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Home My WebLink Aboutencroachment.210 S. West End parking.2000 --=- REVOCABLE ENCROACHMENT LICENSE -== INSTRUCTIONS: COMPLETE THE FOLLOWING MS IT ~??LIES TO YOUR REQUEST THIS LICENSE IS FOR: (C~EC~ [~ TENPORARY SHORT TERN OCCUPATION OF PUBLIC ROW FROH TO ~'TENPORARY, PERPETUATED UNTIL REVOKED BY THE CITY ~] TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY Tiffs Agreement made under this license and entered into this ~/~' day of_?_.~_.~._, 200~ , by an( between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Chery'l h/y/y ,at 21~ hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: StreetAddress: ~'/o ~ b~l'¢g~' /~'-~o WHEREAS, said properties abut the following described public right(s)-of-way: WHE~AS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit ",4", attached to this License: WHER.EAS, Section 21,04.050 of City of Aspen Municipal Code delegates ~e authority to the CitTM Engineer to grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE. in consideration of the mutual agreement hereinafter contained, ASPEN and Licensee covenant and agree as follows: 01. 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. 02. 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. 03. This license shall be subordinate to the right o£ASPEN to nsc said area for anypublic purposes. 04. Licensee is responsible for the maintenance and repair of the public fight-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 and Building Permit as required by the City for any work to be performed in the public right-of-way agrees to join any improvement district formed for the purpose of constructing maprovemants in and to the public right-of-way. 05. Licensee shall at all times during the term hereof, c_arr~_ 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 time to time, naming the City as "~tdditional Insured". 06. 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 maimained pursuant to this agreement shall contain the following endorsement: 'Tt 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 insurance to the City before this agreement is filed. 07. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 08. This license may be term/nated by Licensee at any time and for any reason following delivery ora 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 fi'om said property. The property shall be restored to a condition satisfactory to ASPEN. )9. 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. 10. 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. 11. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. 12. In any legal action to enfome the provisions of this Agreement, the prevailing party shall 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 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. 14. The licensee waives any and all claims against the City of Aspen for loss or damage te the improvements cons~ucted within the encroachment are~ 15. The Licensee clearly understands the following actions of Licensee or his/her 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 ori~nal specific use in encroached area cJRestriction of .4SPEN or its agents and contractors froth access to its public land under the encroached area not occupied b~ 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. IN WITNESS WHEREOF, the parties executed this agreement at Aspon the day'and year first ~tTitt~n. STATE OF COLORADO ) ) ss. County of Pitldn ) The foregoing instrument was acknowledged before me this 2'A44~ dayof ,ql:e-d, l~'~"~,by ~,~t~/ /~, d?z:r,~e~ (Licensee). wrrNESS MY HAND AND OFFICIAL SEAL. ~ ;xT*"'" ." My commission expires: ~O O-~{W O~ ~/~,._~r~.~e~ / ~ : c-..-~. .~ CITY OF ASPEN, COLORADO I IIIIII IIIll IIIlll IIIIl IIIIll m [llll iii Illll Ill[ [Ill 445152 ~.5155/2050 ~$: 19P ENCROIICH DflVI$ $ILVI '2 ,f 8 R $~.~$ D ~.00 N 0.0~ PITK'IN COUNTY ~0 Exhibit "A" MATCH LINE -"- .SHEET~ oF 2~ ~ · Er~croachlng Parking Spaces -? .o~ Duration of Encroachmen.t. LiCense: . , ce ~ Revoc.ab!e at. any time, or until such time as ~ ~ me ' the e.xlsting Improvements are replaced or ~ ~ new ~mprovements are planned which are ~ of a value equal to .o.r. greater than 50% of _~ the .value of the ex;sting improvements at m .-~ thatt, me. ~ & 443~32 05/05/2000 03.2.~P ENCRORCH DRVTS $~LV! 4 of' 6 R 3e.eo D e.ee N e.ee PZTKI'N COUNTY CO mm MATCH LINE ' Exhibit "A" [ SHEET 2 OF2 I Encroaching Park[n-g Spaces --"~ = April 1 I, 2000 Pitkin County All Departments 130 South Galena Street Aspen, CO 81611 Re: Agency Authorization Dear Sir or Madam: This letter is to confirm that Gary L. Beach of Beach Environmental, LLC, 715 West Main Street, Suite 304, Aspen, Colorado 81611 (telephone 970 925-3475), is authorized to act as my agent and to represent my interests in matters, applications and permits relating to construction, utilities and infrastructure for 210 S. West End, Lot K Block 32 East Aspen Addition Lots L & M. The Cheryl R. Wyly Marital Trust Cheryl R. Wyly Trustee CRW/ra I IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII III IIIII IIII IIII 443'i32 ~5/8~/2~00 ~3: :XgP ENCROI:ICH Dl~VlS SXLYX $ of 6 R 30.80 D 0.00 N 8.09 PXTKI'N COUNTY CO 300 CRESCENT COURT, SUITE 1000 · DALLAS, TEXAS 75201-7852