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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.