HomeMy WebLinkAbout20082929.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION,
MAINTENANCE,AND USE OF A PARKING LOT FACILITY AND AUTHORIZE CHAIR TO
SIGN - CITY OF GREELEY
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
Construction, Maintenance, and Use of a Parking Lot Facility located west of 11th Avenue, East
of Island Grove Park, and north of"D" Street, in Greeley, Colorado, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
City of Greeley, commencing upon full execution of said agreement, and ending March 7, 2027,
for the hours of 7:30 a.m., through 5:30 p.m., Monday through Friday, with further 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 Construction, Maintenance,and Use
of a Parking Lot Facility between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and the City of Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: iAndu
am H. Jerke, Chair
Weld County Clerk to the "' 1\
(( ' .\\, 1 Robert D. a n, Pro Tem
BY: /
Deputy Cler the Board
ill' F. Garcia
APPROVED AS TO F RM: JJ
David E. Long
/County Attorney
afrAd7 Dougla Rademach r
Date of signature:
2008-2929
BC0038
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INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY, COLORADO,
AND THE CITY OF GREELEY, COLORADO, FOR CONSTRUCTION,
MAINTENANCE AND LEASE OF A PARKING LOT FACILITY LOCATED WEST OF
11TH AVENUE, EAST OF ISLAND GROVE PARK AND NORTH OF"D" STREET IN
GREELEY, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made this?day of
, 2008, by and between the CITY OF GREELEY, COLORADO (hereinafter
referred to as the "City") and the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, COLORADO (hereinafter referred to as the"County") for the
construction, maintenance, and use of a proposed parking lot facility located within the City of
Greeley, Colorado.
WHEREAS, the City and the County recognize the need to address a shortage of parking
facilities near the Human Services Complex located adjacent to Island Grove Regional Park; and
WHEREAS, the parties hereto previously entered into an intergovernmental agreement
for the construction, maintenance and use of parking facilities located immediately next to the
Human Services Complex and south of"D" Street; and
WHEREAS, the County agrees to initially construct and thereafter maintain another
parking lot on City property, located north of"D" Street and described in Paragraph 4, below
("Parking Lot"), beginning upon the execution of this IGA and continuing thereafter until
March 7, 2027 ("Lease Term"), in exchange for the right of the County to use Parking Lot for
parking purposes from 7:30 a.m., to 5:30 p.m., Monday through Friday; and
WHEREAS, the parties agree the City shall have use of Parking Lot at all other times,
and at times specifically agreed to between the parties; and
WHEREAS, the City and County now desire to reduce their agreement to writing for the
construction, maintenance, and lease of Parking Lot.
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE ADEQUACY OF WHICH IS
ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS:
1. Construction and Maintenance of Parking Lot. The County shall initially
construct and thereafter maintain, at its sale cost and expense, a parking lot on the City property
legally described in Paragraph 4, below ("Parking Lot"), in accordance with City of Greeley
standards stated herein, for the lease term granted in Paragraph 3, below.
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2. Ownership of Parking Lot. The parties agree that sole ownership of the Parking
Lot and its improvements are owned by the City, and the County has no legal or equitable
ownership in the same, except for the lease interest granted herein.
3. Lease of Parking Lot; Termination. The City hereby leases Parking Lot to the
County, beginning upon the execution of this IGA and continuing thereafter until March 7, 2027,
to use for parking purposes, from 7:30 a.m., to 5:30 p.m., Monday through Friday, in exchange
for the County constructing and maintaining Parking Lot to the satisfaction of the City. The
parties agree that the City may, after consultation with the County, terminate the lease in the
event the County does not reasonably construct or maintain Parking Lot, as required herein.
4. Property. The property on which the construction and maintenance of the
Parking Lot and leasehold occurs is legally described as follows:
The South 105 feet of the East 104 feet of Lot 11, the South 105
feet of the West 196 feet of Lot 12, the North 80 feet of the West
196 feet of Lot 13, the North 80 feet of the East 104 feet of Lot 14
all in Block 179, Town of Greeley, together with adjacent vacated
right-of-way for North 11th Avenue, City of Greeley, Weld
County, Colorado. Said property contains approximately 1.55
acres, more or less, and as depicted on Exhibit"A" attached hereto.
5. Standards for Construction and Maintenance of Parking Lot Facility. The
County shall construct and maintain the parking lot facility in accordance with Sections 18.42,
18.44.070, 18.38.020(i), 18.40.050, 18.40.110, 18.20.030, 18.16.030, and 18.16.040 of the City
of Greeley Development Code Standards, including construction and maintenance of appropriate
ingress and egress, landscaping, lighting and stormwater detention.
6. Compliance with City Ordinances. It is expressly understood and agreed that
the County shall apply to the Department of Community Development and pay for all applicable
permits required for the construction of the Parking Lot in compliance with any and all City
Ordinances.
7. Severability. If any term or condition of this IGA shall be held to be invalid,
illegal, or unenforceable, this IGA shall be construed and enforced without such provision to the
extent that this IGA is then capable of execution within the original intent of the parties hereto.
8. No Third Party Beneficiary Enforcement. It is expressly understood and
agreed that the enforcement of the terms and conditions of this IGA, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this IGA shall give or allow any claim or right of action whatsoever by any other person not
included in this IGA. It is the express intention of the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this IGA shall be an incidental
beneficiary only.
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9. Modification and Breach. This IGA contains the entire agreement and
understanding between the parties to this IGA 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 IGA 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 tenn, provision, or clause of this IGA 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 breach.
IN WITNESS WHEREOF the parties have signed this IGA the date heretofore stated.
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CITY OF GREEL Y,COLORADO BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
6 9/ 7;„ ` J i It4'J
Mayor William H. Jerke Chair im f rfi1
ATTEST: ATTEST: �� ��• '
City Clerk l Deputy Clerk t. t e Board
APP VEDAS TO SUBSTANCE:
city lylata r
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A ROVED A TO L • • L FORM: APPROVED AS TALE FORM:
City At ! County.Attorney
AVAILABILITY OF FUNDS:
Director o Fi ce
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PARCEL NORTH 11th AVENUE AREA °i°'"'er
PROPOSED PARKING LOT ;' ' ;Lim?: =time:,MMtows
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City of Greeley, Colorado
RESOLUTION NO. 64 , 2008
A RESOLUTION ALLOWING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND THE CITY OF GREELEY, COLORADO, FOR
CONSTRUCTION, MAINTENANCE AND LEASE OF A PARKING LOT
FACILITY LOCATED WEST OF 11 TH AVENUE, EAST OF ISLAND GROVE
PARK AND NORTH OF "D" STREET IN GREELEY, COLORADO.
WHEREAS, the City and the County recognize the need to address a
shortage of parking facilities near the Human Services Complex located adjacent to
Island Grove Regional Park; and
WHEREAS, the parties hereto previously entered into an intergovernmental
agreement for the construction, maintenance and use of parking facilities located
immediately next to the Human Services Complex and south of"D" Street; and
WHEREAS, the County agrees to initially construct and thereafter maintain
another parking lot on City property, located north of"D" Street and described in
Paragraph 4, below ("Parking Lot"), beginning upon the execution of this IGA and
continuing thereafter until March 7, 2027 ("Lease Term"), in exchange for the right
of the County to use Parking Lot for parking purposes from 7:30 a.m. to 5:30 p.m.,
Monday through Friday; and
WHEREAS, the parties agree the City shall have use of Parking Lot at all
other times, and at times specifically agreed to between the parties; and
WHEREAS, the parties are desirous to enter into an agreement for the above
purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
GREELEY, COLORADO, AS FOLLOWS:
1. The City Council hereby authorizes the Mayor to enter into an
Intergovernmental Agreement with Weld County, Colorado
for the construction, use and maintenance of a parking facility,
attached hereto as Exhibit A.
2. Staff is authorized to amend the intergovernmental agreement
as to hours or days of the week to further the intent of the
parties without returning to amended agreement to City
Council for approval of the amendment.
3. The resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 4th DAY
OF November , 2008.
ATTEST:
r--
(� t�eo ) BY: �`
CITY C4RK MAYOR
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