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HomeMy WebLinkAboutC19-102 Colorado Department of Transportation - NOT FULLY EXECUTEDCDOT and Eagle County Truck Parking in Eagle County MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND EAGLE COUNTY SRM # TBD Routing # TBD This Agreement is executed on /- Z /9 by and between the STATE OF COLORADO, acting by and through the DEPARTMENT OF TRANSPORTATION (hereinafter called the "State" or "CDOT") and EAGLE COUNTY (hereinafter called the "Eagle County" or "Local Agency"). CDOT and Eagle County also may hereinafter be referred to individually as "Party" or jointly as "Parties." RECITALS WHEREAS, commercial trucks have historically used the Eagle County Fairground parking lot, depicted in Exhibit A, which is located within Eagle County off of the Interstate 70 ("I-70") Eagle Exit, Number 147, at 435-725 Fairgrounds Rd, Eagle, CO 81631 (the "Fairgrounds Lot") as an unofficial stopping and truck parking area in both good and inclement weather; and WHEREAS, Eagle County now wishes to limit the commercial truck usage of the Fairgrounds Lotto make it available mainly for public recreational use; and. WHEREAS, due to the change in usage of the Fairgrounds Lot, CDOT will encourage and allow commercial trucks to utilize the CDOT-owned parking lot, depicted in Exhibit B, and which is located off of the I-70 Dotsero Exit, Number 133, on the Frontage Road, in Dotsero, CO (the "Dotsero Lot") 24 hours, 365 days of the year; and WHEREAS, Eagle County is willing to allow trucks to park at the Fairgrounds Lot during weather incidents and/or for I-70 road closures during the winter months (November I't — March 315); and WHEREAS, CDOT and Eagle County recognize that shifting the majority of truck parking from the Fairgrounds lot to the Dotsero lot will encourage more public, recreational use of the Fairgrounds property and enhance public safety by centralizing commercial truck parking to one appropriate and designated area. NOW THEREFORE, the Parties hereby agree as follows: C19-102 CDOT and Eagle County Truck Parking in Eagle County A. CDOT Responsibilities: SRNI # TBD Routing # TBD 1. CDOT will be responsible, on a year-round basis, for parking lot maintenance at the Dotsero Lot. 2. CDOT will update the Truck Parking Guide on co.trip.org to identify the limited dates and circumstances, as identified herein, during which the Fairgrounds Lot may be utilized by commercial trucks and to reclassify the Dotsero Lot as offering year-round parking on a non -emergency basis. 3. CDOT will have no responsibility for maintenance or enforcement at the Fairgrounds Lot. B. Eagle County Responsibilities: 1. Eagle County, or its designee will post signs indicating the limited circumstances under which the Fairgrounds Lot will be available for commercial truck parking. 2. Eagle County, or its designee, will be responsible, on a year-round basis, for parking lot maintenance at the Fairgrounds Lot. 3. Eagle County will have no responsibility for maintenance or enforcement at the Dotsero Lot. C. Term The Parties agree that this MOU will become effective when both Parties have signed this MOU. The term of this MOU will remain in perpetuity, or until terminated by either of the Parties. D. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this MOU and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise such authority, and to lawfully authorize its undersigned signatory to execute this MOU and to bind the Local Agency to its terms. The person(s) executing this MOU on behalf of the Local Agency warrants that such person(s) has full authorization to execute this MOU. E. Representatives and Notice All communications relating to this MOU shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either Party may from time to time designate in writing new or substitute representatives. If to the State: CDOT and Eagle County Truck Parking in Eagle County Martha Miller East Program Engineer P.O. Box 2107 Eagle, CO 81631 (970) 328-9933 If to the Local Agency: Eagle County Facilities Department P.O. Box 850 Eagle, Colorado 81631 (970) 328-8880 F. Successors SRM # TBD Routing # TBD Except as herein otherwise provided, this MOU shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. G. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. H. Governmental Immunity Notwithstanding any other provision of this MOU to the contrary, no term or condition of this MOU shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, or the Local Agency, or either Party's departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. H. Severability To the extent that this MOU may be executed and performance of the obligations of the Parties may be accomplished within the intent of the MOU, the terms of this MOU are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or CDOT and Eagle County Truck Parking in Eagle County provision hereof. I. Waiver SRM # TBD Routing # TBD The waiver of any breach of a term, provision, or requirement of this MOU shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. J. Entire Understanding This MOU is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. K. Survival of Terms Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this MOU and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the MOU shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. L. Modification and Amendment This MOU is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this MOU on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this MOU shall be effective unless agreed to in writing by both Parties in an amendment to this MOU that is properly executed and approved in accordance with applicable law. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 4 CDOT and Eagle County SRM # TBD Truck Parking in Eagle County Routing # TBD SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their reuresentations to that effect. THE LOCAL AGENCY The STATE OF COLORADO Eagle County Jared P olis, GOVERNOR Colorado Department of Transportation Print: Shoshana Lew, Executive Director 0'anne McQueeney Title: Chair, Eagle County Board of C my Commissioners ! Y `4d015EN15-( By: Joshua Laipply, P. E., CDOT Chief Engineer Signature Date: I // Date: 2nd The Local Agency Signature (if needed) Print: INSERT -Name of Authorized Individual Title: INSERT -Official Title of Authorized Individual Signature Date: CDOT and Eagle County Truck Parking in Eagle County Exhibit A FAIRGROUNDS LOT SRM # TBD Routing # TBD Truck Parking at Eagle County Fair & Rodeo Grounds: Exhibit A Public Recreation Area: No Parking 1 inch = 100 feet 0 0 Feet 125 Feet Truck Parking Area TNS map —ow.ra by ft E.O. a .V M U -Pr Uudt"' d mMft, - PWP—edY E�pY �wKY Mn nalrxnnllM wrumry d tlM dda axYYN Mwln CDOT and Eagle County Truck Parking in Eagle County EXHIBIT B DOTSERO LOT SIAM # TBD Routing # TBD A �J [[�— �t. alp ice► _ ,�` d',L : F4 t ' 1 yrr AL sem. f` ►'.r y' ger O42` kArk L41) ��a •i& ;Al si r� � x r rte: �• 4�, i ���; is �, � �� � ^ _�fy�ix� �� l� may.. � -• r� ��'t- � • x�' . % �j *� + �► . r ! K kis • �- r Fr a- S 4 1.1► - - F . w it t ►may r �.'. e lk t go PwIlk Truck Parking 1 inch = 274 feet 0 175 350 at Dotsero: Truck Parking Area 0 Feet �` Exhibit B �°-.°_W~~`° �°' 7Wa wwme.nra aUn.Y°M E.ob cwy a... nawm u.."eur.cy aw aw