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Home My WebLink About1976 Ordinance No. 028• • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 28 , SERIES OF 1976 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO BUS PASSENGER SHELTERS. WHEREAS, the City of Englewood and the Regional Transportation District are desirous of entering into an Agreement relating to bus passenger shetlers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, shall enter into an Agreement with the Regional Transportation District, according to the provisions of that certain written instru- ment captioned "Agreement", which is attached hereto, con- sisting of three (3) typewritten pages and is hereby incorp- orated by reference herein. Said instrument provides: 1. The City of Englewood shall grant to the Regional TranBportation District a license to occupy and use, subject to all of the terms of the Agreement, the following premises: (1) Girard and Clarkson, Northeast corner; see Exhibit "A" attached hereto (2) Broadway and Floyd, Northeast corner; see Exhibit "B" attached hereto (3) Broadway and Floyd, Southwest corner; see Exhibit "C" attached hereto 2. The above described premises may be occupied and used by Regional Transportation District solely for bus pas- senger shelters and for incidental purposes related thereto. 3. Either party may terminate said Agreement at any time by giving written notice to the other, specifying the date of termination, such notice to be given not less than ninety (90) days prior to the date therein specified • -1- .. I• • . . • • • 4. The Regional Transportation District shall, at its own expense, keep and maintain in good repair any improve- ments placed by it on the premises, and, at the expiration of said Agreement restore the premises to their original con- dition, ordinar'Y wear and tea~ excepted. 5. The Regional Transportation District shall indemnify and hold harmless the City of Engelwood against all liabilities and losses, including costs incurred ·in defedninq any claim or suit against the City in connection therewith, for death or injuries to persons, or for loss of, or damage to, property arising out of, and in connection with, the use and occupancy of the demised premises by the Regional Transportation District, its agents, employees, or invitees. In the event of any such claims made or suits filed, the City shall give the Regional · Transportation District ... prompt ...:wEitten notice thereof, and the Regional Transportation District shall have the right to defend .or settle the same to the extent of its interest hereunder. The Regional Transportation District shall not be liable for any injury or damages that may arise out of or in connection with the use and occupancy of any area under the control of the City~ 6. Any notices given pursuant to said Agreement, by either party to the other party, shall be done as set forth in s ~id Agreement. 7. No officer, member or employee of the Regional Transportation District, and no member of its governing body, and no other public official, or employee, of the governing body of the locality, or localities, included within the Regional Transportation District who exercises any functions or responsibilities in the review, or approval, of said Agree- ment, during his tenure or for one yeaz thereafter, shall have any interest, direct, or indirect, in said Agreement or the proceeds thereof. 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 Di rec.tor of Finance, ex officio City Clerk-Treasurer attest the same. -2- .. , •• • Introduced, read in full and passed on first reading on the 21st day of June, 1976. Published as a Bill for an Ordinance on the 23rd day of June, 1976. R~ad by title and passed on final reading on the 6th day of July, 1976. Published by title as Ordinance No. 1976, on the 7th day of July, 1976. ATTEST: 28 , Series of ------- I, Wi liam D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. 28 , Series of 1976. -.l- .. ... • "! ... .·. i. ... ,-. f .. . .:: . . . . . ' .. DUPLICATE ' ORIGINAL A G R E E M E N T .. ,\ . ... ~ AGRE EMENT made this 10th day of . _MJ ... un-e------' 1976, by and between _____ _..,1CMiwt~11-.11o~f.......,En-..a~l~e~w~o~o~d.__ _______ hereinafter referred to as "Licensor," and the REGIO NAL TRANSPORTATION DISTRICT, a political subdivision or the State or Colorado, hereinafter referred to as "Licensee." In consideration of th e mutua l promises contained herein, and for oth er good and valuable cons i d e r ation, the receipt and sufficiency of which arc hereby acknowledged, t he parties agree as follows: 1. Licensor hereby grants to Licensee a license to occupy and ·use, subject to a ll or the t erms hereof, the following premises: (1) Gi r a rd and Cl arkson , Northeast corner; See Exhibit "A" a tt ached hereto (2) Broadway and Floyd , Nor theast corner; See Exhibit "B" a t t ac hed hereto (3 ) Bro a dway a nd Floyd , Southwest corner; See Ex hibit ''C" attached hereto 2. The above described premises may be occupied and used by Licensee s olely tor bus passenger shelters and for incidental purposes related t hereto during the period beginning , and ------------------- c ontinuing until this Agreement is terminated as hereinafter provided. 3. Either party may terminate this Agreement at any time by giving written notice to the ~ther, specifying the date or termination, such notice to be g i ve n not less than ninety (90) days prior to the date therein s pecified. ~-Licensee shall, at its own expense, keep and maintain in good .. : . ···~ . .., .. . ... repair any improvements placed by it on the premises, and, at the expiration or this agreement restore the premises to their original condition, ordin- ary wear and tear excepted. 5. Licensee shall indemnify and hold harmless Licensor against all liabilities and losses, including costs incurred in defending any claim or suit against Licensor in connection therewith, for death or injuries to person3 or for loss of or damage to property arising out of and in connection with the use and occupancy or the demised premises by Licensee, its agents, ~mployees, or invitees. In the event of any such claims made or suits filed, Licensor shall give Licensee prompt written notice thereof, and Licensee shall have the right to defend or settle the same to the extent of its interest hereunder. Licensee shall not be liable for any injury or damages that may arise out of or in connection • with the use and occupancy or any area under the control of Licensor. • 6. Any notices given pursuant hereto by either party to the other party shall be in writing and mailed by certified mail, postage prepaid, addressed as rollows: To Licensor: To Licensee: City of Englewood 3400 So. Elati Street Englewood, Colorado 80110 Regional Transportation District 1325 South Colorado Boulevard Denver, Colorado 80222 ATTENTION: Legal Office The address to which any notice, demand or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided • -2- .. -· . ·-..:. •. • • . . .. ... '•, ~ ·, .. • •' ( . ~-.. • . . · 1. No officer, member, or employee or the Licensee and no members or its governing body, and no other public official or employee or the governing .body or the locality or localities included within the Regional Transportation District who exercises any functions or responsibiliti~s in the review or approval of this Agreement, during his tenure or.for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. IN WITNESS WHEREOF, the parties have duly executed this Agreement, erreotive the day and date first above written. CITY OF QGLEHOOD Licensor , . B Title ATTEST: REGIONAL TRANSPORTATION DISTRICT Licensee John D. Simpson Executive Director/General Manager APPROVED AS TO LEGAL FORM: By RTD Legal Counsel -3- .. • ~ ... ,. ,: .. ··-=.~··'4'"·,:a ·,;cc·""r1 .. :;:.·~!'t -cw·1 ... 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