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IGA; RTD; 14th street/Walnut transit center improvements project; Exp 1/1/2015
INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF TRANSPORTATION IMPROVEMENTS ON 14th STREET BETWEEN CANYON AND WALNUT (14TH/WALNUT TRANSIT CENTER IMPROVEMENTS PROJECT) This INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF TRANSPORTATION IMPROVEMENTS ON 14TH STREET BETWEEN CANYON BOULEVARD AND WALNUT STREET (14T1/WALNUT TRANSIT CENTER IMPROVEMENTS PROJECT) (this "Agreement") is entered into this l day of 2013, by and between the CITY OF BOULDER (the "City"), a Colorado home rule municipality, and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado ("RTD"), collectively referred to herein as the "Parties." RECITALS WHEREAS, the City has been working with RTD to design and construct transportation improvements on 14a` Street between Canyon Boulevard and Walnut Street, and on Walnut Street, including sawtooth bus bays on 14`h Street and Walnut Street. The existing bus stops are located near the 14`h Street Transit Center and shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, RTD must maintain continuous service for its riders, and the City and RTD wish to coordinate such service with the construction and maintenance of the above-described improvements and their associated amenities (the "Transit Center Improvements" or the "Project"), as depicted on Exhibit B, attached hereto and incorporated herein by this reference; and WHEREAS, the City has obtained FASTER grant funding from the State of Colorado for the Project, and the Parties have agreed that for timing and efficiency, the design and construction of the Transit Center Improvements will be best accomplished by coordinating that work through the City's design consultants and contractors for the Proj ect; and WHEREAS, in consideration for the use of the Transit Center Improvements, RTD will participate in funding the design, construction and construction management costs of the Transit Center Improvements, and specific maintenance as set forth herein; NOW, THEREFORE, in consideration of the mutual covenants below, and other good and valuable consideration, the receipt of which is acknowledged, the Parties agree to the following terms: Page i of s TERMS AND CONDITIONS 1. The Recitals set forth above are incorporated herein and made a part of this Agreement. 2. The City has previously provided RTD permission to place the existing bus stops within the City's right of way areas and will continue to provide RTD the right to locate and use the Transit Center Improvements in the locations depicted on Exhibit B, at the City's discretion. 3. Exhibit B generally depicts the Project, RTD has reviewed the Project design and provided input on the work shown on Exhibit B. The Parties will continue to work together to create final plans and specifications for the Project including the Transit Center Improvements (the "Final Plans and Specifications"). For the purposes of this section, "Final" shall mean a level of detail that corresponds with 100% design completion. 4. The work associated with the Project (the "Work") shall be performed in accordance with the Final Plans and Specifications as approved in writing by RTD, and in compliance with all requirements set forth in the FASTER grant. RTD's review authority shall be limited, however, to that portion of the Work described on bid Schedule A of the Final Plans and Specifications, which bid Schedule A shall include the Work described in subsections 44 e, f, g, and h below. RTD may require any reasonable modifications necessary to ensure its construction requirements are met prior to advertising the Project for bids. The Work, a portion of which is funded by RTD, includes the following: a. Re-construction of 14th Street from Canyon Boulevard to Walnut Street with 11 inch concrete pavement; b. Adjustment, relocation and/or replacement of affected utilities; c. Removal of existing roadway pavement, sidewalks, and other related infrastructure and amenities ; d. Construction of four north-bound sawtooth bus bays on 14th Street, and three south-bound bus bays on 14th Street, and two east-bound bus bays on Walnut Street. The bus bays each include an approximately 61-foot long concrete paved bus bay, along with all lighting, irrigation and landscaping modifications, amenities (benches, shelters, bike racks, etc.) and site signage including striping; e. Construction of boarding areas for each bus stop that comply with the requirements, regulations and guidelines of the Americans with Disabilities Act ("ADA" f. Construction of pedestrian sidewalks that comply with the requirements, regulations and guidelines of the ADA. g. Construction of shelters, benches, and trash receptacles on both sides of 14`" Street and at the two stops on Walnut Street. Page 2 of 8 h. Installation of a pedestrian light pole monument with RTD gate sign at each sawtooth bus bay located on 14`x' Street and Walnut Street. Electricity will be run to each pedestrian light pole, tying into the existing electrical panel in the RTD electrical room located inside the transit center building. i. Installation of landscaping trees, tree grates, tree guards, and irrigation to water each tree on the east side of 14 Street in front of the RTD Transit Center. 5. The following Project tasks related to the Work shall be completed by the City: a. Obtaining all authorizations and approvals required for the Work, including any necessary property rights or authorizations from the Colorado Department of Transportation and any other entities with rights over the Project area; b. Providing design and construction management of the Work; c. Providing on-site construction management, quality assurance and quality control of the Work; d. Compliance with all terms, conditions, and requirements for the Work set forth in the FASTER grant; e. Providing for completion of the Work through its contractor(s). 6. The following tasks related to the Work shall be completed by RTD: a. RTD shall contribute a maximum of $50,000 (Fifty Thousand Dollars) to the design and construction of the Transit Center Improvements, payable as follows: RTD shall reimburse the City for the City's payments to the contractor for work pertaining to those items of the Work described in sub- sections 4. d, e, f, g and h of this Agreement (the "Relocated Transit Facilities") within 30 days of RTD's receipt from the City of a bill showing: (i) the cost of actual Work pertaining to the above-listed sub-sections performed by the contractor; and (ii) evidence that the bill has been paid by the City. RTD shall have the right to verify by observation that the billed Work has been performed. Neither RTD nor the City shall be entitled to bill the other for staff time or staff expenses related to the Project. RTD will pay only for contractor (construction) work in an amount not to exceed $50,000.00 and performed in accordance with subsections 4. d, e, f, g and h of this Agreement. b. Reimbursement obligations hereunder shall terminate upon the first to occur of (i) reimbursement by RTD to the City of $50,000.00 under the terms hereof, or (ii) reimbursement by RTD to the City of all amounts required hereunder upon the City's issuance of final payment to all contractors performing work pertaining to the Relocated Transit Facilities. Page 3Of8 7. It is the Parties' mutual goal to complete the Project before January 1, 2015. The design work is anticipated to be complete by January 2013. Construction work is scheduled for summer 2013. Temporary transit stop relocations are expected and will be coordinated with RTD a minimum of 48 hours in advance of any transit stop interruptions. The Parties will cooperate to minimize inconvenience to RTD patrons to the extent reasonably practicable. Before the existing bus stops are permanently closed, RTD will remove all shelters and associated amenities, unless these facilities are planned to be relocated and reused in the Project. 8. The construction contract shall be competitively bid such that the procurement process will comply with Federal Transit Administration standards for federally-funded contracts. The contract shall provide that the contractor perform the Work according to the Final Plans and Specifications related thereto. Project elements shall be itemized in all bids. RTD is entitled to review all bids related to the Work prior to acceptance and to delete items from the Work if RTD and the City mutually agree it is in its best interest of the Project to do so. RTD shall also be named an additional insured on all insurance policies required by the construction contract to the value and extent of the Work for casualty purposes, and without such limitation for liability purposes. The contractor shall be required to indemnify RTD to the same extent it indemnifies the City for all work under the construction contract. RTD shall have the right to proceed directly against the contractor. 9. RTD shall be notified of all regularly-scheduled, weekly construction meetings at least 24 hours in advance during Project construction and shall have the right to have a Project Representative or his or her designee at all such meetings. RTD shall have the right to have a Project Representative or his or her designee present at all times to ensure conformance of the Work to the Final Plans and Specifications. RTD shall not directly give instruction to the contractor, but shall coordinate all requests through the City. 10. The RTD Project Representatives shall have access to, and shall be provided with copies upon request of, all design and/or construction correspondence between the City, the contractor, AECOM, or any other person or entity related to the Work. This correspondence will include and will not be limited to the following: Construction Schedule, Daily Inspection Reports, Materials Testing Reports, Shop Drawings, Requests for Information, Field Clarifications, Change Notices/Orders, Operation & Maintenance Manuals, Permits, Certificates of Occupancy, Electronic As-built Drawings in an Adobe (.pdf) format. Items provided to RTD hereunder shall be in the same electronic format as may be provided to the City by its consultants and/or contractors. 11. RTD's Project Representative is Richard Rost, Manager, Facilities Engineering Division, Regional Transportation District, 1600 Blake Street, BLK 40, Denver, CO 80202, phone number 303-299-2995.The City's Project Representative is Brian Wiltshire, 1739 Broadway, 2"d floor, P.O. Box 791, Boulder, CO 80306, phone number 303-441-3266, or Stephany Westhusin, phone number 303-441-4274.12. All change orders affecting the Work or the Relocated Transit Facilities shall be reviewed and approved by the RTD Project Representative prior to approval of the change orders by the City. RTD shall provide its response to any request for a change order within 7 days of submittal or shall be deemed to have approved such request for a change. Page 4 of 8 13. The City shall maintain all improvements and amenities constructed under this Project at its own expense, including snow removal on streets (including sawtooth bus bays) and, trees, landscaping, lighting, except that RTD shall have the following maintenance responsibilities: a. Snow removal, graffiti, vandalism, cyclic replacement, trash removal, and other RTD standard maintenance at and within a 10-foot perimeter of the four New Standard RTD Shelters, as shown on Exhibit C, attached hereto and incorporated herein by reference; b. RTD shall pay or reimburse the City for electricity costs for the new pedestrian lights shown on Exhibit D, attached hereto and incorporated herein by reference; and c. Irrigation of the trees along the east side of 14th Street between Canyon and Walnut. 14. The City (and, to the extent set forth in paragraph 13(a)-(c) above, RTD) shall maintain and operate the improvements constructed under this Agreement at its own cost and expense during their useful life, in a manner satisfactory to the other Party. The Party performing maintenance will make proper provisions for such maintenance obligations each year. Such maintenance and obligations shall be conducted in accordance with all applicable statutes, ordinances and regulations. A Party determining that the other Party is failing to perform maintenance responsibilities required by this Agreement may mail a written notice to cure to the other Party's Project Representative. If the other Party fails to perform required maintenance within ten (10) days after the date of the notice, or if emergency or safety concerns require faster performance, the notifying Party may itself perform the other Party's maintenance and invoice the non-performing Party for the costs of such maintenance. The non-performing Party shall promptly reimburse the notifying Party for such costs. 15. Any notices or other communications required or permitted by this Agreement or by law to be served on, given to, or delivered to either Party by the other Party, shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the representative to whom it is addressed or in lieu of such personal services, upon receipt in the United States mail, first-class postage prepaid, addressed to the following: City of Boulder: City of Boulder 1739 Broadway (if hand delivered) P.O. Box 791 (if by U.S. Mail) Boulder, Colorado 80306 Attn: -Director of Transportation for Public Works AND City Attorney's Office 1777 Broadway P.O. Box 791 Boulder, CO 80306 Page 5 of 8 RTD: Regional Transportation District 1600 Blake Street Denver, Colorado 80202 Attn: Manager, Facilities Engineering Division AND Department of General Counsel Regional Transportation District 1600 Blake Street Denver, Colorado 80202 Attn: Marla Lien, General Counsel Either Party may change its address for the purpose of this paragraph by giving written notice of such change to the other Party in the manner provided in this paragraph. 16. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the Parties that any person other than Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 17. Neither the City nor RTD may assign this Agreement or parts hereof or its duties hereunder without the express written consent of the other Party. 18. This Agreement may be amended or modified only in writing signed by both Parties. 19. This Agreement constitutes the entire agreement between the Parties relating to the Project, including the reimbursement to the City for the Relocated Transit Facilities. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect; provided, however, as follows: a. The Purchase Agreement between RTD and the City of Boulder Central Area General Improvement District, a copy of which is attached hereto as part of Exhibit E, remains in effect; and, b. The maintenance provisions in the Landscape Cost-Sharing Agreement between RTD and the City of Boulder Central Area General Improvement District, a copy of which is attached hereto as the remaining part of Exhibit E, remains in effect to the extent not inconsistent with this Agreement. 20. The drawing attached hereto as Exhibit F depicts the improvements for landscaping and hardscape to be provided pursuant to this Agreement. Page 6 of 8 21. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, with venue in Boulder County for any litigation related to this Agreement. 22. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provisions of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 23. Nothing herein shall be construed as a waiver of the rights and privileges of the City or RTD under the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S. 24. No officer, member, or employee of RTD, and no members of its governing body, during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 25. The City and RTD agree that in connection with the performance of this Agreement, they will each maintain an environment free from discrimination. To that end, each shall comply with any applicable federal, state and/or local law or regulation regarding non-discrimination, affirmative action, and/or disadvantaged business enterprises. 26. The obligations of the parties under this Agreement shall extend only to monies appropriate for the purpose of this agreement (a) by the Boulder City Council, paid into the City's treasury, and encumbered for the purposes of this Agreement, or (b) by RTD's Board of Directors and paid into RTD's treasury for the purposes of this Agreement. The parties acknowledge that (i) they do not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and (ii) this Agreement is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed and delivered by their respective officers thereunto duly authorized, effective as of the date first above written. CONTINUED ON NEXT PAGE Page 7 of 8 CITY OF BOULDER: BY ~5 .1 Jane S. Brautigam, City Manager ATTEST: C. 'b ty Clerk on behalf of the Department of Finance and Record APPROVED AS TO FORM: City Attorney RTD: REGIONAL TRANSPORTATION DISTRICT r t--,.__ General Ma ger APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORATION DISTRICT: General Counsel Page 8 of 8 I 1 gos ROUXes fl4ihl WaOut} - - Typ& u 15111 ST_ 2n rr r um teat 1a9 •1r 1 a ,IS, LOPJI --j r I' F t~ SHELL GAS L-1 l WEST W5 BANK l STATION uw H.S. POST 1 PEAK \ l ow ear:a+ I. tc ss+ne aw[ ! li NDO oo..r,mwNas ~,ns ,.no. Lac.[ SERVICE Ae n„ne aF- : _ wol ~i J ~ ~ I DD PaeM-C l nGi''N+,I _r i _ I I.l - G1 Mr HIiIWY Bus volumes cur,Mm FuNr9/F.sr.acks- ~ 1. ~ "i.+~1~.~r---.L,- -=~_y~ Boa!dg Lor 6'on BNUa_ Ger HOUr 8uuai CarNour fJ_ • • I 1.rsma, 0.e-r 24 u, i II ~ _ WORLD SCHAUB STORY t i R7o n I SAVINGS oeaws, w a. l 92 & us CapaOrty [ T _ ~ 1 - - _ _ ~ - - ~ - a Boarrlhr98 Lpyove! ! FufuealFas7kae*s ~ yt, 1 Rtco,: Lct.HO_ C-ca-C. Re ukedS..Ca rr 14th ST. L ~ d•4enn Ba.eding 0 COLORADO BLDG. 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M .1 9owaa, Nom me cv. ~JWT r. i racer w eR} Ai1e'a P~ai AMI- 1 susc-:s arovrco oM e..ar s.oed arrw sner._Y v,r~*oa :r •[inr ~<r .rrr I-- _ aa•sa*a,wa KC~ra ywf. awll.er•. med3•o...a...~..vr. - - tie bawxdwdp`lmea Nftl[ax98Nrsd .ill i.0aa~ih P.a,•.sr9 ^7 I _ aU.ca oc•.s:,NC rwo.e ua: cox [a n ancu7 loaam.bwm,R.w=aowcumowq t u ncm 9'r.r~Mr wND was urir arsr~~ IBt H.wldrar FasT,?ck,a L.1 optlmbodon (ELol Boulder Transit Center EXHIBIT A F:cilKy S" 14th St. and Walnut St. ~ 9 , r 1. ~ .'K ~Y rt L 3. C_OV 1 11.41 iA ~ - 1 y x _ 4 ) au- r FLDFYJNt Eli Vh 1YA.15 D,] I:Gl InCU;p: 007C41L t it-y! n J?v i_ u -N -O* DLPRESSCN AT INLET 1nR0A 1. SE INLET DEi LS - I:•:333 St: FOR AOOInONAI INFORMATION. I hDA1S7 VAL'!c BGX, [Rw n1,aR ~R ' :2•34 - >,•j= - n ALIVST PULL BOX ADJUST VALVE BOX a I.•): r1 T li:`,: IT j I EACH) _I ADJUST MANHOLC iF 1aa a u 4 Wh1AJ( S'RLLI a is .0,10. : X 11 sm lL K AOJJST VALVE BOX AOJJST V;,L',E ROr (TELEPHONE) b-0 Cure0 EIF :C ::•+i 91 R' lLSS: ve (2 EACH) (9 FACH) I PAMENT CONSiRUCnCN 4A1LH EXISTING g ]S ,t.+.1',C 1L C p1:3!C K 1- _ - - ADJUST VA VF FOX n•': 5L tin 11 'a:11L Y7 A - - - -nG.US7 Pull 60x I aOAIST a'NAS COR 3 13.11 yd +`}31 R• yL'l:: Z / SaAi,Ly3•~Ltul-.5?'~E'_. s.ii's= 2irrR 1:I:2a: 3 :Y•4: SST,' e15..`. h - , $1F ]5.,8S6 NUtlIl ISn;r 92 . :t :s•ca!, vn :vl%; 7 Iii .'-~j, N 1249265 17 14TH STREET F S^ 245l 67 10100 + U _ IT 00 ry 12+00 52j x.13+00 ^ t IRTi< SERF ,Et 14+QO 15+00 15+24 41A_ II I,Q D7_ YY 7I11 WM I - 1--• 1 u% CUA?t't IF r AL).UST MANHOLE ADJUST VALVC AD, /•71FST YANWI.T AC.I.S! YA.4HL3E M S f FYEY_N7 Cwl-,kr,lm ? waiE) vAWT,14 cEWER~~ SEE CA$'JAL'A •11IE (,~LFVHQVF) {IELE (On STF 2 1 YAIV,'I S!-N- 3EA0. I '>•••55~ "s ADJUST WANInf - I ±1 C .:vc {S!ONY 5EN N) I '1111 51>;: . ,',g S'A ID.i0.00 %4)JJS' YAVHO:E O (~.y w I. 12,aSJa NA (SAN'APY SEWER) E 1 N E M6i55750 I - 4EI LST WATER NLn 1 -1.1 W AGWAY CCTAK SHEETS FOR CURB AND OUITER. CURB W P AµP AND Ol!QR AODI!IDNAI INFORNATICN. I l p ~ gD,4Si ,vJ.U_7 uA~vIULE - O THE EXISTING GAS VN N: A: 51A 12+08 L l REOLVRES REPAIR PUI L BOX (SAN!IARY _L fF. R' ADJUST PULL BOX 1!Y XC I FHERCY, SHE CONTRACTOR SHALL COOROWA7 WTH I wv~' T3•n XCIL IC ALLOW X(EL TO REPAIR THE VAU4 PRIOR TD 5!REET 1'AVNG XCEL HTOUIRE.S ! WEEKS WWMUM NOEK, PIGOR TO R rEPAIR 0.LPn1R WORN WLL ihKC APPROlONA1ELY ONE GAY w I IOWNC RE.VAIH BY XCEL, TEE CONTRACTOR, SHAII ADJUST THE , ':'h: `.4 BOX TO FINN GRADE A !0 say, :1 A A + {S , 1 ,V R ~ w9! N 1 q I (n (NAYS H I : • 1F MI [ I (Z R T oN iR.R%$ Ri ~}~~z~.~ L C d R; Z;ij S .:FU 5_i6C ol~`lR ,~o., 4 •i` •J ! 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':1!3.02 I•_ T 'T 7- RH IN cONL)iEIE PGL o & iET 712412012 5~A.S PAVEMENT CCNSiRLjuW 1L1 p ^ 5335 YAT.21:LAS:WG 14711 SINE[T _ NSTRUC'n IWO i0~00 - - 72.UG 13+00 a•pO 15+07 1 1 ~ 14TH STREET TRANSR IMPROVEIAENTS - CANYON TO WALNUT CITY OF BOU' DER1 ~ ~ OT ~ 1~0 ~~/W COLORADO c .aa ZMTW •'N vtM ROADWAY PIAN AND PROFILE T 3 O BOIOTI 4 LHN ~ 147H STREET HINT STATION OfFS0 CItL' DESCRt ~ 1 33+08 93 422 49 a9' PT Poll BEGIN CURB AND GUTTER 2 32+98.79 16.5_' PY 5362_25 1 33+00.Z9 19'P7 5342.30 PCP tMt'w VlY bllplt 4 33+o3.3ti 13.:9'_PT53_62.29_ PCP CiltAAae~ootp 5 33.13.35 23.411'X1 5362.46 PCR,EN_DCURB f- 6 33+13.7433.43 Hr ;34255 CURB CORNER 7 B3,39 62 23.37'l 5342.06 nCR, 5EGU4 C'JAY 8 33M9.53 Ta.73-R' 1141.52 KR 9 33+5&30 16.l111 5341.56 vCC i 1D 33+49.26 3336'PT .1i SIDEWALK m.a p'txrSrWG ti3gS1 N%fC GRAZE 141" 11RI . i STA 11.4835 WAl7rUi S;l N 1I4976317 y F 1!'5245:62 Al- 'Ull BOX 8 'Y LIan ADJ51 •.ALSt BCA ADJ;ST IKE 7E=TE CONCRETE 8US PAD PER RTD STANDARD DRAWING SD-0123. 11' CONCRETE PAVEMENT. "ON VARIES PCo SIA .41•$1 It Yi 4r 1 f a u 5 T4 TA ~ r~ wuk! 5E 7 67 WALNUT STREET ]6+00 ~ St"Y" 41 a4 1 72+ 0~~ ~ 33+008 GR.KiI'E rc _ I pµpgNi 34+p4 3,4i16 -Al IREEL - Al Vk S; t5 'dip. R Floe SIP. .!0'17000 DDA Rg(~ 1 P g D N 12491 05 i0G2YN 22 _ - - r z n I w ?Aa STA '531 PCR STA 30+; DSO, :O Ov Pr N 1 I a U QC N 12443339' EL El 5344 32 S Z E 306271020 BEC14 .l1 P.N .L ia;llrH I'l'Ll:.xrl LIMT OF SIDEWALK d < l! ti OF SIDEWALK LAT'yI ,O,PN; REPCACE4CN7 C ALJL'ST WATER 1 ` CC REPIACFYENi, MATn' CKLilvl'; u.=TER Z W MATCH ET7571NG PCR STA 33+66,94, 78 75' k' :L El 53,11 49 PCR 31 00+71:4. q0T RI ?CR STA 32.4096. L,J Q E"D %Z8 k (SpECA.' 2.51 FIT FL El 5344%lg _ E. 534282 j Of 8 CONCRETE -7:, 1 C:TAK7E! IE BUS PAD PER RITZ Iii STA 3Z+53 34 CD U RASED CROSSWALK ANDARD DRAWING Si _ I" (.CV, E'E PAWWENT. E 14TH STREET 0I II I.; R E. 5342 fit 33+0614, ZB w' RT 1 STA 32+7478, 2550' PIT S I CU RB RAW E CURB RAMP DENVER RAMP NVER TYPE I DENVER TYPE 3 WDTN•t0' Will LEN•CTI ''.I')TES_ PCR STA 32+7611, 34.64 RT SEE ROADWAY DCTA)t SPE1IS FN CURS AND CJ7;ER. CURB FL EL 574238 lWP AND Ol A00111DNA1 iNEDRMAIlbN, STA 32+7624, 42.22' RT T'L EL 5342 49 END CURB k CUTTER (SPECIAL) } MATCH Exisi STATUS SET 712412012 NOT FOR CONSTRUCTIO? EXHIRIT -R +T• Y AEI 74TH STREET TRANSIT IMPROVEMENTS - CANYON TU WALNUT CfTY OF BOULDER, 0 VRI LL COLORADO LHN E~;J' e. r..tv..R ROADWAY PLAN I WALNUT Sill E7 t I I t?~T~1Gfi0.r-~ I _',:ISirvG F.Dr I I ta' MtCY lp11 .rr 1 X) YAGT© ALI CSIIT 1 I -1 I I I I I I I I I I I I I I I 4 P ~ n;liNC R,O.w- - r:CR AprA- - I I t _gR; IEF _ - - B{R,pc hRE+.S + 10.00 11.00 12.00 13+00 14+00 L75+00 15.24 - - --1 - I' - - ~r - - t- -I - -~-i 14TH ST~f w W rl N D Z eASI;N: A.6 n. I I Q I I- + ,"It S14 SE Wk fSai I 1 RTQ TRANSIT I CENTER I I Imo--, I T I _ s-vr PCw I { 1 l+ 1 E.rJsueG fto.w. y ~ I 8 I LEGEND L1u15 or Rro wow ~ - - - - ~ I - ~ RID vwpvtan~ ld-'Id---ld-ld 1d Id-ld-Id 'Id--ld-ld-ld-ld l I I avw.c suer I m, I r CITY OF BOULDER, 0 - - 1VTN 71RIPTRANS11 IMPROVEMENTS - CANYON TO WALNUT _RA 10n 4 • LHN o..uryu~ E%HIEIT C - RTD SNOW REMOVAL LIMITS COLORADO LLGHTING LEGEND I ~"V r'!w 3tw M11101dwAV luwKNltt. t#.rt RuTiA'I Au4l!! r WcbfA. ►HTALIE.IAW tYAE COrw4CTF9 OY ICA BLI017 roRefy UNCC ►W Gtt OF°A.„LTA dV°'FL[""W LL'"""l XA TST "°"°SD Q 4ATp F]OSIwKiY5iQi1FD AAL I6TALLi:➢OTSECINCM a,HIWALTDR. . SrAV4ELT TDA VOV CAIWTTN MRIOAi[pWIGASD4]AW I Fkryiwi¢ a~Ap4rY tVwnAM! 10 RaIAT4 C EYYIW¢PILiSTNGN UAMiAi,ll rD POKMI. ® oasn"Gxc'eL EMAM"RM. MvmkoEDW6 p 'Aw POLTEiEII ccl mmTE D.IGK&M $.LTCF am- TRIM RA1 v COVER t m►Txnror►troml.ir►amlatrocim1alPaass anaensC Walm GENERAL NOTES .i a ICUnw AVj [LC,TRICil CW!PWEM SWL.L OE LDaTm W MIN rK CRY fy OF OM409R R;f DI RAV, { z. .,US GIIQF TSL NG-=. RIE WORK OES1D® ON TIC "XT 9YAL IiA ~I.GE I;S ;/{4-Ii AMO ISATFH1rL5 i YiT F WWIFIE AVD E.G.f 575'•Er, f'0."LS gfil ALL REQUITED IT16 WNEIIIER xlli ARC -crlC!FMN:tlGW.f OR 'W. J, IMORYAT(W Sf•fMi 6k "'Hr. C O RAWIp(5 {5 OVFRww.ilC p4Y NIJ S`TLSI1R r Iii CVLI:O OWAJM .P YnA COWCM. " 44EI$yRU1EM9. LEl, - - ;PACE R_o'JSYEIAET ii_H:6LN. TI [ODWI C IRrD13 Or 1. TM. T~CE Tn SMELT 0fc rpA IAl (5 fFW S:wo TOR COMOIM M r,14 TkE WOW cTu a Ao ► NW R 411.CeY11rG MC WORIt AS I CUIAED By BV W M[ ACRWC C-tOR1DN5 O oF 0Tt-c 3. PM3JECT. r~ IK WTI ALL IvPLE! EEDr3iAL STATE ANO lMlt CODES TW n AWO Ok . i- O?Cl Ili` -TA /YP.IWIL iLLRIR'£YQ1 A Df 1K Y[ M1l)AS I%TU X-n gr goE P OF LE ==A, Tr[ I u1:OHAL r1RE ~IEVtA•nN AYS:C 134] - rrr[R'P S i A Br ..:T IrI C. 01 W AAT 7-1:N iY1SITE J.;fC9OLL CS*A$ 1 Cb 5, wJrrA:H A Cp~L£1E SR OF CRAW:RY.IN AT OE hN OR VW:Ai; OIE • NJrI% MAPKED IN AN OEN7,' M-IJPS O z ALL A COYRm 'IE ^'~IAU SoE VtA" ,qATAD *>u aW WIonw P'l cot~,LTim i PrRDAK4C'r. 1 l M< t.%C TSK wpipi -.0 CC FORW TO T t ?RO6nS5 01 THE WW4 TRACES w r•~' ; I CDORDr/ q ALL i.pA TJL* -0 ROL"-M 1$ REOWIMI). IHWI ki zwl`Ew A40 WRALW In ACCL.y WITH llaWV1nnC4 Irf>IG'ICii CY :HE OWyn •tv Awl IW l',:•LL W.CGROVICE 111TH LLYMACTVAMS WELarWQNA'IOWS A N 4L SHAL, l uASfir, W3 9V'LL BE WEw. Ar.EOE Ei 5tq-& rpR ER A P0 5i1Kt K WPwW1 { llokA 0EM i«E C LBE~ O W. CErECTIVE SIATEiTIN.S K gOMR&COMIRY.T AT 40 C0a 10 Twf Ouu TO PPyC_ 9. OM r: ro W:>t•U•I :4 - tmcL Or ozcrftcAA. 0 S G PPw:..% to tiiunxc r41•r w0 CO-XM. IMano vrm 1 n7 r ,■•l I Ta lasrYK ~ ' W"k I- &IILDIHG SERVICE E1^-AM::; AVV '_!Yi4 ICAnOn rWrC. iwG' RiA_I Y YY. r>•`^r f.t. rn 1 nl a=n _ --.lun ww iuw<bnY h WORK NOTES (BY ELECTRICAL SUBCONTRACTOR): I` PWLOC 2DI-LP WWYiIt[n Iii [FIS WOK PANES A/o -TT FRVrJk rWVi rv y _ I- r r O r I.Ilt.nln ii 4 TliM PA$ t OVI 10 THE PEOESMAN UC+ITING AS SMTTN. n e e 1 -r n{. O +<fLiTI LE-EWtO CMWW AO11CORE ORIIA YROA EXTEiLBN tRAAYC 11C Ct R L T71:-6 BELOW iCW t •~J ir:. :'oh.ZiLTi . IRA'6 Ir1 0M1 fltsl ( (RC TNlGLCH AEL r f0 PYC fJ11101T fW wCJ.r, I/A•` ruin I! > I EARTM 1 TE TD 4EW PEOILZMAN L1G Fl% AS 4OWN WhL 00W1: To, Ok," D M 11E 4 W FD Q ,j SIr-.~~ W - • Y O [LNiFK CIi `0 O)RE A'r IOPL PYC aMAT AMW RCIpWAT (ROW THE •d •i Via~ i wUi w I CXIST`JC Y>~y b-OIL( PDWQI PE Wft TO '1C fCW ROAPWM L'JIIHAMK C I 10.1OAT AS 9gW4, XCLL WIEL ►LIDB511 CCPWIY C010PACTOR Wl" I c :v tV+i lA [b~IRf1 Pi$TALL- re is cr.igx777WAii ilbl:x 1 I fsPY r av' O t16S NADl1AY ElN1W9C, Uon 00.f, UCHT STMIOMIO roLolo tm. -10 • Ott .uv DT+:mCttMiEP I Wet➢+C yW„L pE fTINAWD AND 1NSYIlEEO BY SPCC p~E1t6Y5 F64CC5- O ~ PA-+T KA:t i'• YA -STATUS SET 7i24,201' UL-Y! FOR CONSTRUCTI - CIJMDW \ AMOCM*l! :!Ah'~n•%[ YL1>w M1'Ct ~SRt b'at .•lir+C 14TH STRESS TRMlYrr IMPFMVWENM - CAMlCN TO W&WT E CfTY OF BOULDER, COLORADO N 4~1~ 2PLM a L' EINC 29 V, Pini 7- 1, lIIIO 14-1 $lR(E7 FiLM1139 L . DUPLICATE ORIGINAL r7 = 03 iv W f CD t: {e: •i-- (li f:: PURCHASE AGREEMENT t7 U V U THIS PURCHASE AGREEMENT, made and entered into this ZZ-A-eJ day of , 1980, by and between the Central Area General Improvement District, a quasi municipal corporation, created pursuant to Chapter 46 of the Revised Code of the City of Boulder, 1965 as amended, hereinafter referred to as "CAGID" and the Regional Transportation District, a political subdivision of the State of Colorado created pursuant to CRS 1973, 32-9-101, et seq., hereinafter referred to as "RTD". RECITALS WHEREAS, CAGID owns the real property situated in the County of Boulder and State of Colorado described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "real property"; and WHEREAS, the real property contains approximately Forty-Five Thousand (45,000) square feet, and RTD has designated all of the real property less those air rights described in Exhibit B attached hereto and incorporated herein by ref- erence as property which it is interested in acquiring and wishes to use for a bus terminal and transfer facility. WHEREAS, RTD now desires to; 1) acquire the real property less those air rights described in Exhibit B. . 2) reserve to CAGID, its successors and assigns specific support, elevator, ramp and cross easements described in Exhibit C attached hereto and incorporated herein by reference. WHEREAS, CAGID wishes to sell the real property to RTD upon the terms and conditions as hereinafter set forth, subject to the reservation of air rights and the easements described in Exhibits B and C and easements of record; and WHEREAS, the parties hereto, recognizing RTD's desire to acquire said property for a bus terminal and transfer facility, acting at arms' length, have FILM 1139 1"f-4 negotiated and agreed upon a purchase price for the real property; and WHEREAS, said purchase price has been approved by the Urban Mass Trans- portation Administration of the United States Department of Transportation; and WHEREAS, CAGID wishes to retain a right of first refusal for CAGID, Its successors and assigns, In the event that RTD at any time sells or transfers the real property for uses other than those specified herein; and WHEREAS, RTD wishes to retain a right of first refusal for RTD, its successors and assigns, in the event CAGID at any time sells or transfers the air rights and easements; and, WHEREAS, the parties hereto recognize the need for a bus terminal and transfer facility in the area as a public purpose and agree that such use of the real property would be beneficial to both parties and to the people of the City of Boulder; and WHEREAS, CAGID wishes to construct a parking structure and other facilities in the air rights and easements retained by CAGID described in Exhibits B and C; and WHEREAS, CAGID has conducted a competitive bid process for the construction of the parking structure and other facilities; and WHEREAS, each of the parties has reviewed the other parties proposed plans for their respective facilities. COVENANTS NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set forth, and other good and valuable consideration herein reeeipted for, the parties agree as follows: PURCHASE 1. On or before October 22, 1930, RTD shall pay to CAGID by check or checks of RTD the sum of One Million and 00/100 Dollars ($1,000,004.00) in return for which CAGID shall convey unto RTD the real property described In Exhibit A, less the air rights described in Exhibit B and reserving unto CAGID, its success- ors and assigns the easements described in Exhibit C and reserving unto RTD Its successors and assigns the easements described in Exhibit D attached hereto and incorporated herein by reference. -2- FILM 113.9 r-,• At the expense of RTD, the real property shalt be surveyed within 30 days of the date first above written. The survey shall include the exact description and square footage of the parcel. Upon concurrence by the parties hereto, the survey shall be attached to this agreement as Exhibit E and incorporated herein by reference. MISCELLANEOUS 2. For the sum of Seven Thousand Eighty Four and 00/100 Dollars ($7,084.00), paid to CAGID by RTD, CAGID shall clear the real property of all improvements and level same in such a manner as to permit RTD to commence construction and CAGID to proceed with the construction of a parking structure, ramp, elevator shaft and appurtenant footings, support pillars and utility connections. An invoice for the Seven Thousand Eighty-Four and 00/100 Dollars ($7,084.00) shall be mailed upon completion of the site clearance and shall be paid to CAGID within sixty (60) days of mailing of the invoice. 3. In the course of excavation for the parking structure footings, It is understood that CAGID shalt remove topsoil, fill, rubbish, debris, etc. down to a level where adequate soil to support the parking structure footings and elevator shaft is located. CAGID shall fill and compact this excavation with adequate material to support the RTD facility. This excavation and backfill shall be done under the supervision of a qualified Soils Engineer or Consultant. The Soils Engineer or Consultant shall prepare a report of the observed conditions and action taken. A copy of this report is to be provided to RTD for its use for foundation design. 4. If in the opinion of the Soils Engineer or Consultant, soil beyond the normal footing and elevator shaft excavation lines must be removed and/or replaced RTD shall be notified of the Soil Engineer or Consultant's recommendation. RTD will review the recommendation and may request the CAGID contractor to prepare a cost estimate on a lump sum or unit price basis for any additional soils work beyond the normal footing and elevator shaft excavation lines which may be necessary to support the RTD facility. Upon review and approval of this cost estimate by RTD, the CAGID contractor will perform any work authorized by RTD. An invoice for the work will be mailed upon completion of this work and shall be paid to CAGID within sixty (60) days of mailing of the Invoice. 5. CAGID shall maintain cost records for the removal and/or relocation of all utility lines that must be relocated as a result of either RTD's or CAGID's construction plans. This relocation shall be done by CAGID. The cost for this work shall not exceed Forty-Two Thousand Nine Hundred and 00/100 Dollars -1 FILM 1139 ($42,900.00) and shall be shared equally by RTD and CAGID. An invoice not in excess of Twenty-One Thousand Four Hundred and Fifty and 00/100 Dollars ($21,450.00) shall be mailed upon completion of the removal and/or relocation of the utility lines and shall be paid to CAGED within sixty (60) days of the mailing of the invoice. Utilities are hereby defined as: water, sewer, gas, storm sewer, electric and cable T.V. 6. CAGID shall construct the parking structure, ramp, elevator shaft and appurtenant facilities to the specifications and timetables jointly agreed to by RTD and CAGID. RTD may review CAG1D's design and may suggest modifications that will not exceed the cost per paragraph 11. This construction shalt be "substantially complete" by July 18, 1981. "Substan- tial completion" shall mean that degree of completion of construction as will permit RTD's on site commencement and uninterrupted progress of its facilities without additional cost or expense accruing by reason of the absence of the total completion of the CAGED parking structure and other facilities. "Substantial completion" shall be determined by RTD's architect and concurred in by CAGID's architect. In the event of their failure to agree, an architect independent of the parties and of their architects, but jointly selected by such architects, shall determine the point of "substantial completion". Time is of the essence in completing the CAGID project, and, in the event of delay in the "substantial completion" of the project as specified in this agreement beyond July 18, 1981, it would be difficult to determine the exact amount of the loss or damages suffered by RTD due to delays in "substantial completion" of the CAGID project. Therefore, for every day of delay past the scheduled completion date CAGID will be liable to RTD, as liquidated damages and not as penalty, in the amount of Three Hundred and 00/100 Dollars ($300.00) for each and every day CAGID shall be in default. This Section will not apply to delays in completion of the project due to acts of God, acts of the Public Enemy, acts of the Government (in either its sovereign or contractual capacity), fires, floods, strikes, and unusually severe weather; provided, that CAGED shall, within three (3) days of the onset of any such delay, notify RTD in writing of the causes of delay and the facts relating thereto. Nothing in the above clauses shall be interpreted as limiting in any way RTD's right to proceed against CAGED for additional damages or losses. RTD reserves the right to deduct said liquidated damages from any amount due CAGED under this Agreement or, at its option, to collect such liquidated damages directly from CAGID. -4- FILM 1139 r-c-~ 7. The existing sidewalks surrounding the real property shall remain during CAGID's construction of its parking structure and other facilities. CAGID shall pay for the erection of all barricades in order to maintain the use of the sidewalk along 14th Street for bus patrons during the construction of its facilities. RTD shall construct sidewalk and pedestrian paths around, in and through the real property, to the specifications and timetables jointly agreed to by RTD and the City of Boulder Planning and Transportation Departments. Such agreement shall not be unreasonably withheld. 8. The existing landscaped area along Canyon Blvd., that the parties jointly agree to retain, shall be defined, protected and maintained by the parties during their respective construction operations. RTD shall landscape the real property to the specification and timetables jointly agreed to by RTD and the City of Boulder Planning Department. Such agreement shall not be unreasonably withheld. 9. RTD shall retain the existing bike racks for later use on the real property or replace them with bike racks of similar quality upon completion of the construc- tion by the parties. 10. RTD shall relocate the two existing bus shelters to other locations within the City of Boulder. 11. RTD's construction requirements Indicate that an additional pillar and a deck will be required as changes to the parking structure contemplated by CAGID. RTD agrees to pay for the actual construction costs resulting from RTD's construc- tion requirements; provided, however these costs shall not exceed Ten Thousand and 00/100 dollars ($10,000.00). Any request for construction alteration by RTD in excess of the Ten Thousand and 00/100 dollars ($10,000.00) shall be subject to approval by CAGID. CLOSING 12. The closing, as specified in paragraph i herein, shall take place at 1:30 o'clock p.m. on or before October 22, 1980 in the RTD offices, 1325 South Colorado Boulevard, 5th Floor, Denver, Colorado. At the closing, CAGID shall deliver to RTD the required general warranty deed and shall receive the payment due. TITLE INSURANCE 13. CAGID agrees to furnish to RTD on or before October 20, 1980, a title commitment from a title insurance company authorized to do business in the State of Colorado binding said company to issue to RTD Its regular form of owner's S_ H-L FILM 1.39 title insurance policy in the amount of the purchase price of the real property. RTD agrees to pay for the title insurance commitment, and RTD further agrees to pay the premium for the issuance of said owner's title insurance policy for the parcel when it is purchased. The title commitment shall be obtained from a title company authorized to do business in the State of Colorado and shall bind said title company to issue to RTD its regular form of owners title insurance in the amount of the purchase price. STATE OF TITLE 14. Title to the real property to be sold by CAGID to RTD shall be merchant- able. At the time of closing and upon RTD's compliance with the terms herein set forth and contained, CAGID agrees to deliver to RTD a properly executed and acknowledged good and sufficient general warranty deed conveying the real property, subject to the right of first refusal unto CAGID, free and clear of all liens and encumbrances except general ad valorem taxes, water rents, charges and assessments on the real property accruing after October 22, 1980 and air rights and easements as provided herein and described in Exhibits B and G hereto. TITLE PROBLEMS AND CURATIVE ACTION 13. If title to the real property is found to be not merchantable by RTD, a written notice of the defects of title shalt be given by RTD to CAGID on or before the date of closing; and CAGID agrees to correct such defects or obtain title insurance on the item or items excepted from the title commitment at its own expense within thirty (30) days from the date of receipt of said notice of defects, and there shall be an automatic extension of the closing date to a date not later than five (3) days beyond the time allowed for correcting such defects or obtaining such title insurance. If CAGID is unable to correct such defects or to obtain such title insurance within the thirty (30) day period, RTD may, at its option, complete the transaction as to the real property, notwithstanding said defects, or it may elect to treat this agreement as null, void, and of no effect and each party hereto shall be released from any obligations hereunder and the payments made hereunder shall be returned forthwith to the RTD. Title shall not be deemed unmerchantable or defective by virtue of the fact that it is burdened or encumbered by this purchase agreement. -6- FILM 113 9 ~ TIME OF THE ESSENCE lb. It is mutually agreed that time is of the essence hereof and if any pay- ment or other condition hereof is not made, tendered or performed by either party as herein provided, then the agreement, at the option of the non-defaulting party may be terminated by such party, in which case the non-defaulting party may recover such damages as may be proper. In the event of such default by CAGID, if RTD elects to treat this agreement as terminated, then all payments made hereunder shall be returned to RTD. In the event of such default by RTD, if CAGID elects to treat this agreement as terminated, then all payments made hereunder shall be forfeited by RTD and retained on behalf of CAGID. In the event however, the non-defaulting party elects to treat this agreement as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance and damages. RIGHT OF FIRST REFUSAL 17. At such time as either party determines it no longer needs the property purchased or owned hereunder, and desires to dispose of its property, the party disposing of its property shall notify, in writing, the other party of such intent to discontinue the use of the property and dispose of it. The other party shall have the first right to purchase the property at fair market value. Fair market value shall be determined by an appraisal which shall be prepared by an appraiser who is mutually agreed upon by both parties. Such agreement shall not be unreasonably withheld. The party disposing of its property shall submit a copy of said appraisal to the other party, and within one hundred thirty (130) days of the receipt of said appraisal, the other party shall have the right to accept the appraised value as the market value, and indicate its intent to purchase said property from the party disposing of its property for said value. If the other party fails to exercise said right within one hundred thirty (130) days from receipt of the appraisal, this ri-gat of first refusal shall be forfeiter!. This right of first refusal shall not be applicable to any transfer to a successor entity, but shall be binding upon such successor entity. PAYMENT OPTION FOR EXERCISE OF RIGHT OF FIRST REFUSAL IS. In the event that either party exercises its right of first refusal to purchase the property, that party shall have an additional ninety (90) days from the date of its notice to the party disposing of its property in which to complete the purchase. -7- FILM 1139 LEASE 19. RTD may lease such portion of the real property to CAGID as It deems desirable for parking, commercial, or office purposes as long as such uses do not interfere with the purposes for which the property was purchased by RTD. POSSESSION 20. It is understood that upon the closing, pursuant to RTD's payment of the full purchase price to CAGID as hereinabove set forth, RTD shall obtain immed- late possession of the real property. This possession shall in no way interfere with CAGID's ability to construct a parking structure nor CAGID's use of the real property during the construction of the parking structure in the air rights and easements retained by CAGID. PROVISIONS OF AGREEMENT TO SURVIVE CLOSING 21. The parties hereto agree that the terms, conditions, covenants and agree- ments set forth and contained herein, except paragraph 16, shall survive the closing herein provided for, and shall continue after said closing to be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. NOTICE 22. Whenever notice is required to be given hereunder, it shall be in writing and delivered to the party entitled thereto, by registered or certified mail, return receipt requested. If delivered or mailed, said notice shall be effective and com- plete upon delivery. Until changed by notice in writing, notice shall be given as follows: Central Area General Improvement District Attention: City Manager P.O. Box 791 Boulder, Colorado 80306 The Regional Transportation District Attention: Department of Legal Counsel 1325 South Colorado Blvd. Denver, Colorado 80222 CONTINGENCY 23. This agreement shall not be effective until the following contingency occurs: a? This agreement is approved by the Board of Directors of CAGID. If this contingency is not fully accomplished by October 22, 1980, this agreement shall be automatically void, and CAGID shall return to RTD the One Thousand -8- /9 • `1 FILM 113 1 and 00/100 ($1,000.00) sum paid upon the signing hereof. CAGID agrees to exercise it best efforts to satisfy the above contingency prior to the date of closing. EXHIBITS 24. The following are exhibits to this agreement and are incorporated into and made a part of this agreement: Exhibit A - Real property description Exhibit B - Air rights description Exhibit C - Pillar support, ramp, elevator shaft and cross easements Exhibit D -Easements granted to RTD Exhibit E - Survey BINDING AGREEMENT 23. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. IRREVOCABLE OFFER 26. By signature hereto, CAGID acknowledges receipt of One Thousand and 00/100 Dollars ($1,000.00) from RTD, which sum shall be deducted from the purchase payment referred to above, which is good, valuable and sufficient con- sideration and makes this offer irrevocable to and through October 22, 1980. Upon authorization by the Board of Directors of CAGID and signature on or before October 22, 1980 by the chairperson of the Board of Directors of CAGID, this agreement shall then be a contract between CAGID and RTD. PROHIBITED INTEREST 27. No officer, member, or employee of the RTD, nor any member of its Board of Directors, nor any member of Congress, nor any other public official or employee of the governing body of the locality or localities included within the District, during his or her tenure, or for one year thereafter, shall have any interest, direct or indirect, in this agreement or the proceeds hereof or of any closing held hereunder. MAINTENANCE 28. The parties agree to maintain their respective facilities and restore damage, failing in which the non-defaulting party may perform and receive such damages as may be proper provided the non-defaulting party provides written -9- P11M 1139 notice to the defaulting party. The defaulting party shall have thirty (30) days to cure the defects. AMENDMENT 29. This Agreement may not be amended except in writing by mutual agree- ment of the parties, nor may any rights be waived except by an instrument in writing, signed by the party charged with such waivers. HEADINGS 30. The headings of the sections of this Agreement are Inserted for refer- ence purposes only and are not restrictive as to content. SEVERA BILITY 31. If any clause or provision of this Agreement is declared to be lnvalld by any tribunal, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and It is also the intention of the parties to'this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid, or unenforceable, there be added as a part of this Agreement, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable. IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first above written. Central Area General Improvement DistriG oulder, Colorado r It A By La 41,( : yor, 13x--offici Chairperson of CAGID 's C'' F~ .1~ L AI TEST: r{ i+ ty CI JA' Ex z icio 5 re ry rcr of CA ~ID The Regional Transpo on District Approved As To Legal Form For The Regional Transportation District By E. J. athell, Exec 've Dir' ctor and General Manager B Le ou -10- •sWT ples uaiDm~aq 2UT,(T NDOTE PIPS uT AaTTe pa;ea2h 34l 417M Ja4#2$Ol'IC a2Qcl'Z 5009 Md 01 5UTpaODOP Op10aO103 ;O aMS 'dlun0D iaptnog 'iapTnOg 30 AIM '%334'InOg'Ob >100JU '6 pue 18 'L 49 '6 '1) 910.1 NOIIdfdDS3d Ald3dONd lV3S V 118IHX3 6,91 W`ft i ~ -hr 11-12 FILM 1139 EXHIBIT B The real property described in Exhibit A to this agreement shall be conveyed subject to the reservation of any and all rights in and to the use of such real proper- ty at and over a plane twelve (12) feet above the current elevation of the four (4) corners of the property (NW corner - 5341.11 feet; NE corner - 5338.64 feet; SW corner - 5337.66 feet; SE corner - 5336.77 feet), as shown on the survey provided In Exhibit E to this agreement provided, however, CAGID shall grant the RTD easements to attach fixtures, conduits etc. to the CAGID structure. FILM 1139 ly-L~ EXHIBIT C The real property described in Exhibit A to this agreement which shall be conveyed subject to the reservation of the air rights described in Exhibit B to this agreement shall be conveyed subject to the further reservation of support, ramp, elevator and cross access easements, as follows: (1) Support easements shall be retained for such pillars or other supports as may be required for the construction of improvements by CAGID in the air rights retained under this agreement, (2) a ramp casement shall be retained for such structures as may be required for vehicles to gain access to the parking structure and other improvements to be constructed by GAGID in the air right retained under this agreement, (3) an elevator shaft easement shall be retained for such structures as may be required to construct and maintain elevator access to the parking structure and the improvements constructed by GAGID, (4) a cross access easement shall be retained to provide convenient access through, over and across the real property conveyed to RTD for the use of the public in order to obtain access to such parking structure and other improvements, (5) a construction and maintenance easement shall be retained to construct, inspect, mantain, reconstruct and repair any and all parking structures and other improvements constructed by CAGID. N-19 FILM 1139 EXHIBIT D CAGID shall execute and deliver to RTD an appropriate instrument conveying to RTD for RTD's use and benefit easements in form and content reasonably satisfactory to RTD and adequate to provide the following: A. Utility lines and services in and through CAGID's structure necessary to service the RTD's structure, its use and occupancy, and B. The right to construct, inspect, maintain, reconstruct and repair RTD's facilities, and C. The right to construct in the air rights as necessary to complete construction of RTD's facility. The method of attachment of any permanent fixture, utility line or sign shall be approved by CAGID. Fir V).- ( e-7 LANDSCAPE COST-SHARING AGREEMENT WHEREAS, the Regional Transportation District ("RTD") a political sulAi vi si on of the State of Colorado, owns teal prO- perty at the southeast corner of 14th and Walnut Streets in the City of Boulder , Colorado, ("F'-(,mi ses") , upon which Premises RTD oW115 a structure which )t uses as a bus station; and ;;HEP_vAS, the City of Boulder Central Area General Itr.urove-- ment Di st r i et (CAGID) , a quasi-:Auni ci oal cor DOT ation , cre ate c pursuant to Chapter $-4 of the Boulder Revised Code, 1961, in '1 O"4~ Z~XJt'o f'1 t C~~ :t'~i!) c1t C): diiia,),^.? 3920, as, a.ne:)dec', owns a_ 'r the Premises upon which it has constructed a par k) nc! s uc tu_ e; and r=F_~C-PS, CAG; D des: _es to add addi ti ona'_ p2= kl nG decks a :c na'r,e oche: im:) Ovements upon it_ aro-r:v and its a:r -Icht a"c on its easements beneath its Pair rich"; and KREPrAS, it will be necessary for CAGID and to.- contractors actlina uncle= contract with CAGID to tion U:~on certain t)o:`_ions Of the ?_erriseF; 2"16 W'-ER Ls acpment of this construction ec-_itinetit or destroy some of the existinc landscaping; a.-1d KiiEP l.` pr n is desi rous of repl a c i nu and urn; a i ;IC t `~e existi nc, Iandsca,- td7W, T _iT'-7-,_F 111, P D acid C!,ii1D I"',arti P_S" the f011owl11c: 1. CAGID agrees that it will reconstruct all the landscap- ing on the Premises in accordance with the plans, dated March 15, 1968, copies of which have been provided to RTD, and that It will complete this landscaping no later than May 1, 1989. RTD agrees to pay CAGID fifty percent of the final cost to CAGID for this landscaping or $75,000.00, whichever is less, upon substantizl completion of the landscapina in accordance with the referenced 51ans, but such Davment will not occur until December, 1?90. 2. CAGID agrees to maintain the landscape plant improve- ments such as the :tees and flowers. ~irc,< n 3-~F~ 3. RfD agrees to maintain the structu:el items of the landscaping improvements s6!:h as the sidew l' ks, p1Zn`_er boxes, tree orates, benches and irrication system. 4. RTD wi11 provide at no cost to CAGID the nececsa_IL' water to prop--:1y lrricate and maintain the landscape trees and plants. 5. This acreement shall to binding upon and i nu' e of the b(?;)efit of the Pa `ties hereto, their successo:s, and assicns. it does not create any rights in third parties. Tilt RE Tom I. ^ ipo.~,PoPTATion DISTR1C.V: / r E3 5.: Geller 2 E' all a(3?r 2- Approved as to legal form: r Legal cansel CITY OF BOULDrR MITIZA , APEA GENEIML, IMPROVF'RENT DISTRICT: Bv'-- - anag..r a:) -x-0 fic2o~ Gen ral M naaer f CAGiD 20 Sec'4tary of CACrI Ilk W WElE, GRAY AND OIEARD R~ ,alruntuA. u1 Ir+IO AISTtMG DRIP SYSTEM NEW MANDAR0 RIUSIIEIIER $ANDSCAF( COFICAEIF IIIHOCAEF( BANDS III EXISTING SIDEWAIN ' CROSSWALK IEYP) REQUIRES SAWCUT AND REMOVAL OF EXISTING CONCRETE IN THESE AREAS A(TGN WItH •A3+OS ON EAST SIOE OF STAEi3 GRAY CONCRETE Will( NEW IREE, ORATE AND GUARD NEW 3IANDAA) RID SNEUEA ,•j"p~ SAwCUi IOINTS TO MATCH TIE INTO EXISTINO DRIP SYSTEM J{ SIDEWALKS ON SOUIH SIDE \ _ SANDS-CAPE !ANDS IN SIRFfl \l COLORED CONCRETE IN ENTIRE STREET j. \ LC:bl . ~ ---rte-' - 1 a I- - Y C -Ir "it 01 SANDvONE MONUMENT WITH r h - •1 GAI(SIGN SEE 70f NEw PAVEMENT UNDER L~.,._ INDICING H4 AREAS INDICATED LPHASf 31 ~ ~po m■w ■ ~-•.UINOCAETE BANDS SANDSCAPECOMCRM ' I NEw THE L DRAT( AND GUARD LANDSCAPE FORM TIE II f)(ISTINO DRIP SYSTEM SCAt%OUGH IRASIIA(CIPIACIE ITY% I t' 6 h MNOSCME IORMS WOVEN - NEW STANOAAORTD SHELTER SCA.UOROVGH DEI+CH wI1H rI• CENTER ARM ITYRI NOTE - COLOR TORUTHOCREIE,SANOSCAAE•AND SIREfT CONCRETE TO BE DETERMINED. T L~ E-_- r«nlclanlTVwati.rnnvi,vNxtT rmroTt~t+r+v+ul ~'r -CITY OF BOULDER. ~ ~ - - axa_y _ COLORADO Rrw~J LH!I - - E7V.EAAIIL.aN95CAPE/U4b1NDESIGMPUYlri~/~ P__ Contract Tracking > Thank You Page 1 of 1 OFFICE O; THE 6 2013 STANDARD Contract Routing Cover Sheet Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Pace. Routing Number 20130205-8158 Originating Dept Public Works Contact Person KerriJo Hunt Phone Number 3 03-441-3 266 Project Manager / Contract Brian Wiltshire E-mail wiltshireb@bouldercolorado.gov Administrator Counter Parties Regional Transportation District Contract Title / Type Intergovernmental Transportation Improv. Agreement between COB & RTD Number Description 14th & Walnut Transit Center Improvement IGA with the Regional Transportation District Special Instructions Please return 4 originals to KerriJo Hunt. One original to Central Records. Please scan fully executed original and e-mail to Brian Wiltshire at wiltshireb@bouldercolorado.gov, and to Cris Jones at jonesc@bouldercolorado.gov. Thank you very much. Amount $50,000.00 Expense Type INCOMING r r • Dept. Head Signature. _ NOTE; Originating Department: Identify with a check mark all areas document needs to be routed. • Purchasing • Budget • Sales Tax_/_~ • City Manager • Central Records Contract Trarkn(i Home I SioilaWre RoUtinq Forn"€ I (rack Contract Status I Update Contract Status http://intraweb.ci.boulder.co.us/ContractTracking/sei-vlet/Controller 2/5/2013