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Home My WebLink About20071451.tiff RESOLUTION RE: APPROVE FIRST AMENDMENT TO ESTABLISHING CONTRACT AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN RAIL AUTHORITY 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, by Resolution #2007-0599, dated March 7, 2007, the Board approved the Addendum to the Contact Establishing the Rocky Mountain Rail Authority, and WHEREAS, the Board has been presented with a First Amendment to the Establishing Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Rocky Mountain Rail Authority, commencing upon full execution, with further terms and conditions being as stated in said amendment, and WHEREAS,after review,the Board deems it advisable to approve said amendment, 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 First Amendment to the Establishing Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Rocky Mountain Rail Authority be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEL LINTY, CF DO ATTEST: 1i,/ /� ei /I �•,, -` avid E. Long, Chair Weld County Clerk to th •- • `� 5 — By: ,&4UA� ./unI t+'� ' .°! �� em uty dirk to the B•-rd + '� William F. Garcia APP D AS EXCUSED Robert D. Masden unty Attorney Ez.00 4,� Douglas Rademacher Date of signature: '15i t 7 d 2007-1451 BC0037 e� f• 12�!'4 (Pm) I6Lui oe-ort;-off First Amendment to the Establishing Contract For The Rocky Mountain Rail Authority Recitals Whereas, Clear Creek County and the Town of Monument entered into an intergovernmental Agreement("the Agreement") effective November 20, 2006, which created the Rocky Mountain Rail Authority; and Whereas,pursuant to Section 1.05 of that agreement, the Town of Castle Rock and the Roaring Fork Transportation Authority signed addenda, thereby joining the Rocky Mountain Rail Authority as members; and Whereas, the members of the Rocky Mountain Rail Authority wish to amend their original agreement; and Whereas, the intention of the members is that the original intergovernmental agreement signed by the members remain in effect except with regard to the following changes: Amendments A. Section 1.05 of the Agreement shall be amended to state as follows: 1.05 Members. Members of the Authority shall initially be Clear Creek County and Town of Monument, upon their respective execution of this Contract. 5.1 Only political subdivisions of the State of Colorado and the State of Colorado, through its agencies,may become Members of the Authority. Additional Members may join the Authority by execution of addenda to this Contract. The addenda may specify any financial contribution to be made by the member jurisdictions. 5.2 All financial contributions promised by member jurisdictions are subject to each jurisdiction's annual appropriation and any applicable TABOR spending restrictions. 5.2 Individual member jurisdictions are not liable for the financial obligations of the Authority. Page 1 of 3 a'eo%-/Y5/ B. Section 1.18 of the Agreement regarding enforcement is hereby repealed and is replaced by the following Section 1.18. 1.18 Counterpart Execution. A copy of this document may be executed by each party, separately, each copy of which shall be deemed an original, and when each party has executed a copy thereof, such copies taken together shall be deemed to be one and the same instrument and a full and complete Contract between the parties. [The remainder of this page is intentionally left blank.] Page 2 of 3 Effective November 20, 2006 and executed this 21st day of may , 2007, at a regularly scheduled meeting of the Weld County Board of County Commissioners. WELD COUNTY By and through its Board of County Commissions TTESLaw/r/aiea By: tr'kclet((Oat Chairman David E. n � �e °i. Cler ire the Bo: d 05/ 7�ia,�� „ :. APPRO AS T • Co y tt rney Page 3 of 3 Page 2 of 2 Cc: Kristen S. Butler Subject: RMRA IGA Hi Vicki. Someone may have contacted you with this information already, and I apologize if that is the case. I received the Weld County IGA joining the RMRA. Unfortunately, it looks like they signed an older version of the addendum. Since that older addendum was provided, the members signed a First Amendment. To officially be a member of the RMRA, Weld County will need to agree to the terms of the First Amendment as well. I have attached that First Amendment here for you to forward to the appropriate people for consideration and approval. Thank you and please let me know if you have any questions. Paige L. Mackey Icenogle, Norton, Smith & Blieszner, P.C. 821 17th Street, Suite 600 Denver, Colorado 80202 Phone: (303) 292-6400 ext. 206 Fax: (303) 292-6401 E-Mail: pmackey@insbcolorado.com CONFIDENTIALITY NOTICE This message and the accompanying documents are intended only for the use of the individual or entity to which they are addressed and may contain information that is privileged,confidential and exempt from disclosure under applicable law. If the reader of this message and the accompanying documents is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone(303-292-6400)or by electronic mail (info@insbcolorado.com). Thank you. 5/16/2007 Message Page 1 of 1 Don Warden From: Harry Dale [hjd173@wispertel.net] Sent: Friday, June 01, 2007 8:42 PM To: Douglas Rademacher; William Garcia; Don Warden; Vicky Sprague Cc: Paige L. Mackey; Bob Briggs Subject: RMRA First Amendment Attachments: RMRA IGA First Amend 04-03-07 p1m0429.doc As discussed at the RMRA Board meeting today, we are still in need of a signed First Amendment from Weld County. Please work with Paige to take care of this last bit of paperwork at your earliest convenience. Thanks! Harry 6/4/2007 N c/o Harry Dale, Chair Bob Briggs, President Clear Creek County 5725 W. 115th Avenue, 405 Argentine St. Westminster, CO 80020 P.O. Box 2000 Georgetown, Colorado 80444 ' • ange its address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 13. HEADINGS. The headings and captions in this Contract are intended solely for the convenience of reference and shall be given no effect in the construction or interpretation of this Contract. 14. CONTROLLING LAW. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado. 15. NO WAIVER. No waiver of any of the provisions of this Contract shall be deemed to constitute a waiver of any other of the provisions of this Contract, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 16. BINDING CONTRACT. This Contract shall inure to and be binding on the heirs, executors, administrators, successors, and assigns of the parties hereto. 17. ENTIRE CONTRACT. This Contract constitutes the entire agreement between the parties and set forth the rights, duties, and obligations of each to the other as of this date. Any prior agreements,promises, negotiations, or representations not expressly set forth in this Contract are of no force and effect. 18. SEVERABILITY. The invalidity or unenforceability of any portion or previous version of this Contract shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Contract and the balance of this Contract shall be construed and enforced as if this Contract did not contain such invalid or unenforceable portion or provisions. 19. COUNTERPART EXECUTION. This Contract may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 20. CONTRACT MODIFICATION. The Contract Documents may not be amended, altered, or otherwise changed except by a written agreement between the parties. (Remainder of page intentionally left blank.) 5 B` \\ 11 u t / Rocicy�Mountain BRIGGS Auulhoo tlyy ^w Y Executive Director ° 303.427.8132 www.RangerXpress.cam / , It i110 5729 W 115th Ave SERNd r Westminster CO 80020.6806 if Cell 3034814141 E-mail:bob.briggserangerxpress.com Age (1,11;(4 y`° t\v,, BERNIE ZIMMER Colorado Rail Association President 303.506-5332 C 1 www.RangerXpress.com dEpi1 ! 8174 So Holly Street#137 Centennial,CO 80122 E-mail:rangencpress105@aol.com k9;1 Message Page 1 of 1 Don Warden From: Paige L. Mackey [PMackey@insbcolorado.com] Sent: Monday, June 04, 2007 9:25 AM To: Don Warden; hjd173@wispertel.net; Douglas Rademacher; William Garcia; Vicky Sprague Cc: Bob Briggs Subject: RE: RMRA First Amendment Don, that is great. Could you please have that mailed to me at my address below? Thank you, Paige L. Mackey Icenogle, Norton, Smith & Blieszner, P.C. 821 17th Street, Suite 600 Denver, Colorado 80202 Phone: (303)292-6400 ext. 206 Fax: (303) 292-6401 E-Mail: pmackey@insbcolorado.com CONFIDENTIALITY NOTICE This message and the accompanying documents are intended only for the use of the individual or entity to which they are addressed and may contain information that is privileged,confidential and exempt from disclosure under applicable law. If the reader of this message and the accompanying documents is not the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone(303-292-6400)or by electronic mail (info@insbcolorado.com). Thank you. From: Don Warden [mailto:dwarden@co.weld.co.us] Sent: Monday, June 04, 2007 8:20 AM To: hjd173@wispertel.net; Douglas Rademacher; William Garcia; Vicky Sprague Cc: Paige L. Mackey; Bob Briggs Subject: RE: RMRA First Amendment Harry, This was approved by Weld County Commissioners last week and will be mailed directly to you today. Thanks, Don Warden From: Harry Dale [mailto:hjd173@wispertel.net] Sent: Friday, June 01, 2007 8:42 PM To: Douglas Rademacher; William Garcia; Don Warden; Vicky Sprague Cc: Paige L. Mackey; Bob Briggs Subject: RMRA First Amendment As discussed at the RMRA Board meeting today, we are still in need of a signed First Amendment from Weld County. Please work with Paige to take care of this last bit of paperwork at your earliest convenience. Thanks! Harry 6/4/2007 Hello