HomeMy WebLinkAbout8274RESOLUTION NO. 8274
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO AND THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE JOINT USE OF HIGHWAY
RIGHT -OF -WAY FOR THE HISTORIC RIVERWALK OF PUEBLO
AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
SECTION 1
An agreement which facilitates the City's desire to use
Colorado Department of Transportation's property at the corner of
Santa Fe Drive and Elizabeth Street for the Historic Arkansas
Riverwalk Project of Pueblo, a copy of which is attached hereto and
on file at the office of the City Clerk, having been approved as to
form by the City Attorney and is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to
execute and deliver said Agreement on behalf of the City of Pueblo,
a Municipal Corporation, and the City Clerk shall affix the Seal of
the City thereto and attest same.
SECTION 3
This resolution shall become effective upon final passage.
INTRODUCED: NOVEMBER 24, 1997
BY: Samuel Corsentino
COUNCILPERSON
APPROVED:
PRESIDE OF ITY COUNCIL
ATTEST:
CITY CLERK
AGREEMENT FOR JOINT USE OF HIGHWAY RIGHT OF WAY
THIS AGREEMENT, made this2 of Nov. , 1997, by and between the STATE
OF COLORADO for the use and benefit of the DEPARTMENT OF TRANSPORTATION,
hereinafter referred to as the "State" or "CDOT ", and THE CITY OF PUEBLO, STATE
OF COLORADO whose address is 1 City Hall Place, Pueblo, CO 81003 hereinafter
referred to as "The City" or "Pueblo ",
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies, and
WHEREAS, the State is the Owner and in possession of certain real property described
as parcel 1 on Exhibit A, which is attached hereto and incorporated hereto and is
hereinafter referred to as the "State Property ", which is part of the right of way for State
Highway 50C ( "the Highway ") in the City of Pueblo, and
WHEREAS, Pueblo is the owner of real property which is being developed adjacent to
the State Property within the limits of the City, which is part of the Historic Arkansas
Riverwalk Project ( "HARP "); and
WHEREAS, subject to the concurrence of the Federal Highway Administration,
( "FHWA "), Pueblo wishes to jointly use the State Property, to permit Pueblo to construct
and maintain improvements, including construction of channel improvements, bank
stabilization and other activities upon the State Property; and
WHEREAS, Pueblo recognizes that CDOT and Federal Highway Administration
(FHWA) retain the superior right to use all of the State Property for state highway
purposes, and Pueblo agrees to relinquish the use of a portion or all of the State
Property within a reasonable time after receipt of written notice from CDOT specifying
such portion of the State Property, should the need arise; and
WHEREAS, pursuant to the conditions outlined herein, Pueblo desires to construct the
HARP facilities on the State Property; and
WHEREAS, the State and Pueblo desire to agree upon certain responsibilities of each
party with regard to the joint use of the State Property; and
WHEREAS, this contract is executed by the State under authority of Section 43 -1 -106
and 43 -2 -144, C.R.S. and by Pueblo under authority of Section 31 -15 -702, C.R.S. as
evidenced by a City resolution or ordinance, a copy of which is attached as Exhibit "B"
NOW, THEREFORE, it is hereby agreed:
1. Exhibits "A" and "B" are incorporated herein by this reference. To the extent there is
any conflict between this Agreement and the exhibits, the terms of this Agreement shall
prevail.
2. The State will permit Pueblo to use only the State Property described in Exhibit A.
Such use shall be limited to constructing, maintaining, operating and using the HARP
facilities, and other appurtenances, thereon. Construction of the improvements shall
not cause this license agreement to become an easement. Such use shall be subject
to the conditions of this Agreement.
3. Pueblo shall be solely responsible for the construction of the HARP facilities within
the State Property and shall pay all costs and expenses resulting therefrom. This
construction shall not interfere with the State's use of the adjoining state highway
property.
4. Construction and maintenance of the HARP facilities on the State Property will be
the sole legal and financial responsibility of Pueblo.
5. Pueblo shall be responsible for any and all damage to the entire highway right of
way, including but not limited to the roadway, structures and /or associated facilities
caused by the construction, operation, or maintenance of the HARP facilities within the
State Property. The construction and use of the HARP facilities shall not undermine the
roadway, structures or associated facilities, as defined in Section 43 -1 -209, C.R.S. Any
such damage will be corrected by Pueblo in accordance with the State's standards at
Pueblo's sole expense, within 10 days of receipt of written notice from the State. If
such damage cannot be corrected within 10 days, City shall immediately commence
such correction and diligently pursue it to completion.
6. As to the State, Pueblo shall be solely responsible and liable for any and all claims,
damages, liability and court awards including costs, expenses and attorney fees
incurred as a result of the construction and maintenance of the HARP facilities on the
State Property. Pueblo shall be similarly responsible and liable for any and all claims,
damages, liability and court awards including costs, expenses and attorney fees
incurred as a result of any claim in tort or equity occurring on the State Property. The
intent of this paragraph is to relieve State from any obligation or liability for Pueblo's
acts or omissions and not to impose on Pueblo any obligation or liability not otherwise
imposed by law.
7. Pueblo shall provide the State with design and construction plans for the proposed
HARP facilities for review by the State and FHWA prior to the start of any construction
or alteration within, or use of, the State Property. Pueblo shall be solely responsible for
the accuracy and completeness of the plans, notwithstanding their review by CDOT.
Pueblo shall not proceed with construction on the State Property, or with any use of the
license granted herein in any way, without prior written approval, of the plans from the
State and FHWA which approval will not be unreasonably delayed or withheld. The
purpose of this approval is solely to ensure compliance with appropriate state and
federal standards. Pueblo agrees that such approval shall not operate to transfer any
liability or responsibility thereby, for the HARP facilities, to the State or FHWA.
8. Pueblo's permitted use of the State Property shall, at all times, be subordinate to
and subject to any and all roadway operations, maintenance, future construction
activities, and highway purposes whatsoever.
9. Pueblo agrees to remove, at its sole expense and at no cost to CDOT, the HARP
facilities located within that portion of the State Property CDOT determines, in its sole
discretion reasonably exercised, that it needs to use for any State highway purpose
including, without limitation, to facilitate widening of the roadway and associated
facilities and /or the construction of an additional lane on the outside of the existing
roadway. Pueblo shall complete such removal within a reasonable time of receipt of
notice thereof from the State.
10. The State shall consider other alternatives proposed by Pueblo to accomplish the
above described State use(s) without Pueblo being required to remove the HARP
facilities if such alternatives are consistent with applicable standards, but the State has
no obligation either to consider or implement any such alternative. However, if the
State does implement any alternative(s) proposed by Pueblo all costs of such alternate
proposal(s) shall be borne solely by Pueblo.
11. Pueblo agrees to pay any and all costs associated with its use of the State
Property.
12. To the extent authorized by law, Pueblo shall indemnify, save and hold harmless
the State, its employees and agents, against any and all claims, damages, liability and
court awards including costs, expenses and attorney fees incurred as a result of any act
or omission by Pueblo, or its employees, agents, subcontractors, or assignees taken or
omitted pursuant to the terms of this Agreement with respect to State Property. Nothing
in this Agreement shall be construed as a waiver by the State or the City of the
provisions and protections of the Colorado Governmental Immunity Act, Section
24 -10 -101, et seq., C.R.S., as now enacted or hereafter amended.
13. Pueblo agrees that this proposed joint use is a license limited in scope, use, and
time. The license is granted solely as a courtesy to Pueblo and it vests absolutely no
interest or right of any nature in Pueblo to the State Property described in Exhibit'A'.
As a result, Pueblo agrees that the joint use agreement is revocable at no expense to
CDOT with respect to that portion of the State Property CDOT or the Commission, in
their sole discretion exercised reasonably, determines is required for any state highway
purpose.
14. Pueblo shall keep the State informed, in writing, of the current names, addresses
and phone numbers of its personnel who can be contacted by the State in case of
emergency. This information shall be provided to CDOT's Highway Maintenance
Superintendent:
15. Pueblo will ensure that construction and maintenance of the HARP facilities meet
CDOT's safety standards. For the period of construction and the duration of this
agreement, Pueblo shall provide or shall require its contractor(s) to provide the State
with evidence that the State has been named as an additional insured on the following
policies in the amounts specified:
a. General Comprehensive Liability $2,000,000.00 minimum
b. Automobile Liability $1,000,000.00 minimum
c. Workmen's Compensation Statutory Amounts
Pueblo shall also include in its construction contract(s) for the construction of the HARP
facilities in the State Property the following language verbatim to require its
contractor(s) to indemnify the State:
"The Contractor shall indemnify and save harmless the State, its officers
and employees, from suits, actions, or claims of any type or character
brought because of any and all injuries or damage received or sustained
by any person, persons, or property on account of the operations of the
Contractor; or failure to comply with the provisions of the Contract; or on
account of or in consequence of neglect of the Contractor in safeguarding
the work or through the use of unacceptable materials in constructing the
work; or because of any act or omission, neglect or misconduct of the
Contractor; or because of any claims or amounts recovered from any
infringements of patent, trademark, or copyright, unless the design, device,
material or process involved is specifically required by the Contract; or
from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order or decree."
Following completion of construction, Pueblo shall indemnify the State as provided in
paragraph 12, of this Agreement.
16. Subject to the above conditions, this Agreement may continue for ninety -nine (99)
years.
17. This contract shall inure to the benefit of and be binding upon the parties, their
successors and assigns.
18. Each party represents and warrants that it has taken all actions that are necessary
or required by internal procedures and bylaws and applicable law, to properly authorize
the undersigned signatory to lawfully execute this Agreement on behalf of such party
and to bind the party to its terms. Pueblo will furnish certified copy of Section 2 -4 of the
City Charter authorizing the President of City Council to execute this Agreement on
behalf of Pueblo and to bind Pueblo to its terms. This document shall be attached as
Exhibit C.
IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract
to be executed the day and year first above written.
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
ATTEST:
By
'b OU LAS W. BENNETT
Chief Clerk for Right of Way
lit r
By
4,, 4j,j
*VIES E. SIEBELS
=Chief Engineer for Engineering,
Design and Construction
CITY OF PUEBLO, COLORADO
A MUNICIPAL CORPORATION
ATTEST:
i
By: el , /Y� �
Title: Preside4 of Ci Council
EXHIBIT "A"
PROJECT NUMBER: NUMBER: T7300(1)
PARCEL NUMBER: 1
sq.ft.,
A tract or parcel of land, No. 1 of Grantee's Project No. T 7300(l) containing 30, 707 =, =x
more or less, in the SWk of Section 31, Township 20 South, Range 64 West, and the SEk of Sec-
tion 36, Township 20 South, Range 65 West, of the Sixth Principal Meridian, in Pueblo
County, Colorado, said tract or parcel being more particularly described as follows; all of
the following:
A part of Block 3 and a portion of a vacated alley, and a portion of vacated Levee
Street in Moore's Subdivision, according to the'recorded plat thereof, filed for record
June 19, 1912, also a part of the former Arkansas River Channel, and being a part of the E�
of the NFk of the SFk' of Sec. 36, T. 20 S., R. 65 W., of the 6th P.M., and being a part of
the W' of the NWk of the SW� of Sec. 31, T. 20 S., R. 64 W., of the 6th P.M., and lying im-
mediately South of and adjacent to the southwesterly line of the said portion of vacated
Levee Street, more particularly described as follows:
Beginning at the NE corner of Lot 19 in said Block 3;
1. Thence westerly along the south line of a tract conveyed to the City of
Pueblo in deed recorded in Book 1361 at Page 42, a distance of 186.91 feet;
2. Thence southerly, 90 27' to the left, a distance of 39.51 feet to a point
on the southwesterly line of the said Block 3;
3. Thence southerly, 0 27' to the right and parallel with the west line of
Santa Fe Avenue, a distance of 59.06 feet;
4. Thence southeasterly, 53 52' to the left and parallel to the said south-
westerly line of Block 3, a distance of 197.62 feet to a point on the
northerly right of way line of the D.& R.G.W.R.R.;
5. Thence easterly,53 21' to the left, along said northerly right of way line,
a distance of 27.88 feet to a point on the west line of Santa Fe Avenue;
6. Thence northerly, 72_ 20' to the left, along the said west line of Santa Fe
Avenue, a distance of 206.38 feet to the point of beginning.
F
The above described parcel contains 30,707 sq.ft., more or less.