HomeMy WebLinkAbout2008-10 IGA and Lease Agreement with CDOT regarding Sediment Control, Storage Areas on the North Side of Interstate 70 at M.P. 178-179ti
RESOLUTION NO. 10
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AND A LEASE
AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO
DEPARTMENT OF TRANSPORTATION REGARDING SEDIMENT CONTROL STORAGE
AREAS ON THE NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178-179; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, the Town and the Colorado Department of Transportation ("CDOT") wish to
enter into an Intergovernmental Agreement ("IGA") for the design and construction of finro
Sediment Disposal Areas ("Berms"), East and West, on the North side of Interstate 70 at
approximate milepost 178-179 for the purpose of sand storage and to provide aesthetic and noise
mitigation to the surrounding neighbors; and
WHEREAS, the Berms are to be completed in two phases over the next 5 to 10 years,
wherein CDOT will be responsible for the construction of the East phase that is within the CDOT
ROW and Tract A and the Town and CDOT will be jointly responsible for the West phase that is
within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome
Association; and
WHEREAS, in addition to the IGA, which is required for the proposed Berm project, the
Town and CDOT must also enter into a land lease (the "Lease") for that portion of land in Tract A
owned by the Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA and Lease with CDOT, in substantially the same form as attached hereto as
Exhibit A and Exhibit A-1 and in a form approved by the Town Attorney, for the design
and construction of finro Berms, East and West, on the North side of Interstate 70 at
approximate milepost 178-179.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 15th day of April, 2008.
ichard Clevela
Town Mayor
N
TT T:
S'~rel Donaldson,A~, ~
o Clerk
ORADD•
Resolution No. 10, Series 2008
EXHIBIT "A"
08 HA3 000
331000***
INTERGOVERNMENTAL AGREEMENT
REGARDING SEDIMENT CONTROL STORAGE AREA
ON INTERSTATE 70
AT APPROXIMATELY M.P.178.0 -179.0
THIS AGREEMENT is made this day of 2008
by and between the STATE OF COLORADO DEPARTMENT OF TRANSPORTION,
hereinafter referred to as the "State", and THE TOWN OF VAIL, hereinafter referred to
as the "Town".
WHEREAS, the State and Town of Vail hereby agree to construct a Sediment Disposal
Area, hereinafter referred to as the "berm", and as described further in Exhibit A, Scope
of Work;
WHEREAS, said berm will be constructed on the Interstate 70 Right of Way and
Town of Vail owned Tract "A", Vail Village 13th Filing;
WHEREAS, the State and Town agree the construction and or "work" to be performed is
pursuant to a Lease Agreement currently being executed between CDOT and the Town of
Vail;
NOW THEREFORE, it is agreed that:
A. The State shall be responsible for all the labor, materials and equipment to
complete the embankment, traffic control, storm water management, rough
grading, topsoil and seeding of the East Phase as shown on Exhibit B-1.
B. The Town shall be responsible for all the labor, materials, and equipment for
transplanting trees, container planting, and temporary irrigation system on Tract
A.
C. The labor, materials and equipment responsibilities for the West berm, such as
emba.nkment, traffic control, storm water management, rough grading, topsoil and
seeding will be established during the design and volume distribution process.
D. Unless otherwise specifically stated herein, each Party shall be responsible for
operating and maintaining, at no cost to the other Party, those facilities
constructed in its respective Right of Way or Parcel. Neither Party shall cause or
permit any dangerous condition arising from its performance of the operation and
maintenance obligations assigned to it by this Agreement.
E. All "Work" in the State Rights of Way shall be performed pursuant to State
regulations and statutes, where applicable. No "Work" shall be performed in the
State Right of Way without State approval.
Page 1 of 4 pages
F. No "Work" shall be performed in the Town of Vail property without Town
approval.
G. Access through the State Right of Way shall be prohibited without State approval.
H. All landscaping within the State Right of Way shall be funded and completed
using public money. Privately funded projects are forbidden on State Right of
Way.
1. The Town recognizes that the State has, in the State's sole discretion, the right to
modify, or demolish and remove, all, or any portion of the berm in its Right of
Way for any reason.
J. The State recognizes that the Town has, in the Town's discretion, the right to
modify, or deconstruct and remove, the portion of the berm on its Parcel for any
reason as long as it is in compliance with any other Agreement(s) the Town may
have concerning the berm.
K. Both Parties agree that they will provide written notice to the other Party sixty
60) days in advance of any modification and/or demolition. The Parties agree to
attempt to collaborate on any modifications to preserve the integrity of the berm.
L. All labor, material, and equipment costs associated with the modification andJor
demolition to the Right of Way or Parcel shall be at the requesting Party's
expense without any cost or liability to the other party.
M. To the extent authorized by law, the Parties to this Agreement shall hold harmless
the other Party against any and all claims, damages, liability and court awards
including costs, expenses and attorney fees incurred as a result of any grossly
negligent or reckless action of the Party or its employees, agents, sub-contractors,
or assignees in connection with the performance of this Agreement.
N. The berm will be built in phases as indicated on the approved plans. It is
anticipated that the project will take several years to complete.
0. This Agreement may be amended only by a written instrument duly executed by
the Parties or permitted successors. Neither Party may assign or transfer its
responsibilities in this Agreement without the prior written consent of the other
Party.
P. All notices, requests and other communication required or permitted hereunder
shall be in writing and shall be deemed delivered when actually received, or, if
earlier, and regardless whether actually received or not, five (5) business days
after deposit in the United States Mail, First Class, postage prepaid, registered or
certified and addressed as follows:
Page 2 of 4 pages
TO THE STATE TO THE TOWN
Martha Miller Greg Hall
Resident Engineer Public Works Director
Colorado Department of Transportation Town of Vail
714 Grand Avenue P.O. Box 298 1309 Elkhorn Drive
Eagle, CO 81631 Vail, CO 81657
The parties may, by notice prescribed above designate alternate personnel or addresses
for notices, requests and communication.
Nothing in this Agreement sha11 be construed as a waiver of the rights and privileges of
either Party under the Colorado Governmental Immunity Act with respect to third parties.
IN WITNESS WHEREOF, the Parties hereto have executed this contract the day and
year first above written.
STATE OF COLORADO TOWN OF VAIL
BILL RITTER, JR. GOVERNOR
By:
Stan Zemler
Town Manager
By:
For the Executive Director
Colorado Department of Transportation
Pamela Hutton, P.E.
Chief Engineer
ATTEST:ATTEST:
By:BY:
Bernie Rasmussen Lorelei Donaldson
Agreements Program Manager Town Clerk
Page 3 of 4 pages
EXHIBIT A
SCOPE OF WORK
SEDIMENT CONTROL STORAGE I-70 M.P. 178.0 -179.0
08HA300000
CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the
Design and Construction of two berm areas, East and West, on the north side of Interstate
70 at approximate Milepost 178-179. The East berm will be located on CDOT right-of-
way and Tract A and will be used solely by CDOT. The West berm will be located on
CDOT right-of-way, Tract A, and an easement that was granted to the Town of Vail
through a separate agreement with the Bald Mountain Townhome Association and will be
shared between CDOT and Town of Vail.
East Phase
CDOT will be responsible for the design and construction of the East Berm
including environmental, right of way and utility clearances, traffic control, storm
water management, and interim and final seeding.
Total fill approximately 48,000 cubic reserved solely for CDOT
Approximately 20,000 cubic yards will be placed by November 2010 to build an
interim berm on Tract A. See Exhibit B-2.
The remaining volume, approximately 28, 000 cubic yards will be reserved for
CDOT to dispose material for the next 5-10 years.
CDOT will have a MHT plan in place prior to the start of construction each year.
An operational analysis of the traffic impacts caused by the MHT will be
completed each year.
Town to assist CDOT with Town of Vail clearances and Design Review Board
and Town Council approval.
West Phase
Town will be responsible for the design of the West berm including drainage,
utilities, and retaining walls. CDOT will not participate in the cost of the
retaining walls or utility locates other than the water line relocate shown on
Exhibit B. Volume distribution will be determined during the design approval
process.
After the West berm design is approved, the IGA will be reviewed and revised as
necessary to establish responsibilities.
Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will
assist the Town with the CDOT environmental, ROW, and utility clearance.
Town cannot begin constxuction until the design is approved by CDOT.
FHWA will only grant Town access across the A-Line for one construction
season. Prior to granring approval, an operational analysis of the traffic impacts
caused by the MHT will be completed.
An approved MHT plan must be in place prior to the start of construction.
At any time unsafe traffic operations are brought to the attention of CDOT, Town
access across the A-line will be revoked until an appropriate traffic control plan is
developed by the Town and CDOT approval is granted.
Page 4 of 4 pages
COMPREHENSIVE PLAN
it~Notes:
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1. Water line to be relocoted by others. These plans shall not be used for the woter y~~L~ x
line construction or relocation.
2. Embankment and sand shallnot be place on existing or proposed water and sewer i''~•'~i•r` yfD' 100' 200'400'lines. Utility locates shollbe performed prior to the stort of construction.N ~ t•~~''~".a' J "f_;?h
3. Topography prepared by The Lund Partnership, Inc., for the West Voil Pass EA,
September 02, 2006.
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4. Bose Map creoted from a combinotion of sources. Utility, easement and property a.. rinformationaddedbYCDOTtothetoPo9raPhicmoP. Before construction be9ms t ~ l~y;K'x t;Mqallutilities, easements, and property lines shalibe field located.k'~5. Proposed grading shown is approximote. Slight field modifications may occur.r j~ s.x
i v^ A~Y,6. Existing pipes, valves and manholes must be protected during construction,v ~t't r~ ,r0;~, ?k l,~7. Trees, landscape features, and irrigotion to be relocated Cy Town of Vail prior to
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Print Date: 3/28/2008 Sheet Revisians
File Name: 20071_Exhibit B-l.dgn Date:Comments In~t.
Colorado Department of Transportation As Constructed
EXHIBIT B-1
Project No./Code
Horiz. Scale: 1:200 Vert. Scale: 1:200 ~OT 714 Grond Avenue No Revisions:N/A
Eagle Residency Unit Leader MLM Eagle, CO 81631
Revised:Designer:MLM Structure NPhone;970-328-6385 FAX:970-328-2368 A
Detailer.gg Numbers
Region 3 MLM Void:Sheet Subset: Storage Subset Sheeis:1 of 2 Sheet Number B'1
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File Name: 20071_Exhibit B-2.dgn Date;Comments Init.
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Project No./Code
Horiz. Scale; 1:100 Vert. Scale: 1:100 Q OT 714 Grand Avenue No Revisions:N/A
Eagle Residency Unit Leader MLM
phone 9~ 0 3 28 16385 FAX; 970-328-2368 Revised;Designer:MLM/BB Structure N/A
Detailer:gg Numbers
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EXHIBIT 4(A-1"
D A T EXHIBIT C
PROPERTYMGMT. NO.
IGA AGREEMENT NO. 08HA3000
PARCEL NO.
PROPERTY LOCATION: Vail. Colorado_
LEASE AGREEMENT
Vacant Land)
THIS LEASE AGREEMENT, made and entered into this _ day of by and between
The Town of Vail, a Colorado home rule municipality, whose address or principal place of business is
1309 Elkhorn Drive, Vail, Colorado 81657, hereinafter referred to as "Lessor", and THE STATE OF
COLORADO, acting by and through the DEPARTMENT OF TRANSPORTATION hereinafter referred to
as "Lessee".
WITNESSETH:
WHEREAS, as to Lessee, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number C0702-275 16288.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1.PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the Premises,
hereinafter referred to as "Premises", being a portion of Tract A, Vail Village 13'h Filing, containing
approximately 1.3 acres of land as shown on the plat attached hereto, made a part hereof and marked
Exhibit A".
B) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the term
beginning May 1, 2008, and ending December 1, 2018, at and for a monthly rental of $0.00 (see
Paragraph 19 - Additional Provisions).
The Premises is to be used and occupied as a site for the construction of a Sediment Disposal Area,
hereinafter referred to as the "berm°, together with all other uses and activities which are reasonable,
prudent and necessary for the construction of said berm and for no other purposes. Payment shall be
made on the first of each month during the term hereof, to the Lessor at: N/A
Or at such place as Lessor from time to time designates by notice as provided herein, subject to the
limitations and conditions set forth in article 7, Fiscal Funding and article 10, Federal Funding herein.
2.MAINTENANCE OF PREMISES. Lessor shall, unless herein specified to the contrary, maintain
the Premises in good repair and in tenantable condition during the term of this lease, except in the event
of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have
the right to enter the Premises at reasonable times for the purpose of making necessary inspections and
repairs or maintenance.
3.LESSOR'S OWNERSHIP. Lessor warrants and represents itself to be the owner of, or the
authorized representative or agent of the owner of, the leased Premises in the form and manner as stated
herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet,
peaceabie enjoyment and possession of the leased Premises. In the event of any dispute regarding
Lessor's ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof
thereof by delivering to Lessee an "Ownership and Encumbrance Letter" issued by a properly qualified
title insurance company.
4.LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised
Premises, except to a desirable tenant for a similar use and purpose, and will not permit the use of said
Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of
Lessor.
5.APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of
this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this lease to the extent
that this agreement is capable of execution.
6.FISCAL FUNDING. (A) As prescribed by State of Colorado Fiscal Rules, it is understood and
agreed this lease is dependent upon the continuing availability of funds beyond the term of the State's
current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of
Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of
appropriation is a legislative act, and the Lessee hereby covenants to take such action as is necessary
under the laws applicable to the Lessee to timely and properly budget for, request of and seek and
pursue appropriation of funds of the Legislature of the State of Colorado which will permit Lessee to make
all payments required under this lease during the period to which such appropriation shall apply. In the
event there shall be no funds made available, this lease shall terminate at the end of the then current
fiscal year, with no penalty or additional cost as a result thereof to the Lessee.
B) To make certain the understanding of the parties because this lease will extend beyond the current
fiscal year, Lessee and Lessor understand and intent that the obligation of the Lessee to pay the monthly
rental hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's funds
and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or
any agency or department thereof within the meaning of any provision of Sections 1, 2, 3, 4, or 5 of Article
XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable
to the State concerning the creation of indebtedness. Neither the Lessee, nor the Lessor on its behalf,
has pledged the full faith and credit of the State, or any agency or department thereof to the payment of
the charges hereunder, and this lease shall not directly or contingently obligate the State or any agency
or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the
annual rental charges.
C) With Such limitation in mind, Lessee contracts to lease the Premises herein before described and
has reason to believe that sufficient funds will be available for the full term of this lease. Where, for
reasons beyond Lessee's control, Lessee's funding entity does not allocate funds for any fiscal period
beyond the one in which this lease is entered into, or does not allocate funds to continue this lease from
the then current fiscal period, such failure to obtain funds not resulting from any act or failure to act on the
part of Lessee, Lessee will not then be obligated to make the payments remaining beyond Lessee's then
current fiscal period. In such event, Lessee shall notify Lessor of such non-allocation of funds by sending
written notice thereof to the Lessor forty-five (45) days prior to the effective date of termination.
D) The parties hereto further understand and agree that the only funds that have or may be so
appropriated and available for payment under this lease in any one particular fiscal year are for the
purpose and in an amount sufficient only to pay the rental charges provided for in article 1 above.
Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other
charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant to this lease
1
against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and
otherwise made available through the said State of Colorado legislature process.
7.COMPLETE AGREEMENT. This lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
8.CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
lease are for identification only, and shall be disregarded in any construction of the lease provisions. All
of the terms of this lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this lease shall remain in full force and effect.
9.FEDERAL FUNDING. In the event that any or all funds for payment of this lease are provided by
the Federal Government, this lease is subject to and contingent upon the continuing availability of Federal
funds for the purposes hereof, and if such funds are not made available this lease may be unilaterally
terminated by the Lessee at the end of any month provided a ninety (90) day advance notice of
termination is given to the Lessor in writing.
10. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
11. NO VIOLATION OF LAW. The signatories hereto aver that they are familiar with 18-8-301, et
seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as
amended, and that no violation of such provisions is present.
12. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until it has been
approved by the Chief Engineer, or such assistant as he may designate.
13. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter
provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with
sufficient postage attached thereto:
LESSOR:LESSEE:
The Town of Vail Colorado Department of Transportation
Attn: Mr. Greg Hall Attn: Ms. Marcella Broussard
1309 Elkhorn Drive 15285 S. Golden Road, Building 47
Vail, Colorado 81631 Golden, Colorado 80401
Notice of change of address shall be treated as any other notice.
14. HOLDING OVER. If Lessee shall fail to vacate the Premises upon expiration or sooner
termination of this lease, Lessee shall be a month-to-month Lessee and subject to all the laws of the
State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued
occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination.
Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior
to termination of this holdover tenancy.
15. LESSEE LIABILITY EXPOSURE. Notwithstanding any other provision of this lease to the
contrary, no term or condition of this lease shall be construed or interpreted as a waiver of any provision
of the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S. as now or hereafter amended.
2
The parties hereto understand and agree that liability for claims for injuries to persons or property arising
out of the negligence of the State of Colorado, its departments, institutions, agencies, .
R.S
boards,
as nowaor
a n d e m p l o y e e s is controlled and limited by the provisions of 24-10-101, et seq., C
hereafter amended and 24-30-1501, et seq., C.R.S., as now or herea fter amen d e d. A n y p r o v i s i o n o f t h i s
lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified
so as to limit any liability of the Lessee to the above cited laws.
16. SECURITY DEPOSIT. Lessee shall not be required to remit a security deposit to Lessor.
17. LESSEE'S INSURANCE. Lessee shall at its sole cost and expense, obtain insurance on its
inventory, equipment, and all other personal property located on the leased Premises against loss
resulting from fire or other casualty. The Lessee shall have the right to provide such insurance under a
self-insurance program, or, at any time during the term of this lease, to provide such insurance through an
insurance company. With respect to general liability, the Lessor recognizes that the Lessee is self
insured for general liability in accordance with the provisions of the Colorado Governmental Immunity Act
and the Colorado Risk Management Act, 24-30-1501, et seq., C.R.S., as amended.
18. LESSORNENDOR OFFSETS NOTICE. Pursuant to 24-30-202.4 C.R.S., (as amended), the
state controller may withhold debts owed to state agencies under the vendor offset intercept system for:
a) unpaid child support debt or child support arrearages, (b) unpaid balance of tax, accrued interest, or
other charges specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan division of
the department of higher education; d) owed amounts required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of
which is found to be owing as a result of final agency determination or reduced to judgement as certified
by the controller.
19. ADDITIONAL PROVISIONS.
a) The parties have entered into this Lease Agreement to fulfill the obligations of an
Intergovernmental Agreement made between Lessor and Lessee on the day of
20_, pertaining to the construction of the berm. Construction of the berm
by Lessee shall be considered full, fair and complete rent for the Premises during the term of
this Lease.
b) In the event Lessee performs as required pursuant to this Lease Agreement and as part of
the consideration for the construction of the berm described in the Intergovernmental
Agreement, Lessor agrees to give and grant to Lessee an option to extend the term of this
Lease for 5 additional years, commencing on December 1, 2018 and expiring on December
1, 2023, upon the same terms and conditions of this Lease Agreement. In order to exercise
the option to extend the term of this Lease, Lessee shall give written notice to Lessor of its
intention to exercise the option to extend no later than October 1, 2018.
3
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSOR:
Full Legal Name)
If Corporation)BY
Attest (Seal)Name)
Title
Secretary Federal Tax Identification NumberBy
Lessor's signature must either have an attest if corporation or their signature must be notarized).
STATE OF COLORADO
ss
COUNTY OF
The foregoing instrument was subscribed and sworn to before me this day of bY
Witness my hand and official seal.
My commission expires
Notary Public
Address
LESSEE:
ATTEST:STATE OF COLORADO
Bill Ritter, Governor
Acting by and through
The Department of Transportation
By By
BERNHARDT K. RASMUSSEN Pamela Hutton, P.E.
Chief Clerk for Right of Way Chief Engineer
4
EXHIBIT
LEASE
DATE: April 4, 2008
DESCRIPTION
A Lease to the Department of Transportaaon, State of Colorado, containing 98~108 sq. ft. (2•252
acres), more or less, in Section 3, Township 5 South, Range 80 West, of the 6 Principal
Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as
follouvs:
Commencing at a point, where the north right of way of Interstate 70 intersects the west right of
way line of Mountain Road (Vail Village, Thirteenth Filing), thence along said north right of way
line of Interstate 70 the following three courses;
1. Thence S. 81 °07'45" W., a distance of 48.79 feet,
2. Thence S. 43°40'33" W., a distance of 151.00 feet,
3. Thence on the arc of a curve to the left, a radius of 5,880.00 feet, a central angle of 01°52'41",
a distance of 192.75 feet, (a chord bearing S. 88°55'42" W., a distance of 192.74 feet)
to the TRUE POINT OF BEGINNING; .
1. Thence leaving said right of way N. 09°16'30" W., a distance of 121.50 feet,
2. Thence N. 30°31'45" W., a distance of 78.30 feet,
3. Thence N. 78°06'30" W., a distance of 96.30 feet,
4. Thence S. 72°52'16" W., a distance of 265.75 feet to a comer on the northerly boundary of
Tract A, Vail Village, Thirteenth Filling,
5. Thence along said boundary, S. 80026'18" W., a distance of 169.20 feet,
6. Thence leaving said boundary, S. 04°13'00" E., a distance of 148.22 feet, to the north right of
way line of Interstate 70,
7. Thence along said right of way, on the arc of a curve to the right, a radius of 5,880.00 feet, a
central angle of 05°30'43", a dfstance of 565.68 feet, (a chord bearing N. 85°13'S8" E., a distance
of 565.46 feet), more or less, to the TRUE POINT OF BEGINNING.
The above described Leased Premises contains 98,108 sq. ft. (2.252 acres), more or less.
The purpose of the above-described Leased Premises is for the construction and maintenance of
a berm.l '
Basis of Beanngs: All bearings are based on the north right of way line of Interstate 70 be,tv,.-n.~
stations 18+00 and 19+54.0 being S. 81°07'45" W.r~Q~;......•
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