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HomeMy WebLinkAboutencroachment.101 W. Main 120 W. Hopkins Molly Gibson parking.2000 --REVOCABLE ENCROACHMENT LICENSE COUNTY ~ECOROING DATA: ~ECEPTION NUMBER: ~OOK NUMBER: PAGE NUMBER: INSTPUCT/ONS: C~MPLETE THE FOLLOW/NE ~S ii' ~PPLIES i'O YOUR REOUEST THIS LICENSE IS FOR: fC, VEC/r ~ TEPIPORARY SHORT TERM OCCUPATION OF PUBLIC ROW FROPI TO ~ TEMPORARY. PERPETUATED UNTIL REVOKED BY THE CiTY ~ TEHPORARY FOR PRE-EXISTED CONDITION AND PERPETUATED UNTIL REVOKED BY THE CITY This Agreement made under this license and entered into tiffs day of , 200 ~ by anc between the CITY OF ASPEN, Pitldn County, Colorado, hereinafter referred to as "ASPEN" and Aspen's Molly Gibson Lodge, LLC, at 101 W. Main St. & 120 W. Hopkins Ave. hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin Cotmty, Colorado: Street Address: 101 W. Main St. & 120 W. Hopkins Ave. Legal Address:. Molly Gibson Lodge Minor PUD WHEREAS, said properties abut the following described public right(s)-of-way: Alley of Block 59, Main St., Garmisch St., & Hopkins Ave. WHEREAS, Licensee desires to encroach upon said fight-of-way for the following purposes and as shown and described in Exhibit "~1 ", attached to this License: And Exhibit "B" attached to this license: Exhibit "A" showing planter & air conditioner on Main St.; Exhibit "B" showing transformer pad in alley, Block 59 WHEREAS. Section 21.04.050 of City of Aspen Municipal Code delegates the authority [o the City Eng/rteer 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 with~ 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 Aspera 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 maprovements constructed therein, which Ab'PEN. in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. The Licensee sbal! obt~ 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 fi:om the City Engineering Department. Licensee agrees to join any improvement dis~ct formed fovthe purpose'of constructing improvements in and to the public right-of-way. )5. Unless the property that is the subject of tkis license agreement ~s covered by a homeowners 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-I 14, C.R.S., (currently $150.000' per person and $600,000 per occurrence) as may be amended from time to tLme, naming the City as "Additional 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 maintained pursuant to this agreement shall contain the 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, ora 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 agrees to indemnify and held 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, if such injury, loss, or damage is caused in whole or in pan by, or is claimed to be caused in whole or part by the act, omissmn, error, professional error, mistake, negligence, or other fault of licensee. 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. 08. This 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 au any time and for any reason. Upon terminanon. Licensee shall at Licensee's expense, remove any from said The shall be restored to condition improvements or encroachments property. property a satisfactory to ASPEN. exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter is. adopted. I 0. Nothing herein shall be construed so as to prevent'Aspen from granung 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 ! rurm/ng with the land, and binding upon Licensee, their heirs, successors and assigns. 12. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be II 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 fight-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 ~mprovements 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) Discontinuation of insurance coverage b)Change of ownership or alteration of use from the original specific use in encroached area cjRestrictian 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 better conditions immediately, 1N WITNESS WHEREOF, the parties executed this agreement ar ASPEN the day and year firs! written. (Licensee) THE FOLLOWING SECTION MUSTBE COMPLETED BYA NOTARYPUBLIC: STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing instrument was acknowledged before, me, t!~s c>~~O dayof ~ ,'Pfa~,,by .~4~[~_l~icensee). WITNESS MY HAND AND OFFICIAL SEAL. (DO NOT WRITE BELOW THIS LINE. ~'OR CITY USE ONLY) APPROVAL CONDITIONS ,'List if any): o:o o ~ NICK~DEt~ City Engineer ' f KATHRY'z4 ~. KOCH. City Clerk MOLLY GIBSON LODGE ~ 101 WEST MAIN STREET ~ 1°= ~0" 0 ; c./~ Frl ~ o fO.O "-""" GARMISCH STREET EXHIBIT 'B' MOLLY OIB$ON LODOE 120 WEST HOPKINS AVENUE I IIIIII IIIII IIIIII IIIIII IIIII II IIIIIIII III IIIII IIII IIII 447294 09/22/2000 03:09P ENCRORCN D~VI$ $~LV! 5 o~ 5 R 25,00 D 8.00 N 0.00 PI'TK]'N COUNTY CO 1'=' ,?,0'