. This license may be terminated by Licensee at any time and for any reason following delivety of a written n01ice of Licensee's intent to cancel. ASPEN may terminate lhis license at any time and for any reason. Upon termination, Licensee shall at Licensee's expense, remove any improvements or encroachments from said propeI1y. The property shall be restored to a condition satislactoty to ASPEN. 09. This license is subject to all state Jaws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, an~ 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 propeny interests in or affecting said public property as it deems necessary. 11. The conditions hereof imposed on the granted license of encroachment shall constitule covenants running with the land. and binding upon Licensee, their neirs, successors and aSSigns. 12. In any legal actiOll to enforce the provisions of this Agreement, the prevailing paI1y shall be entitled to its reasonable anorney's fees. U!~~B'!~~"~itl'I'1 ~IIII 111/111111111I 111/1 11111111 20' 4 R 20.00 D001:0S~A0ENCROACH DAVIS SILVI . .00 PITKIN COUNTY CO Jun-15-00 D3:IZPII From-D"i,n Work,hop, Ine +1 T-m PD4 F-299 13. If the structure for which this license was issued is removed for any reason, Licensee shall nOl continue to rebuild in the public right-of-way. The public rignt-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. 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. I S. The Licensee clearly understands thc following actions of Licensee or hislher agents and cmployees shall automatically terminate and cancel this agreement: II) Df!U:ulfll"",,,ilm Dfilts"....,..,e CD..,IIlle MChlllfge Df D_"hip .r u11el'lltiulf Df"." fro", rile DrigIIolllliJ1<<ljl& II." ilf _chd UMI c)RosrrltliDII uf IISPEN Dr lis DC"''' _II tDlllrIIClonf... ""'$!I II> lis pllblic ,...11 "ruiN rIt. ."crtHIChed IIrell If'" D.c"p;.d by II "..,fDIIsIy CI>lIStrucred br,ildhrg. Under thcse circumstances, the Licensee shall restorc the right-of-way under the encroachment to its original or better conditions immediately. IN WITNESS WHEREOF, the parties executed this agreement at ASPEN the day and year first W~a;;;l_ ~ (Licensee) THE FOLLOWING SECTION MUST BE COMPLETED BY'" NOTARY I' STATEOFJ:OI,.~O ) "",-\. ,t--.CO- )ss. County ot'Pitltin $",..-I.-.c,"-,-.,) 81tJ. P. ~ERS Commission 111212115 Notay Public - Colifania I San Mo1eo Counly I ~~~ ExpresMa4.2003 -~--- The foregoing instrument was acknowledged before me this 1"-11. dayof ,J,"",--€: ..~oo,by (,f.\\....""(.\e.~ (Licensee). WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: rlfA.~tA. 1-(. ~o3 2.:.<< f' ;?.......- DIIe ~~If'Y'lIblie :Do lJ {St <..,+7.....-- <;"'.<.. J.,e c~ qG,31 . ~. !;;;>;;>;:<;:;~~<;:;~=!;\;\o>;:=~~;;j;I~:l:l02::J~~==~~..2 (DO ~OT WI<lTE BEI.OW TillS LINE, FOR CITY USE ONL V) APPROVAL CONDITIONS (Lisflf Iny): '} DATW-b j~ I>:IK.."'" 111111111111111111111111111111111111111111111111111111I 444936 ~7/11/2000 10:S2A ENCROACH DAVIS SILVI 3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO 111111I111111111111111111111111111111111111111111111111 : ~ 444936 07/11/2000 10:52R ENCRORCH DRVIS SILVI <::z: 4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO ~ 0 ~ m ';:" U\.." _ >< J g;,t ~ -Z ~. ~ 01 C" ... ::+ ~ ~ <.0 :: ~~~ ~-<: )> ../ ~ .... .... .>, ~ 0- t> Lj '2:... L. ~;'T 1\1 ~ r L.. \) ~ ~l~ " 2[; ~o~ "':z:... ~\J1G'> II ..... -l <.0 ~ E ~ ---J ~-:> ~~6 r-o ~ -~ z:..:'V i1I~~ .~~ t~ v ~? :i>~ ~~~ 3 ~~ m z n :r. t:l "TJ ~ ~ Z -! o :2 / ~ 11\ / <:o.b / l1I\1~ ~ / ~/ ../ ../ <.0 01 (J1 A <.0 0/ /~ ../ - ( ( - ~ D z: C> :.~~1: -- - '- \ \ / \ - ' -"~ J:;> L 1\\ ) , --- /, " / t)\ o s;- f ~ o. - - - / 9,1