HomeMy WebLinkAboutC12-333 Roaring Fork Transportation Authority INTERGOVERNMENTAL AGREEMENT between EAGLE COUNTY, COLORADO ( "County ") and THE ROARING FORK TRANSPORTATION AUTHORITY ( "RFTA ") REGARDING (1) RFTA PARKING SPACES AT THE COUNTY EL JEBEL COMMUNITY CENTER and (2) RFTA PRESERVATION OF RIGHT OF WAY AND FINANCIAL CONTRIBUTION TO COUNTY TO FACILITATE HIGHWAY 82 AND VALLEY ROAD INTERSECTION IMPROVEMENTS THIS AGREEMENT, made this _____day of ©def C/I , 2012, by and between Eagle County, Colorado ( "County "), and the Roaring Fork Transportation Authority ( "RFTA "), WITNESSETH: WHEREAS, on March 22, 2012, the County's Roaring Fork Valley Regional Planning Commission ( "RFVRPC ") approved, with conditions, the Location and Extent Application, County File No. LEA -3339; and WHEREAS, one of the conditions of approval imposed by the RFVRPC was that RFTA work with the County to memorialize the pre- existing shared parking arrangement at the County's El Jebel Community Center for RFTA patron overflow parking; and WHEREAS, in order to improve traffic flow at the intersection of Highway 82 and Valley Road, the approximate site of the Transit Stop structure at issue in File No. LEA -3339, and thereby benefit RFTA and the County and the users of both roads, RFTA and the County agreed that RFTA would (a) preserve its ability to grant to the County, when and if needed in connection with pending possible development of a Crown Mountain Recreation District recreation center, its ability to grant a right of way across land owned by RFTA as depicted on Exhibit A hereto in connection with possible eventual construction of improvements to such intersection, and (b) contribute immediately the sum of Forty Thousand Dollars ($40,000.00) toward the design of such intersection improvements. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, the parties hereto agree as follows: 1. RFTA shall have the right to use up to fifty (50) non - reserved parking spaces in the parking areas at the County El Jebel Community Center. 1 2. RFTA will preserve and protect its ability to grant to the Town of Basalt, upon request by the County when and if it becomes necessary to facilitate improvements to the intersection of Highway 82 and Valley Road in El Jebel, Colorado, a reasonable right of way easement across property presently owned by RFTA as shown on Exhibit A as Segment B of such intersection improvements schematic. 3. RFTA will immediately contribute to Eagle County the sum of Forty Thousand Dollars ($40,000.00) for use by County in connection with design of intersection improvements as shown on Exhibit A. 4. Notices hereunder shall be given as follows: THE COUNTY: Tom Johnson, Public Works Director 3289 Cooley Mesa Road Gypsum, Colorado 81637 RFTA: Dan Blankenship, CEO Roaring Fork Transportation Authority Glenwood Maintenance Facility 2307 Wulfsohn Road Glenwood Springs, Colorado 81601 5. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof; and, if possible, this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. 6. To the extent permitted by law, RFTA shall indemnify and hold harmless the County with respect to any claims, liability, or judgments from any acts or omissions of RFTA, and any of RFTA's agents, Board of Directors, employees, agents or representatives; except that neither RFTA, its agents, Board of Directors, employees and representatives will be liable under this Agreement for any claim, loss, damage, cost, or expense arising out of any negligent act by the County during the performance of this Agreement. Furthermore, the parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to RFTA or the County under the Governmental Immunity Act, Section 24 -10 -101 et Seq., C.R.S., of any rights, protections, immunities, defenses or limitations on liability provided by law and subject to any applicable provisions of the Colorado Constitution and applicable laws. 2 7. RFTA and the County shall comply with all applicable laws, resolutions, and Y p Y pp > codes of the State of Colorado and the County of Eagle and all federal laws barring discrimination. 8. No person shall have any personal financial interest, direct or indirect, in this Agreement. 9. The agreement of RFTA herein to the payment of Forty Thousand Dollars ($40,000.00) to County shall become effective upon execution hereof by RFTA CEO Dan Blankenship, regardless of the effective date of execution hereof by County and RFTA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and RFTA. COUNTY OF EAGLE, STATE OF °6 �. COLORADO by and Through its / 9 . ` t Board of County Commissioners ATTEST: * � " / / w -^4/ County Clerk Peter F. Runyon, Chairman ROARING FORK TRANSPORTATION AUTHORITY ATTEST: �vt By: -V Secretary to the Board Dan Blankenship, hief Execu 've Officer A • • rove • as o es. For 3 //\)/ \ E \ < ,, , .,„ „, ,' ; 7 '0 v r� O # 4 \ ~ fC j .. 1 Q � 1 /` � : , / - E 1_ P ' ;7. zi _. ......e7 \\. ; .:4L______ ___.... .....-:,-. .--. • ,. ., 1 4 / ,- 1 , .4, l ' . .} 1 ' o 7 f : �• cm / X 1 1 1 •.' Ja Q