HomeMy WebLinkAbout20081604.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING STORM WATER
DRAINAGE SERVICE AND AUTHORIZE CHAIR TO SIGN - TOWN OF FREDERICK
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
Regarding Storm Water Drainage Service between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Town of Frederick,
commencing upon full execution, 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 ay reference.
NOW, THEREFORE, BE IT RESOLVED by tie Board of County Commissioners of Weld
County,Colorado,that the Intergovernmental Agreement Regarding Storm Water Drainage Service
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Town of Frederick 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 riotion duly made and seconded, adopted by
the following vote on the 4th day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
4 , " WELD COUNTY, COLORADO
ATTEST: 1441
m H. Jerke, Chair
Weld County Clerk to the O
Rob rt �' Pro-Tem
BY: P.
Deputy Cler o the Board
W' m F. Garcia
ETh
APPR VED AS T ts9f?M:
Davi E. Long
County A orney EXC SED
��� Dou las Rademacher
�/Date of signature: S
2008-1604
('C : rtoctut .Ck BC0038
INTERGOVERNMENTAL AGREEMENT
REGARDING STORM WATER DRAINAGE SERVICE
1. PARTIES. The parties to this Intergovernmental Agreement Regarding Storm Water
Drainage Service ("Agreement") are the WELD COUNTY. COLORADO, ("County") and the
TOWN OF FREDERICK, a Colorado municipal corporation ("Town").
2. RECITALS AND PURPOSES.
2.1 General. St. Vrain Sanitation District ("District") entered into a DISSOLUTION
AGREEMENT with the Weld County Tri-Area Sanitation District ("Tri-Area") on August 15,
2007 in which the "duties, functions and liabilities" of Tri-Area were transferred to the
District. These functions included storm sewer services as more fully defined in the
DISSOLUTION AGREEMENT at sections 2.2.5, 2.2.9, 3.2, 3.4, 4.2, 5.1 and 5.4.
2.2 Agreement with the County. Tri- Area entered into an Intergovernmental
Agreement with County on`N 3 c , t7°\, \' to provide storm sewer services to areas in
Weld County including the unincorporated area know as Evanston situated between the
towns of Frederick and Firestone.
2.2 PURPOSE. The purpose of this Agreement is to allow the County to transfer to
the Town the responsibility for storm sewer services for the area known as Evanston as
more further defined on Exhibit A which is attached hereto and made a part hereof. For
purposes of this Agreement, these parcels lying within such area shall be referred to as
"Subject Property." Accordingly, in consideration of the mutual covenants and agreements
set forth herein, the parties agree to the following provisions, terms, and conditions.
3. TERM. In recognition of the need for long range planning, and the cost and expense
of capital construction and maintenance, this agreement shall be effective upon its
execution by both parties and continue in perpetuity, unless sooner terminated by either
party upon giving written notice to the other party at least 180 days prior to the expected
date of termination.
4. CONTINUATION OF SERVICE. Storm water service, including all fees, charges,
assessments, and all other fees and charges of the Town shall be in accordance with the
Town's applicable ordinances, resolutions and Town Code.
5. MAINTENANCE, BILLING. The Town shall be solely responsible for construction,
installation and maintenance of all of the storm water facilities within the Subject Property
pursuant to its applicable ordinances, resolutions and Town Code. The Town shall also be
solely responsible for its billings and collections of its receipts for all of its customers lying
within the Subject Property.
6. CAPITAL IMPROVEMENTS. Notwithstanding the termination provisions in Section 3
above, in the event the Town constructs any capital improvements for storm water services
within the "subject property" and if there is debt associated with the improvements, this
agreement shall remain in full force and effect until the debt is satisfied.
Frederick/Weld County Stonn Water IGA v.2 1
Weld County Intergovernmental Agreement
Storm Water Drainage Authority
June 10, 2008
7. INDEMNIFICATION.
7.1. To the extent permitted by law, each party agrees to indemnify and hold
harmless the other party, (including that party's officers, employees, agents, and servants)
and to pay any judgments rendered against said party or persons because of any suit,
action, or claim asserted by any third party that is caused by, arising from, or due to the acts
or omissions of the indemnifying party, its officers, employees, agents, consultants,
contractors, and subcontractors, and to pay to the indemnitee or indemnitees their
reasonable expenses, including, but not limited to, reasonable attorneys' fees, court costs,
and reasonable expert witness fees, incurred in defending any such suit, action or claim;
provided, however, that parties' respective obligation shall not apply to the extent said suit,
action or claim results from any acts or omissions of the indemnified party (including its
officers, employees, agents or servants).
7.2. Nothing in this Agreement shall be construed as a waiver by either party of
any rights, immunities, privileges, monetary limitations to judgments, or defenses available
to the parties by the Colorado Governmental Immunity Act, C.R.S. §24-10-101, et seq., as it
may be amended from time to time.
8. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the
benefit of and be binding upon successors and assigns of the Town and the County.
9. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
10. NOTICE. Any notice, consent, authorization or other action which either party is
required or may desire to give to the other party pursuant to this Agreement shall be
effective and valid only if in writing, signed by the party giving such notice, and delivered to
the other party, or sent by registered or certified mail of the United States Postal Service,
return receipt requested, postage or delivery charges prepaid, addressed to the other party
as follows:
For the Town:
Town Clerk Richard E. Samson, Town Attorney
P.O. Box 435 Samson, Pipis & Marsh, LLC
401 Locust Street P.O. Box 1079
Frederick, Colorado 80516 255 Weaver Park Road, Suite 200
Longmont Colorado, 80501
For the County:
Clerk to the Board
Weld County
P.O. Box 758
915 10th Street
Z:\Fred\SVSD Storm water IGA v.3 2
Weld County Intergovernmental Agreement
Storm Water Drainage Authority
June 10, 2008
Greeley, CO
Or, to such other address or the attention of such other person(s) as hereafter designated in
writing by the applicable parties in conformance with this procedure. Notices shall be
effective upon mailing or personal delivery in compliance with this paragraph.
11. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the
parties. There are no promises, terms, conditions, or obligations other than those contained
herein; and this Agreement shall supersede all previous communications, representations,
or agreements, either verbal or written, between the parties hereto. Except as provided
herein there shall be no modifications of this Agreement except in writing, executed with the
same formalities as this instrument. Subject to the conditions precedent herein this
Agreement may be enforced in any court of competent jurisdiction.
12. MODIFICATION AND WAIVER. No modification of the terms of this Agreement shall be
valid unless in writing and executed with the same formality as this Agreement, and no
waiver of the breach of the provisions of any section of this Agreement shall be construed as
a waiver of any subsequent breach of the same section or any other sections that are
contained herein.
13. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising
under or related to this Agreement, the parties shall use their best efforts to settle such
dispute or claim through good faith negotiations with each other. If such dispute or claim is
not settled through negotiations within 30 days after the earliest date on which one party
notifies the other party in writing of its desire to attempt to resolve such dispute or claim
through negotiations, then the parties agree to attempt in good faith to settle such dispute
or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of
Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then
under the auspices of a recognized established mediation service within the State of
Colorado. Such mediation shall be conducted within 60 days following either party's written
request therefore. If such dispute or claim is not settled through mediation, then either
party may initiate a civil action in the County Court for Weld County.
14. ATTORNEY FEES. In the event that either party finds it necessary to retain an
attorney in connection with a default by the other as to any of the provisions contained in
this Agreement, the defaulting party shall pay the other's reasonable attorney's fees and
costs incurred in enforcing the provisions of this Agreement.
15. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this
Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portion hereof.
16. COUNTERPARTS. This Agreement may be executed in several counterparts and, as
so executed, shall constitute one Agreement, binding on all the parties even though all the
parties have not signed the same counterpart. Any counter part of this Agreement which
Z:\Fred\SVSD Storm water IGA v.3 3
Weld County Intergovernmental Agreement
Storm Water Drainage Authority
June 10, 2008
has attached to it separate signature pages, which altogether contain the signatures of all
the parties, shall be deemed a fully executed instrument for all purposes.
DATED: June 10 2008.
WELD COUNTY TOWN F ERIC
By a-r____—
William H. Jerke, air ;:` .\
Weld County Board o Ctil
.ltp.th 1c )\ Eric E. Doering, Mayor
�J: �,��� as04/2t3, ' i_I/ ATTEST:
ATTEL�7Md,��'vv J
Weld County Clerk to t d,1. ->
Nanette S. Fornof, Town Cler §
BY: /t�t�ICl s . .�'' t i
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Deputy Cler to the Board e.)
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Town of Frederick, Planning Department, 401 Locust Street, Frederick, CO 80501
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TOWN OF FREDERICK
401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435
nl PHONE: (303) 833-2388 • FAX: (303) 833-3817
WEBSITE: WWW.FREDERICKCO.GOV
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Town Clerk Department
June 19, 2008
Clerk to the Board
Weld County
PO Box 758
Greeley, CO 80632
Dear Clerk,
Enclosed are two copies of the Intergovernmental Agreement Regarding Storm Water Drainage
Service that require signature. Please return one original to our office for our records.
If you have any questions or concerns, please feel free to contact me.
Thank you,
Lisa Andrews
Deputy Town Clerk
Enclosures:
Intergovernmental Agreement Regarding Storm Water Drainage Service
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