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HomeMy WebLinkAbout1977 Ordinance No. 013• • .. . • I NTRODUC ED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 13 , SERIES OF 1977 AN ORDINA NCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT FOR THE USE OF CITY ROADWAYS AND PARKING AREAS FOR THE P URPOSES OF PROVIDING BUS SERVICE AND VEHICLE PARKING TO RTD PATRONS. WHEREAS, the City of Englewood and the Regional Transportati on District are desirous of entering into an Agreement relating to the use of City roadways and parking a r eas fo r the purposes of providing bus service and vehicle parking t o RTD patrons. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1 . T hat the City of Englewood, Colorado, shall enter into an Ag reement with the Regional Transportation District, according to the provisions of that certain written instrument captioned "Agreement", which is attached hereto, consisting of three (3) typewritten pages, and one (1) attachment, and is i ncorporated by reference herein. Said instrument provides as follows: 1. The City of Englewood agrees to allow the RTD to use its roadways and parking areas, as described in the diagram attached to said Agreement for the purposes of providi ng bus service and vehicle parking to RT D patrons. 2. The premises shall be occupied RT D d uring the period beginning and continuing until said Agreement either party. and used by the July 8, 1977 is terminated by 3. The City of Englewood agrees to allow RTD to ope rate RTD vehicles on the described premises, subject to an inspection of the condition of the premises by the parties. -1- Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same. In~roduced, read in full and passed on first reading on the 16th day of May, 1977. Published as a Bill for an Ordinance on the 18th day of May, 1977. Read by title and passed on final reading on the 6th day of June, 1977. Published by title as Ordinance No. of 1977, on the 8th day of June, 1977. ATTEST : 13 , Series -~- I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of t)leordinance, passed on final reading and published by title as Ordinance No. 13 , Series of 1977. -2- A G R E E M E N T AG RE EMENT made this d ay of May, 1977, by ,_ and between THE CI TY OF ENGLEWOOD , COLORADO , a Municipal corporation , he r inafter r efe rred to as "Owner", and the REGIO AL TRA NSPORTATION DISTR ICT, a politic~! subdivision of the State of Colorado, hereinafter r e ferred t o · "RTD". I N CO SIDERAT ION of mutual promis e s contained herein, and for othe r good and valuable consideration, the receipt and sufficiency of which are hereb y acknowledged, the parties agree as follows: 1. Sub ject to all the terms and conditions hereof, the Owner hereby agrees to al low the RTD t o use the Own e r's roadways and parking areas, as described in the diagram attached hereto and in co r po rate d herein, solely for the purpose s of providing bus service and v e hi c l e parking to RTD patrons. The RTD agree s to promote these uses to RTD patron s as "Park-n-Ride" sites, thereby attracting potential pat ronag e to the Owner's premises. 2. The premises described her.ein shall be occupied and used by the RTD during the period beginning ~~~~~~~~~~~~~~~' a nd cont i nuing until this Agreemen t is terminated as hereinafter provided. Either party may terminate th is Agreement a t any time by giving written notice to the other , specifying t h e date of termination, such notice to be given not l es s t ha n nin e ty (90) days prior o he date therein specified . 3 . The Owner ag r ees to allow the RTD to ope rate RTD v l1ic l es on the described p remises . The parties shall inspect he premises and agree, in wri t ing , as to the condition -1- .~ • • of said p r e mis e s prior o the commenceme nt of the RTD's use t h ereof. The ITO shall not be liable for any damage to Owner's property, including pavement, curbs, and gutters, unless caused by the negligence and/or omission of the RTD's employees . The RTD shall in no event be liable for the acts of third parties nor for any incidental damage to Owner's property. 4. Directional and info rm atio nal signs shall be provided by the RTD and shall be posted at locations agreea ble to both parties. The RTD will notify bus patrons of any changes affecting RTD's use of the premises described herein which may occur, or of termination of the RTD's use of the premises. 5. Any notices or remittances 9iven pursuant hereto by either party to the other party shall be in writing by certified mail, postage prepaid, addressed as follows: To Owner: To RTD: Honorable James L. Taylor 3400 South Elati Street Englewood, Colorado 80110 Regional Transportation District 132 ~ So uth Colorado Doulevard Denver, Co lorado 80222 ATTN: Legal Counsel Office 6. No officer, member, or employee of the RTD, and no members of its govenring body, and no other public official or e mploye e of the governing body of the locality or localities included within the Regional Transportation District who exe rcises any functions or responsibilities in the review or approval of this Agreement, during his or her tenure, or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the p roceeds thereof. -2- IN WlTN CSS MIE REOF , the ?a rties have du ly e xecute d this Agreement, e ffective the day and date first above written. APPROVED AS TO LEGAL FORM: By RTD Legal Counse l ATTEST: By e x officio City Clerk- Treasurer REGIONAL TRANSPORTATION DISTRICT By Executive Director /Ge neral Manager CITY OF ENGLE WOOD, COLORADO , a Municipal corporation By Mayor -3- • • . _GlTL .PARKING LOl ADD ITION PARKING -· ---- S . ACO~l.A ST. , ' 8 1 ADDITION A L SPACES · • • • I -. P.L. ;( I • I I ........._......___......._. L ----- " : ·· S. BANNOCK ST. I.