The URL can be used to link to this page

Browse Search

Home My WebLink About20072949.tiff RESOLUTION RE: APPROVE SECOND AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY 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 approved an Establishing Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and the Cities of Broomfield and Lafayette on June 2, 1999, and WHEREAS, the Board approved a First Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority on August 28, 2006, and WHEREAS, the Board has been presented with a Second Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Cities of Broomfield and Lafayette, with 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 Second Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Cities of Broomfield and Lafayette be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. 2007-2949 C0 1. cA CC&> 4 (9,S �B-Ds--07 SECOND AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A.D., 2007. BOARD OF COUNTY COMMISSIONERS ti ` � �� WEL OU TYRADO �� r' (Oh/ ATTEST: i t.Y,Af / '1/�/Ll ::\ Il�� David E. Long, Chair Weld County Clerk to the BSc:1W' � L (�? William . Jar Pro-Tem BY: De. ty Cler o the Board Willi F. Garcia APPROVED AS c(k Robert D. Masden oun Atto ney ouglas ademache Date of signature: (4/0-7 2007-2949 BC0028 ICENOGLE, NORTON, SMITH & BLIESZNER T.Edward Icenogle A Professional Corporation Carolyn It Steffl Charles E.Norton Attorneys at Law John It Christofferson Erin M.Smith 821 17th Street,Suite 600 Paige L.Mackey Edward J.Blieszner Denver,Colorado 80202-3040 J.Michael Keane Tamara K.GilIda Telephone(303)292-6400 Arj R.Arjunan Facsimile(303)292-6401 Of Counsel info®insbcolorado.com Gordon F.Garrett Bruce E.Deacon July 26, 2007 VIA ELECTRONIC MAIL Cyndy Giauque Weld County 915 10th Street Greeley, CO 80632 Re: Northwest Parkway Public Highway Authority Dear Ms. Giauque: On July 24, 2007, the Board of Directors of the Northwest Parkway Public Highway Authority (the "Authority") passed a motion supporting the Second Amendment to the Authority's Establishing Contract (the "Second Amendment"). We request your help in presenting the Second Amendment to your Board of County Commissioners for its ratification,adoption and execution. Enclosed are four originals of the Second Amendment. As in the past, the Second Amendment may be ratified and executed in counterpart. When your jurisdiction has approved and ratified the Second Amendment, please return all four executed originals to our firm. Our firm will compile the counterpart execution pages and return a fully executed copy of the ratified and executed Second Amendment to you for your files. Thank you in advance for your help in ratifying and adopting the Second Amendment. Please feel free to contact our office if you have any questions. Very truly yours, ICENOGLE,NORTON, SMITH&BLIESZNER A Professional Corporation ein . Smith :EMS/nlb Enclosures cc: Steve Hogan Commissioner Rob Masden M:W WPPHA\Ltrs\V thru Z NLB1106 0514,5004 2007-2949 SECOND AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY This SECOND AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY ("the Second Amendment") is effective as of the 24th day of July, 2007, pursuant to Colo. Const. Art. XIV, Sec. 18(2), title 30, C.R.S., title 31, C.R.S., appropriate municipal charter provisions, and part 5 of article 4, title 43, C.R.S., by and between THE CITY AND COUNTY OF BROOMFIELD, a Colorado city and county, THE COUNTY OF WELD, a body politic and corporate and political subdivision of the State of Colorado, and the CITY OF LAFAYETTE, a Colorado municipal corporation(singularly or collectively"the Governmental Unit(s)"). RECITALS WHEREAS, the Colorado General Assembly has enacted the Public Highway Authority Law in part 5 of article 4,title 43,C.R.S. ("the Act");and WHEREAS, it is the stated intention of the Colorado General Assembly that public highway authorities be formed to finance, construct, operate, or maintain all or a portion of a beltway or other transportation improvements in the Denver metropolitan region which, because of the cost or the location thereof in the jurisdiction of more than one municipality or county, cannot feasibly be financed, constructed, operated, or maintained by a municipality or county acting alone; and WHEREAS, a public highway authority denominated the "Northwest Parkway Public Highway Authority" ("the Authority") was created by contract dated as of June 2, 1999 which was thereafter first amended effective September 5, 2006 (collectively the "Establishing Contract"), by and between the City and County of Broomfield, County of Weld and the City of Lafayette, to finance,construct, operate or maintain the Northwest Parkway;and WHEREAS, the Board of Directors of the Authority has requested that all Governmental Units of the Authority approve this Second Amendment to the Establishing Contract to clarify and change certain provisions therein; and WHEREAS, the execution of this Second Amendment by the Governmental Units is permitted by Colo. Const. Art. XIV, Sec. 18(2), and is essential to the continued economic growth of the region, is in the public interest, and will promote the health, safety, and welfare of the citizens of the Governmental Units and the public at large;and WHEREAS, the Authority has determined to accept in principle the May 23 offer of Brisa Auto-Estradas de Portugal, S.A. — Companhia de ConcessOes Rodoviarias ("Brisa/CCR") to achieve a concession agreement for the Parkway and directed the Authority staff to accomplish all tasks related to achieving a legally binding contract and closing on a concession deal(the "Proposed Concession"). NOW, THEREFORE, in consideration of the mutual promises and benefits herein expressed, and for other good and valuable consideration, the receipt and sufficiency of which is hereby freely acknowledged,the Governmental Units hereby covenant and agree as follows: COVENANTS AND AGREEMENTS 1. Amendment of Paragraph 14. Paragraph 14 of the Establishing Contract is hereby amended to state as follows: Subject to the provisions of this paragraph and without other limitation of the powers of the Board established in law or this Establishing Contract,the Board may at any time make such decisions as it deems appropriate in connection with the distribution, disposition or division of assets of the Authority. Provided, however, in all cases, the fixed assets of the Authority shall be distributed to the Governmental Unit in which the fixed assets are situated, and fixed assets located in both a municipality and a county shall be distributed to the municipality. 2. Prior Provisions Effective. Except as specifically amended hereby, all the terms and provisions of the Establishing Contract as amended shall remain in full force and effect. 3. Conditioned Upon Closing of Proposed Concession. This Second Amendment shall be null and void and have no force or effect unless there is a closing on the Proposed Concession by October 31,2007. 4. Counterpart Execution. This Second Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Remainder of page left intentionally blank] 2 CITY AND CO OF BROOMFIELD JET of BAG 1St By. ��.c/c 9EAL Title: Bator' or) :TEST: B: _tfi.) C \-5j eisz) TiM - E Cnun��/Ptl STATE OF COLORADO ) ) ss. COUNTY OF KRIoom c@d ) The foregoing instrument acknowledged before me this c: .41,.3.144 day of_ (Cit&m) 2007,by Ore.n ��t..art as rlaynr and-- —as L___ of The City and County of Broomfield. Witness my hand and official seal. 'My commission expires: r �,o-t SI) c ..2OO9 l ' 't • r ,. No Publi 3 WELD COUNTY I, ` ,' tt,• David E. Long, Chair, B d of County /� jI / �l� I` Commissioners ATTEST: /GJ ��7/ // � =��1��:f 9/19/2007 By. , u - h '. ai ,isth1�®2liy°t Title: tent Clerk to'; he Boar ' ' STATE OF COLORADO ss. COUNTY OF Weld ) The foregoing instrument was acknowledged before me this 19th day of. September 2007,by David E. Long as Chair CEe p1OTARY .P Witness my hand and official seal. : —°.— d;.,pUBLIG My commission expires: >?Y WS" fxpir, Apr 0.2000 Notary Public 4 r,7co 9- a 999 CITY OF LAFAYETTE By: rxW7 e: crs (C, ter ATTEST: By: Title: (� a <51 �O STATE OF COLORADO ) Cf1UN7'( C ss. COUNTY OF I .,,.sec The foregoing instrument was acknowledged before me this oil _day of. r � ,2007,by C .r1s-1-oper :S. i Sn as M4int' and u Su.spu. \Sosber as C.i C\erg _of the City of Lafayette. Witness my hand and official seal. My commission expires: to I ao (se-c-I .,F OF Cp4p��r 5 ICENOGLE • NORTON SMITH • BLIESZNER • GILIDA • POGUE T. Edward Icenogle A Professional Corporation Carolyn R. Steffl Charles E. Norton Attorneys at Law John R. Christofferson Erin M. Smith 1331 17th Street, Suite 500 Deborah A. Early Edward J. Blieszner Denver, Colorado 80202-1555 J. Michael Keane Tamara K. Gilida Telephone (303) 292-6400 Jennifer L. Ivey Man D. Pogue Facsimile (303) 292-6401 Ericka D. Olson info@insbcolorado.com Of Counsel Gordon F. Garrett Bruce E. Deacon July 2, 2008 VIA U.S. MAIL • Cyndy Giauque Assistant Weld County Attorney I I; P.O. Box 758 gTTN;EI• . • C LINTY Greeley, Colorado 80632 • NeY •FFIC� Re: Original Execution Pages from the City of Lafayette re the Second Amendment to the Establishing Contract of the Northwest Parkway Public Highway Authority Dear Ms. Giauque: Per your request, I am enclosing the original signature pages of the above- referenced agreement, executed by the City of Lafayette for your records. If you have any questions regarding the enclosed or need anything further, please do not hesitate to contact our office. Very truly yours, ICENOGLE • NORTON SMITH • BLIESZNER • GILIDA • POGUE A Professional Corporation Kristy Butler Paralegal :ksb Enclosure M iN W PPHAALettersVG thin I KSB1032 0514.5004 Page 1 of 4 Donna Bechler From: Cyndy Giauque Sent: Wednesday, July 02, 2008 10:25 AM To: Kristen S. Butler Cc: Donna Bechler Subject: RE: second amendment to establishing contract That would be great! My address is: Cyndy Giauque Assistant Weld County Attorney P.O. Box 758 Greeley, Colorado 80632 Thanks again, Cyndy From: Kristen S. Butler [mailto:KButler@insbcolorado.com] Sent: Wednesday, July 02, 2008 9:47 AM To: Cyndy Giauque Subject: RE: second amendment to establishing contract I will send the pages out today. Should I send them to your attention and at what address? Kristy Butler, Paralegal ICENOGLE, NORTON, SMITH, BLIESZNER, GILIDA, POGUE A Professional Corporation 133117th Street, Suite 500 Denver, CO 80202-1555 Telephone: (303) 292-6400, Ext. 108 Facsimile: (303) 292-6401 Email: KButler@insbcolorado.com From: Cyndy Giauque [mailto:cgiauque@co.weld.co.us] Sent: Wednesday, July 02, 2008 9:28 AM To: Kristen S. Butler Cc: Donna Bechler Subject: RE: second amendment to establishing contract Ms. Butler, Thank you for your help with this. Can you mail the original signature pages so that our clerk has originals for the county's files? That would be really great! Thanks again! Cyndy From: Kristen S. Butler [mailto:KButler@insbcolorado.com] Sent: Tuesday, July 01, 2008 3:16 PM 7/7/2008 Page 2 of 4 To: Cyndy Giauque Subject: RE: second amendment to establishing contract Ms. Giauque, I've reviewed our file and I did not see original signature pages from the City and County of Broomfield. I have attached the original execution copy from Lafayette for your review. Thanks, Kristy Butler, Paralegal ICENOGLE, NORTON, SMITH, BLIESZNER, GILIDA, POGUE A Professional Corporation 133117th Street, Suite 500 Denver, CO 80202-1555 Telephone: (303) 292-6400, Ext. 108 Facsimile: (303) 292-6401 Email: KButler@insbcolorado.com From: Cyndy Giauque [mailto:cgiauque@co.weld.co.us] Sent: Tuesday, July 01, 2008 3:01 PM To: Kristen S. Butler Cc: Donna Bechler Subject: RE: second amendment to establishing contract Thank you for forwarding a copy of the entire signed agreement. Were there duplicate original signature pages for this document? I know Weld County sent several (I think three or four) original signature pages so that each entity would have original signature pages for its agreement. I think each entity also sent in the signature pages to be distributed to the others. If you have those, it would be great if you could send a signature page for the City of LaFayette and the City and County of Broomfield. Thanks for your help with this. Cyndy Giauque • From: Kristen S. Butler [mailto:KButler@insbcolorado.com] Sent: Tuesday, July 01, 2008 2:55 PM To: Cyndy Giauque Cc: Erin M. Smith Subject: RE: second amendment to establishing contract Ms. Giauque: Per Erin Smith's request, I am attaching the fully executed copy of the Second Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority. If you require anything else, please do not hesitate to contact our office. Thank you, Kristy Butler, Paralegal ICENOGLE, NORTON, SMI I II, BLIESZNER, GILIDA, POGUE A Professional Corporation 133117th Street, Suite 500 Denver, CO 80202-1555 7/7/2008 Page 3 of 4 Telephone: (303) 292-6400, Ext. 108 Facsimile: (303) 292-6401 Email: KButler@insbc_Qlorado.com From: Cyndy Giauque [mailto:cgiauque@co.weld.co.us] Sent: Tuesday, July 01, 2008 2:41 PM To: Erin M. Smith Cc: Donna Bechler; T. Edward Icenogle; Kristen S. Butler Subject: RE: second amendment to establishing contract Erin, Thank you for taking care of this. I know we'll be happy to finalize that agreement! Cyndy From: Erin M. Smith [mailto:ESmith@insbcolorado.com] Sent: Tuesday, July 01, 2008 2:38 PM To: Cyndy Giauque Cc: Donna Bechler; T. Edward Icenogle; Kristen S. Butler Subject: RE: second amendment to establishing contract Cindy, Thanks for your email. We will forward to you the missing pages. Erin M. Smith Icenogle Norton Smith Blieszner Gilida & Pogue, A Professional Corporation 1331 17th Street, Suite 500 Denver, Colorado 80202-1555 Phone: (303) 292-6400 Fax: (303) 292-6401 E-Mail: esmithinsbcolorado.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: Cyndy Giauque [mailto:cgiauque@co.weld.co.us] Sent: Tuesday, July 01, 2008 2:30 PM To: T. Edward Icenogle; Erin M. Smith Cc: Donna Bechler Subject: second amendment to establishing contract Hi Ed and Erin, Hope things are going well for both of you. I am writing concerning an unfinished matter. On or about July, 2007, the Board of Directors of the Northwest Parkway Public Highway Authority passed a motion supporting the Second Amendment to the Authority's Establishing Contract. Each entity then approved the Second Amendment and the signed documents were forwarded to your office so that original signature pages could then be forwarded to all three entities. Weld County approved the Second Amendment by Resolution on September 19, 2007. Original signature pages 7/7/2008 Page 4 of 4 were forwarded to your office for distribution. To date, our clerk to the Board of County Commissioners has not received the signature pages for City of Lafayette and the City and County of Broomfield. With all of the activity occurring at that time, I'm sure it was just overlooked. I e-mailed an inquiry to you a few months ago, but have not yet received a response, and our clerk has informed me that she has not yet received the original signature pages for this document. This matter remains open until the signature pages have been received. I would be very grateful if you could check your files and forward the signature pages for that document so that matter can be completed. Thank you so much. Cyndy Cyndy Giauque Assistant Weld County Attorney 915 10th Street, P.O. Box 758 Greeley, CO 80632 7/7/2008 Hello