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Home My WebLink About1984 Ordinance No. 038ORD INIIN::E 00 . Jg SER IES 01: 198_4 __ BY l\tJl'llOR!TY COUNCIL BILL 00. 36 IITTROOUCED BY COUNCIL MEMBER BRl\l:6111\W FOR /IN ORDINAN:E I\PPROVING /IN I\GRE EMEITT BE'IWE!::N THE RF.GIONA.L TRI\NSFORTI\HON DI STRICT /IND nlE CIT Y OF ENiJ..EJ,,JOOD RELI\TING TO II BU5 PI\SSENGE R SHELTER /IT EV/INS /IND ZllH. WHEREAS , the Regiona l Tra ns p::,rtation District de sires to construct a bus passenger she l ter on Evans at zuni in the City of Eng l ewOOd ; and WHERE/IS , the Regional Transportat ion Di s trict has sutmitted an a:ireanent entitled "Bus Passenge r S>el ter r.,reanent" to the City of ll'lglewOOd fo r such purpose; NCM , nlEREFORE , BE IT ORDI\JNED BY nlE CITY COUNCIL OF nlE CITY OF lliGLEJ,,J OOD , CXJLORl\00 , as foll ows: section 1. That the City Comcil of the Ci ty of EnglewOOd hereby approves the agreanent entitled 11 8.J s Passenger S1elter h:jreene,t ,11 consisting of four (4 ) typewntten pages and attached diagra:n marked Exhibit II , for the construction o f a bus passenger shelter on the southeast corner of Evans at Zuni, a copy of ""1ich 1-gree-nent is attached hereto and incorporated herein by reference . section 2 . The City Council hereby authorizes the fo\a yor anci the ex off ic io City Cle rk-Treasurer t o sign and attest said r.,ree-nent for and in beha lf of the C1 ty of Eng l ewOOd. Introduced, read in fu ll , and passed on first r eading on the 20th day o f 11\lgUSt , 19 84 . Pu b. 1shed as a Bill for an Ord inance on the 22nd day of August , 1984 . Read by t i tle and pass ed on fi nal r ead ing on the 4th day of 5ept011ber, 19 84. PUblished by title as Ordinance No. Jr/ , Series of 1984, on the 5th d ay of Sep tanber , 1984. l\ttest: e~,:{~u¼e·~ I 1 , Gary R. Higbee, ex officio City Clerk-Treasurer of the City o f Engle..ood, Color..,io, hereby certify that the above and foregoing is a true, accurate and ca11plete copy of the Ordinaoc:,c37sed on final readi:ig and published by title as Ordinance No , Series of 1984 . BUS PASSENGER SHELTER !. GREEM ENT DUPLICATE OltlGINAI I of ~ ---------- AGREEMENT made this ____ day of __________ ., 1984, by and between CITY OF ENGLEWOOD, 3400 South Elati St., Englewood, CO 80 110, hereinafter referred to as "Licensor," and the REGIONAL TRANSPOR- TATION DISTRICT, a polit ic al subd ivisi on of the S,ate of Colorado, 1600 Blake Street, De nver, Colorado 80 202, hereinafter referred to as "Licensee ." In conside ra tion of the mutual promises contained here in , and for other goo d and valuable consideration, the receipt and sulliciency of which are hereby acknowledged, the part ie s agree as follo ·s•s: SE CT ION I THE LIC ENSE Subjec t to all the terms and con ditions hereof, li~ensor hereby grants to licensee a license t o occupy and use the premises des cribed in the diagram attach ed here to marked Exhib it A and incorporated by reference here in. to wit: A rectangular-shaped par c el of land being 25' in length as measur ~d in the east-west direction, by 12'-5" in width as measured in the north-south direction, the northwest corner of said parcel be ing situated 156' east of the existing east extended curb Line of Zuni and 5'-5" south of the existing s.:>uth curb line ol Evans. SE CTI ON 2 TERM OF AG REEMENT Th e above described ?rernises may be occupied and us ed by Licensee for a bus passen ger shelter, and bus route information, and for incidental purposes related thereto dur ing the period beginnin g _____________ _ and continuing until th is Agreement is terminated as hereinafter provided. SECTION) TE RMINATIO N Either party may termmate this Agreement at any time by &iving written notice t o the other party specif yi ng th e dat e of termination, such not ice to be give n not less than six (6) months prior to t~e date specified therein. SECTIO N~ MAINTENANCE Licensee shall, at its ow n expense, keep a nd maintain :n good repair any im provements placed by it on t he premises, and at the expiration of this Agree- ment restore the premises to their origina l conditi on, ordinary wear an d tear excepted . SECT I ON 5 LIABILIT Y Li c ensee shall assume liab i lities and losse s for bodil y injury or t ang i ble propert y dam age caused solely by t he negligence of Licensee arising out of and in connection with the us e and occupancy of the demised premises by Licensee, its age nts , or employees. In t he event of any su ch claims made or suits filed, Licen sor shall give Licensee prompt written notice thereof, and Licensee shall have the right to defend or settle the same to the extent of its int e rest hereunder. Li censee shall not be liable for an y injury or dam ages t ha t may arise out of or in conr,ection with t he use and occupanc y of an y area under the control of Licensor. SECTION 6 NOTICE Any notices given pursu ant hereto by e it her party to the other pan y shall be in writ ing and ma ile d by cert ified mai l, re turn receipt re~uested, pos t age prepaid, ad dr e sse d as f~ll ows: -2 - I To Licensor: To l icensee: City ~f Englewood c/o ,'.ick Kahm 3~ J J South Ela ti Street l'nglewood, CO 80110 Regional Transporta'lion District 1600 Blake Street Denver , Colorado 80202 ATTENTION: legal :O ffice The a ddress to which any notice, demand, or othe r writing may be given or made or sent to a ny party as above provided may be changed by written notice given by such party as above pr ov ided. $:'.C TI ON 7 PROHIBITED INTE RESTS No offic er, member, or en •ployee o f t he licensee and no mem bers of its governing bod y, and no other pu blic official or employee of t he governing body of the lo ca lity or localities included with the Region al Transportation District during h is or her tenure or for one year thereafter, shall have a ny interest, direct or indire~t, in this Agreement or the proceeds thereof. SECTION 8 MISCELLANEOUS 1. Agreement Bindin 0 • This Agreement ~.,all inuce to t ne benefit of and !>e binding upon the heirs, su ccessors, and assigns of tfie parties hereto. 2. Laws to Apply . The la•·• of the State of Colorado a nd applicable Federal, State and local laws, rules, regulations , and guidelines shall govern this Agreement. 3. Amendment. Th is Agreem ent may 1101 be amended except in writing by mutual agreement of the parties , nor ma y rights be waived except by an instru- ment in writing s igned by the par t y charged with such waiver. -3- ~-Head ings. The head in gs of the sections of this Agreement are Inserted f or r e fcr.-nc e purposes only and a,e not restrictive as to content . I N \\'ITNESS WHEREOF, the parties have duly uecuted this Agreement . ef!ec tivr t he day and date firs t above written. ATTEST: APPROVED AS TO LEGA L FORM F OR THE CITY OF ENGLEWOOD C:ity Atto rney APPROVi:.D AS TO LEGAL FOR M FOR THE REGIONAL TRAN SPORTATION DISTRICT Legal Counsel LICENSOR CITY OF ENGLEWOOD By Eugene Otis, Ma yor LI CEN SE F. REGIONA L TRA NS PORTATION DISTRICT By ____________ _ Ge ner al Manager -4- I z Ll lJI I -------..:::::-~:..:___,,. ___ ,_ l.ehc\J D D e..><r..7G:>-'i::.::0-lt:.l, ..... [;J wc.J,J4•~,..J c:z....._. ~ \.luJ e;1 VJ,-t:F-fhO I i Ev t.. rectanou l a r-shaocd parcel of la nd beu1q 2S' i n l1>ngth as me,nured ,r t ne east -we \t d ,rec t 1o n , by 12'-5" 1n ..,;d ~" a s mea su red 1n trH' nc,rth -so utn d1 r ect10". t ne no r tn..iest cornM of s a 111 pare.e l b!1nc si tua ted 156' eaH o ' trie e,i!.t \ng ea st e,trnded cu r b . I ,ri p of Z;l'li a nd 5' -S" soutn o f t he ,.,sung sout C!.lr O li ne of [va ns .