HomeMy WebLinkAboutencroachment.910 Waters retaining structure.2000 ----- REVOCABLE ENCROACHMENT LICENSE ==
INS?RUCT/ONS: COMPLETE THE FOLLOWING AS IT APPLIES TO YOUR REQUEST
THIS LICENSE IS FOR: (CNECX
~ TEMPORARY SHORT TERM OCCUPATION OF PUBLIC ROW PROM TO
~ TEMPORARY, PERPETUATED UNTIL REVOKED BY THE CITY
J~ TEMPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY
This Agreement made under this license and entered into this 19th day of May , 2000 , by and
between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and
914 Waters, LLC , at 408 AABC, ~202~ Aspen, CO 81611
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: 914 Waters Avenue, Aspen CD 82611
LegalAddress: Lots M,N, and O, City and Townsite of Aspen
'W/-IEREAS, said properties abut the following described public right(s)-of-way:
Waters Avenue, Aspen
V~rlEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as
shown and described in Exhfbit '~ ", attached to th/s License:
Retaining Wall ,
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
:onditions,
FHEREFORE, 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 proposes 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 of ASPEN to use said area for any public purposes.
04. 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
and Building Permit as required by the City for any work to be performed in the public right-of-way
with design approvals for such work obtained flom the City Engineering Department. Licensee
agrees to join any improvement district formed for the purpose of constructing improvements in and
to the public right-of-way.
05. Licensee shall at 'all times during the term hereof, carry public liability insurance for the benefit of
the City with limits of not less tlSan those specified by Section 24-10-114, C.R.S., (currently
$150,000 per person and $600,000 per occurrence) as may be emended from time to time, naming
the City as "Additional Insured".
06. Licensee shall maintain said public liability insurance coverage in full force and effect during the
term ofth/s 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 that this msurance policy
rnay 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. Tkis license may be terminated 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 from said property. The property shall be restored to a condition
satisfactory to ASPEN.
09. 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 emended, and the ordinances of the City of Aspen now in effect or those
which may hereafter is adopted.
10. Nottfing 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.
114. The licensee waives any and all claims against the City of Aspen for loss or damage to the . improvements constructed within the encroachment area.
15. The Licensee clearly understands the following actions of Licensee or his/her agents and employees
shall automatically terminate and cancel this agreement:
a) 1)iscontinuation of insurance coverage
b) Chauge of o}~nership or alteration o fuse from the original specific use in encroached area
c)Restriction of ASPEN or its agents and contractors from access to itspublic land under the encroached area
not occupied by a t~re~iously constructed b~tilding.
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 ASPEN the day and year fir~
written.
'HE FOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC:
STATE OF COLORADO )
) SS.
County of Pitkin )
The_foregoing instrument was acknowledged before me this
OFFICIAL SEAL.
Address
(DO NOT WRITE BELOW ] HIS LINE, FOR CITY USE ONLY) .
APPROVAL CONDITIONS (List if any);
CITY OF ASPEN, COLORADO
NICK ADEH,~ E~gi~e~r !
CONDOMINIUM PLAT OF
914 WATERS CONDOMINIUMS
LOTS M, N AND 0 IN BLOCK 119, SITUATED IN THE CITY AND TOWNSITE OF ASPE
SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO