HomeMy WebLinkAbout20112653 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF
COUNTY ROAD 12.5 ADJACENT TO TOWN OF HUDSON AND AUTHORIZE CHAIR
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
Improvement of County Road 12.5 Adjacent to the Town of Hudson among the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, the Town of Hudson, and the Colorado Department
of Transportation (CDOT), commencing upon full execution, with terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the Improvement of County
Road 12.5 Adjacent to the Town of Hudson among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Works, the Town of Hudson, and the Colorado Department of Transportation (CDOT),
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
\Irc nC t
1O -1O-11 2011-2653
EG0064
INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF COUNTY ROAD 12.5
ADJACENT TO TOWN OF HUDSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE}.D COUNTY, C LORADO
/
ATTEST: flAL /0C-Aitti
rbara Kirkmeyer, hair
Weld County Clerk to the Board -- -
.tv' P. C Pro-Tem
BY: 1"r' ? ` i1/42
Deputy CI 'k to the Board`r
® P A VI F. Qrcia,C
AP ED FORM: kr 2rJ \
David E. Long
Co my Attorney
r
ouglaS Rademache
Date of signature: 1O-IK' I I
2011-2653
EG0064
INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF WCR 12.5
ADJACENT TO THE TOWN OF HUDSON, COLORADO
THIS AGREEMENT is entered into this day of , 2011, by and
between the Town of Hudson, a municipal corporation of the State of Colorado, whose address is
557 Ash Street, P.O. Box 351, Hudson, Colorado 80642-0351, hereinafter referred to as
"Town;"the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address is 915 10th Street, P.O.
Box 758, Greeley, Colorado 80632, hereinafter referred to as "County;" and the Colorado
Department of Transportation, whose address for purpose of this agreement is CDOT Region 4,
1420 2nd Street, Greeley, CO 80537, hereinafter referred to as "CDOT."
WITNESSETH:
WHEREAS, Town, County, and CDOT agree that there exists a need for improvements
to the intersection of the 1-76 Frontage Road, Colorado State Highway ("Hwy") 52, Weld
County Road ("WCR") 12.5, and WCR 43.5 (also known as "Hickory Street), and
WHEREAS, Town desires to annex that portion of WCR 12.5 between the Frontage
Road and Cedar Street upon payment of the sum of$100,000 from County to Town to pay for
improvements for said stretch of WCR 12.5, and
WHEREAS, CDOT desires to close the access to Hwy 52 from the frontage road in
exchange for new access from a new roadway to extend in a southwesterly direction from WCR
12.5 and connecting to Hwy 52 perpendicularly, as shown on the plan dated February 15, 2011,
which is attached hereto as Exhibit"A," and incorporated herein by this reference, and
WHEREAS, Town agrees to accept said ownership and maintenance responsibilities
upon completion of the improvements contemplated herein and upon execution of the quit claim
deed for said portion of WCR 12.5 by County, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § I 8(2)(a).
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
herein, the parties hereto agree as follows:
1. TERM; SEQUENCE OF EVENTS:
a.. The term of this Agreement shall be from the date first written above to
and until such time as: a) the improvement project is completed, and b) the
reimbursement amount, as described in Subparagraph 3.a., below, is paid by
County to Town.
Page 1 of 4 Pages
2011-2653
b. The sequence of the obligations described below shall be as follows:
(i) the County shall quitclaim that portion of WCR 12.5, (ii) the Town
shall annex the same portion of WCR 12.5, (iii) the Town shall contract
for the construction of improvements contemplated below contingent upon
receipt of funds from the County and CDOT, (iv) the County and CDOT
shall provide their respective contributions to the Town described below;
and (v) the Town through its contractor shall cause the improvements to
be constructed.
2. COUNTY AGREES:
a. To pay to Town the sum of $100,000 to be used for the purpose of
improving and paving WCR 12.5, from its intersection with the I-76
frontage road to its intersection with Cedar Street. Said sum shall be paid
to Town upon County receiving information that Town has contracted for
the work to perform said improvements and paving.
b. To participate with Town in petitioning for annexation of that stretch of
WCR 12.5 to be quitclaimed to and annexed by Town.
c. To vacate that stretch of WCR 12.5 from its intersection with WCR 43.5
westerly to its intersection with Hwy 52.
3. TOWN AGREES:
a. To contract for improvements and paving of WCR 12.5, from its
intersection with the I-76 frontage road to its intersection with Cedar
Street ("WCR 12.5 Stretch"), and to accept and segregate the $100,000
paid by County, as set forth above, and to be used exclusively for the
purpose of completing said improvements and paving.
b. To annex the WCR 12.5 Stretch.
c. To arrange for the construction of the tie-in of WCR 12.5 to Colo. State
Highway 52 ("Highway 52 Tie-In") at a perpendicular intersection,
without reimbursement by County, as shown on Exhibit A, and
improvements to Hwy 52 as shown on Exhibit B, attached hereto and
incorporated herein by this reference (the"Hwy 52 Improvements").
d. To vacate that stretch of WCR 12.5 from its intersection with WCR 43.5
easterly to its intersection with the Highway 52 Tie-In.
Page 2 of 4 Pages
4. CDOT AGREES:
a. Upon completion of the improvements to the WCR 12.5 Stretch and the
construction of the Highway 52 Tie-In, to close the current access for
WCR 12.5 to Hwy 52.
b. To pay to Hudson, annually, that portion of road maintenance funds
typically spent by CDOT to maintain the Frontage Road Stretch.
c. To pay to Hudson the lump sum amount of $298,000 upon notice from
Hudson that Hudson has executed a contract for construction of the Hwy
52 Tie-in and the Hwy 52 Improvements.
5. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH:
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of
this Agreement shall be deemed waived or excused, unless such waiver or consent
shall be in writing and signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shall not constitute a consent to, waiver of, or excuse
for any other different or subsequent breach.
Page 3 of 4 Pages
IN WITNESS WHEREOF, the parties hereto have signed this Amendment this /Z) day
of et/0kr , 2011.
ATTEST: ' �� COUNTY OF WELD, a political
Weld County Clerk to the Bo subdivision of the State of Colorado
1/42
By: ] '//i./ L iit %, B i L1,-/1< ^—
Deputy Cle to the Boar " / 'f� � Barbara Kirkmeyer, Chair
Board of County Commi 1ssibttCf s 0 2011
ON OF ly�O '� of the County of Weld
S
ATTEST: O2 TOWN OF HUDSON, a municipal
SEALcorporation of the State of Colorado
7 QO
B C� BY:
Linnette B n Clerk Neal Pontius, Mayor
COLORADO DEPARTMENT OF
TRANSPORTATION
By:
Title:
Page 4 of 4 Pages
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