HomeMy WebLinkAbout2009 Resolution No. 078•
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RESOLUTION NO . 1 r
SERIES OF 2009 --
A RESOLUl IO N GRANTING A RIGHT TO USE THE MUNICIPAL RIGHT-OF-WAY IN
SOUTH BR•_>: DWA Y MEDIAN ;
WHEREA'.'. lhe City of Englewood wishes to assist the continued economic health of the
development of CityCenter Englewood , its premiere redevelopment along Englewood Parkway;
and
WHEREAS, for a public purpose, it is neces sary that certain property of the City of
Englewood be utilized for the placement of infonnational structures;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
Section I The City hereby authorizes the grant , subject to the tenns of this Resolution, and all
incorporated agreements , the right of a licensee to use certain property in the median of the 3300
to 3400 Blocks of South Broadway.
Section 2. The Licensee may exercise the rights granted in this real property only subject to
the terms of the attached Agreement identified as Exhibit "A" with attachments and incorporated
herein . The agreement must be signed and executed by all appropriate officials before it shall be
effective .
~ The Licensee may place infonnational structures only in accordance with the
terms of attached Exhib it "A". There may not be any change or deviation from the shape, design
or any other element of the structures;_" any manner, with the exception of inserting oifferent
infonnation on the structures to change the information as necessary.
ADOPTED AND APPROVED thi s 19th day of October, 2009.
I, Loucrishia A. Ellis , City Clerk for ~ity of Englewood,
above is a true copy of Resolution No. :L!,_, Series of 2009 .
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EXHIBIT "A"
LICENSE FOR INFORMATIONAL STRUCTURE
FOR A IO YEAR PERJOD
THIS CONTRACT, made and entered into the _day of __ ~~~2009 , by and
between the City of Englewood, l000 Englewood Parkway, Englewood , Colorado 80100 and the
WITNESSETH
WHEREAS, pursuant to this agreement between the ________ and the
City, the City agrees to cooperate and assist in the development of CityCenter Englewood
development area ; and
WHEREAS, for a public pwpose, it is necessary that certain propert y of the City of
Englewood be utilized for the placetnent of informational structures;
NOW, THEREFORE , in consi deration of the promises and covenants and other good and
valuable consideration herein contained, the panics hereto mutually agree as follows:
SECTION I. LICENSE TO USE RJGHT-OF-WAY PROPERTY
The undersigned City hereby grants a license to ________ to use and
occupy the property which is located approximately in the median of the 3300 to 3400 Blocks of
South Bmadway Street adjacent to The Englewood Parkway within the boun~arics of the City of
Englewood, County of Arapahoe, State of Colorado, for the pwpose of constructing and
maintaininµ an informational sign. The description of this license area is found on Attachment I,
attached h,A'etO and incorporated herein. This informational sign shall be relocatable by the City
to a comp.rable location should th e median be relocated for any reason.
SECTION 2. CONSTRUCTION OF SIGN
The licensee sha ll erect one sign at each of the al>0ve described locations . The signs shall
be constructed by the licensee at its sole expense , which construction shall include any and all
restoration necessary in the median or other City property necessi tated by the construction o f said
sign. This construction sha ll be done to th e reasonab le satisfac tion of the City .
SECTION 3. SPECIFICATIONS FOR CONSTRUCT ION OF SIGN
The Licensee sha ll obtain and comply with the City 's standard Right-of-Way license
from the Depanment of Public Works . 1l1e sign sha ll be initially constructed in the manner, size,
ani of the materials described in Attachment 2 attached hereto and incorporated herein . The
Licensee shall place on this sign the informational matter in conformity with the diagrams
described in Attachment 2. The sign may contain the names of the tenants and the CityCenter
Englewood development. Any chauges in content, design, engineering, materi als (size , styl e,
co lor) or any spec ifications identifi ed on Attachment 2 of the sign may be made only upon
approval of the City of Englewood .
The Ci1y , 1hrough its Director of Public Works , shall have 1he right to inspe ct 1he sign for •
the purposes of safety or confonnance with thi s Agreement at any time up on notice to the
licen see. Should the sign be found to be an imminent danger to the publi c or not in compliance
with thi s Agreement, the Ci ty sha ll notify the licen see. The Cit y may correct any defect that may
be of imminent danger to the public and bill the lice usee or its assignees fo r the cost of correction.
SE CTION 4. MAINTENANCE RE 0 AIR AND REPLACEMENT
Licensee shall inspect the sign at a minimum of every six (6) months; maintai.n the sign in
good condition , including, but not li mited to , commencing all nr.cessary repairs to the sign within
thirt y (30) day s to keep the sign legible and of a plea sing appea1 ··nce; and shall replace the sign
should it be destroyed. All the operating costs , maintenance , repair or repl acement required
wider this agreement shall be at the sole expense of the licensee or its assigns .
Access to the propeny for any construction repair shall be only by prior arrangement with
and approval of the City's Director of Public Works so that any dislurbance or interference with
the City 's use of its streets and rights-of-way are mi.nimized.
SECTION 5. TERM OF AGREEMENT
The term of this Agreement shall commence on the date this document is accepted by
The City. Term may be renewable in the so le discretion of the City . City shall give 60 days
written notice of its decision to renew or tenninate this agreement.
SECTION 6. TERMINATION
If the Licensee or an assignee violates any covenant or condition of this Agreement, the
City may deliver a written notice, specifying the nature of the default and demanding that it be
cured. If the Licensee does not then commence to cure such a default and diligently pursue the
cure of the default within thirty (30) days after receipt of such notice , the City may terminate this
Agreement by giving thirty (30) days ' written notice thereof and may require the Licensee to
remove the subject sign.
If this Agreement is terminated pursuant to thi s Section and the Licensee fails to remove
the sign within thirty (30) days, the City may remove the sign and the Licensee sha ll reimburse
the City for all cos ts incurred in that removal.
The tenn of !his license shall be ten years.
Should th e City terminate this lease for any reason other than pursu ant to this Sec1ion, the City
shall reimburse the Licensee fo r the actual costs of the sign s on a Pro Rata basi s.
SECTION 7. RENT
In co nsideration of the foregoing and the mutual promises herein contained, the Licensee
ab'Tee s to pay the Ci ty Ten Doll ars ($10 .00).
SECTION 8. OWNERSHIP
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All struct ures, equipment , and material s placed upon th e property by Licensee shall •
always remain the property of, and ma y be removed by Licensee at the tem1ination of this license.
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SECTION 9. HOLD HARMLESS
The Licensee or its assignees agree to hold the Cit y harmles s from any and all damage ,
claims, demands , costs , or judgment to persons or property for whatever reason arising from the
construction , maintenance, repair, or change in removal of Licensee 's or its assignees' sign
located on the property and to provide a performance payment and maintenance bond, a
certificate of deposit , suitable cash collateral , or liability insurance in the amount of
$1,000,000.00 per occurrence for the benefit of the Cir/ to insure such indemnification.
The Licensee or its assignees agree to defend against any claims brought or actions filed
against the City of Englewood with respect to the subject of the indemnity contained herein,
whether such claims or actions are rightfully or wrongfully brought or filed. In case a claim
should be brought or an action filed with respect to the subject of the indemnity and adequate
assurance of the indemnity and financial ca pability therefore are not delivered, Licensee and its
assignees agree that: (i) the City of Englewood may employ attorneys of its own selection to
appear and defend the claim or action on behalfof the City of Englewood, at the expense of
indemnitor; (ii) the City of Englewood, at its option shall have the sole authority for the direction
of the defense and shall be the sole judge of the acceptability of any compromise or settlement of
any claims or actions •~•inst the City of Englewood.
The City of Englewood shall give written notice to the Licensee or its assignees of any
act or occurrence involving a liability or claim, demand, or item of cost , or, as the case may be ,
indemnified against herein, within sixty (60) days after occurrence of such act or occurrence shall
have come to City of Englewood 's knowledge. Actual knowledge within sixty (60) days by the
Licensee, assignees, and entities using the sign shall be a waiver of this notice requirement.
Licensee or its assignees agree to reimburse the City of Englewood for any necessary
expenses, ,,ttorneys' fees , or costs incurred in the enforceme . .t of any part of this Agreement
sixty (60) days after receiving written notice that indemnitee has incurred them.
Licensee or its assignees shall name the City of Englewood, as an additional ins red or as
a co-insured with insurance coverage of the City of Englewood in an amount not less th o 1 the
maximum amount provided in the Co lorado Government Indemnity Act for Home Rule Cities for
general liability, personal injury and property damage during the period the sign is in use .
SECTION 10 . ASSIGNMENT
With out written approval from the Englewood City Council , there shall be no assignment
or subletting of the Licensee 's rights and duties under this Agreement. Receipt by the City of an
assumption and assignment shall constitute a complete transfer of all the rights tmd duties of
Licensee to the assignee, and Licensee shall be relieved of any further obligations hereunder.
There shall be no partial assumption . Notice of assignment mcst be given to the City in writing
and acknow ledged by the City in writing . Any reference to the Licensee includes its assigns .
SECTION 11 . ENTIRE AGREEMENT : BINDING J;ff.:ECJ
It is expressly w,~erstood by the panics hereto that neit her is bound by any stipula ti ons,
representations or agreements not expressly contained herein and that thi s Aween,ent shall inure
to the benefit and be binding upon the personal rcpres<.'ltatives, heirs, successors , and assib•ns of
the panics hereto .
IN WITNESS WHEREOF , the panics hereto have set their hands and seals as of the day
and year first above wrincn.
CITY OF ENGLEWOOD
By ________ _
City Manager
ATTEST :
City Clerk
Licensee
Notary
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• A TI ACHMENT I
AREA LICENSE DESCRJPTION
ATTACHMENT 2 •
SIGN DIAGRAMS
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COUNCIL COMMUNICAl ON
Dale: Agenda Item: Subject:
October 19, 2009 11 C ii Resolution Granting a Right to Use Right-o f-Way in
Broadway Medians
Initiated By: Staff Source :
Co mmunity Development Department A lan White,
Community Development Director
COUNClt GOl,L AND PREVIOUS COUNCIL ACTION
Council has discussed the subject of Broa dway median signs on December 8, 2008; March 9,
2009; Jul y 20, 2009; and October 12, 2009. At this last Study Session , there was a consensus o f
Council to proceed with the proces s of contracting w ith a ve ndo r to provide th e two m edian signs
und er a license agreement wi th the City. Since thi s Council Stud y Sess io n and after further
discussion with the City Attorney's Office, it was determined that th e implementation of a license
agreement could be accomplished by resoluti on instead of an ordinance.
RECOMMENDED ACTION
Staff recommends adoption of th e reso luti o n granting a right to us e right-of-way to place signs in the
Broadway medians under a li ce nse agreemen t.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Staff hired a graphic design er with a specialty in street signage to as sist in analyz ing th e original
concept of placing a sign on EURA property at En glewood Parkway and Broad way. Because o f the
limited vi sibility of a sign at this location, both to sou thbo und and no rthbound mo torists, his
recommendation w ,s to p lace signs ei th er in th e medians or in the sidewalk areas o f Broad way.
The v isibility of signs on the sidewa lks was d e termined to be limited due to parked ca rs, tree s, utility
poles and o th er s'~n age . The preferred opti o n presen ted to Coun cil was to install two signs in
Broadway media 1s, one north of Engl ewood Parkway, and one so uth of En glewood Parkway.
Additio nal pole I gns ,·. coe suggested on side streets to assi1t in wayfi nding to speci fi c bu si nesses.
Th ose p ole sig ns are not rec ommendeci a, part of this program.
While explo ring meth o ds for impl ementing th is sign program, th e Col,><,,<lo D epar tm en t of
Tran sportation pro gram for installing informational signage alo ng Inter, w · highways provided a
model for providing th e median signs in Engl ewood. CDOT hires a co11 tractor to provide and
maintain th e Interstate signs .
Staff is propos ing a sim il ar arrangement for the Broadway signs. Under a lice nse ag reem ent, a
vendor w ill be res po nsibl e fo r proc uring, installin g, and maintaining the signs and all cos ts
associa ted with th ese resp o nsib il ities . Th e vendor w ill be all owed to en ter into ag ree m en ts with
busin esse s fo r them to disp lay th ei r nam e~ on the si gns and th e vendo r will be ab le to cha rge th e •
busin esses for thi s servi ce. All revenu e receive d by the ve nd or will be retain ed by th e ve nd or to
help defray th e costs of inst all ati on and maintenan ce .
Th e term of th e agreement is ten yea rs. Th e agre ement rnay be renewed or terminat ed at that time.
Reas ons fo r terminati on may be to end the prog ram or to so li cit other vendo rs. Th e agreement is
revocable shou ld the ve nd or fa il to perform un de r th e term s of the agreeme nt or if th e sig ns are
determined to be haza rd ous.
De sign of the signs will be as previousl y pr esented to Co un cil. Th e signs are required to compl y
wi th all City standards, specifica tio ns and requirements. The ven dor wi ll be requir ed to o bt ai n all
necessary permits for co nstru ctio n and installati on of the signs .
Staff intends to solicit ve ndors fo r thi s program through a requ es t fo r pro pos al process.
FINANCIAL IMPACT
Other th an staff tim e nee ded fo r admin is tering the ag ree ment, all costs and responsibi lit ies
associate d wi th installing an d maintai nin g the signs will be the responsibili ty of the ve nd or.
LIST OF ATTACHMENTS
Proposed Resolu ti on •
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