HomeMy WebLinkAbout20062612.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING THE POUDRE RIVER
TRAIL 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
Regarding the Poudre River Trail among the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the City of Greeley, the Town
of Windsor, and the Poudre River Trail Corridor, Inc.,commencing upon full execution,and ending,
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 Regarding the Poudre RiverTrail among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, the City of Greeley, the Town of Windsor, and the Poudre River Trail Corridor, Inc.,
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 18th day of September, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
�`� WELD CO TY, COLORADO
ATTEST: an, ' ,;Ei4C2 X46 ,
M. J. Ile, Chair
Weld ounty Clerk to t
O3 Eft
��� ►� David E. Long, Pro-Tem
BY:
Dep Clerk t.•'the :oard
Willi HJeerrke
APP D AS T M: `�✓� �. V V �
Robert D. Masden
unty me EXCUSED
Glenn Vaad
Date of signature: `I1 Zz/C 7
2006-2612
BC0024
CO I. C7-RL-EZey, 621/4 7.2'� f C 1 6 / // -6'7
Page 1 of 1
Jennifer Luna
From: Bruce Barker
Sent: Tuesday, September 12, 2006 9:14 AM
To: Jennifer Luna; Esther Gesick; Donna Bechler
Subject: FW:
Attachments: INTERGOVERNMENTAL AGREEMENT REGARDING THE POUDRE RIVER TRAIL.doc
Please place this agreement on the Board's agenda for Monday, 9/18/2006. I will coordinate
with the other entities for signatures. Bruce.
From: Becky Safarik [mailto:Becky.Safarik@Greeleygov.com]
Sent: Monday, September 11, 2006 6:18 PM
To: Bruce Barker; Don Warden; Richard Brady; Rod Wensing
Cc: Fred L. Otis; Karen Scopel; Scott Rudd; Mike Ketterling; Tom Selders; DonFeld7@cs.com
Subject:
Folks:
I've attached a final draft of the IGA regarding the Poudre River Trail which updates the current
agreement and includes Greeley, Windsor, Weld County and the Poudre Trail Corridor, Inc. The
update is the result of the actions taken by the Trail Board at its retreat earlier this year (and at which
each government was represented by either respective elected officials, appointed members serving on
the board, and/or staff), and reflects the partnership for continued maintenance and oversight in the
way of in-kind and/or direct contribution subject to the preferences and abilities of each governmental
entity. I've incorporated all the review comments received and I believe we are now ready for each
entities formal approval. Unless I hear to the contrary about any observed changes, it is my intent to
place the IGA on the Greeley City Council's agenda for its September 19th and October 5th actions (we
do such agreements by ordinance, which requires two readings). I understood from Bruce that the
County is poised to take it through this month as well, and the Poudre Board could hear it on
September 27th. Is Windsor likewise able to proceed with its approval?
Please let me know if any staff or Board presentation or supporting information would be helpful as the
IGA advances through your collective review bodies and I'll round up those resources accordingly. If
you can email me back with your expected review dates I can be sure to have our clerk arrange with
your staff for the routing and signatures as appropriate.
Thanks to all for the review and comments....call if questions.
Becky
Rebecca L. Safarik
Community Development Director
1 100 10th Street, Ste.202
Greeley,CO 80631
(970)350-9785
fax: (970)350-9800
9/12/2006 2006-2612
INTERGOVERNMENTAL AGREEMENT REGARDING THE
POUDRE RIVER TRAIL
This Intergovernmental Agreement is made this day of , 2006 by
and between the City of Greeley, Colorado,by and through the City Council, hereinafter
referred to as "City"; the Town of Windsor, Colorado,by and though its Town Council,
hereinafter referred to as "Town"; the County of Weld, State of Colorado, by and through
the Board of County Commissioners of the County of Weld, hereinafter referred to as
"County" and the Poudre River Trail Corridor, Inc., a non-profit 501( c )(3)Colorado
corporation, hereinafter referred to as "Corridor Board."
WHEREAS, by Intergovernmental Agreement dated February 9, 1994, and as
amended October 14, 1996, the City, Town, and County agreed to cooperate in order to
develop a trail corridor along the Cache la Poudre River for educational, cultural, and
recreational use; and,
WHEREAS, said Intergovernmental Agreement addressed a variety of different
topics relative to the development of Poudre River trail system, including trail route and
corridor designation; trail acquisition; uniform signage, maintenance, and other
improvements of each trail or designated route; and the creation of a non-profit
corporation created pursuant to the Colorado Non-Profit Corporation Act and meeting the
requirements of Rule 501 (c) (3) of the Internal Revenue Code; and,
WHEREAS, the Corridor Board has been substantially successful in its stated
purpose of acquiring easements, construction of a recreational trail, installation of trail
signage and trail amenities and related appurtenances for educational, cultural and
recreational use; and,
WHEREAS, the Corridor Board has accomplished said improvements from a
variety of grant, governmental, foundation, and private as well as in-kind resources; and
WHEREAS, the Corridor Board has been provided funds on an annual basis for a
two year period from the City, Town and County for the purpose of hiring a Trail
Manager to oversee trail construction, volunteer resources and trail maintenance; and,
WHEREAS, with the substantial completion of the trail the Corridor Board seeks
a uniform means to manage and maintain this recreational resource for the benefit and
safety of the general public; and,
WHEREAS, it has been determined that cost effective and cooperative
management of the trail system is most efficiently managed through the Corridor Board
and with financial and in-kind contributions provided in an equal manner from the City,
Town and County.
1
07401- 076/.4
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, City, Town and County readopt conditions of the existing
Intergovernmental Agreement and set forth new arrangements as follows:
Section 1: Term. This Intergovernmental Agreement shall be effective on its
adoption and signing by the designated representatives of City,
Town, County and Corridor Board and shall continue thereafter
for a period of one year, to be renewed automatically for
successive one-year periods, unless the same is sooner terminated
by any party hereto,pursuant to the termination provisions set
forth in Section 11, below.
Section 2: Creation of Poudre River Trail Corridor. Upon the advice of the
Corridor Board, the parties hereto collectively designate a trail
corridor along the Poudre River in Weld County, Colorado,to be
hereinafter referred to as the"Poudre River Trail." The parties
find that it is in the best interests of the health, safety, and welfare
of their citizens and the general public to develop said Poudre
River Trail for educational, cultural, and recreational use and that
the alternative transportation systems facilitated by said Poudre
River Trail will promote improved air quality health, and
environmental awareness and fitness.
Section 3: Trail Route and Corridor Acquisition: City, Town, and County
agree that they shall acquire, individually and in cooperation with
each other, upon the advice of and with the assistance of Corridor
Board, the appropriate fee interests, rights-of-way, easements,
accesses, or donations for the designated routes of Poudre River
Trail lying with their respective political boundaries using only
such funds or resources from the parties to this Agreement or from
donations or gills as are made available and as are designated for
such purpose. The corporation shall accept donations, gifts,
devices or other transfers of the funds to be used to pay for the
Poudre River Trail or any expenses associated therewith(to be
hereinafter known collectively as "Poudre River Trail Funds").
The Corridor Board may accept and disburse Poudre River Trail
funds. Each party to this Agreement shall be responsible for any
necessary legal expenses incurred in the course of Poudre River
Trail acquisition. No party hereto shall be required by virtue of
entering into this Agreement, to fund any portion of the Poudre
River Trail from general fund monies or from monies from any
source other than the Poudre River Trail funds mentioned above.
City, Town , and County hereby authorize and expressly delegate
to the Corridor Board the responsibility of controlling the
disbursement of all monies in the Poudre River Trail Funds, which
2
monies shall be disbursed only upon a majority vote of the
Corridor Board.
Section 4: Improvements to Acquired Portions of the Poudre River Trail.
City, Town, and County shall each be responsible for construction
of an improvement to the portions of the Poudre River Trail lying
within their respective jurisdictions upon separate agreement of the
parties. Alternately, such improvements may be assigned to and
managed by the Corridor Board upon mutual consent of the
jurisdiction and the Corridor Board.
Section 5: Maintenance and Signage. City, Town, and County shall each be
responsible for the maintenance and signage of the portions of the
Poudre River Trail lying within their respective jurisdictions. The
Corridor Board shall oversee the uniform installation of trail
signage. To ensure the most cost effective manner of maintaining
the trail to a uniform standard, the Corridor Board shall determine
the level at which basic safety, convenience and enjoyment of the
trail is achieved and annually prepare a budget which accomplishes
such objective. The budget shall be submitted annually to the City,
Town and County for equal payment or contribution with the
following understandings:
A. Town of Windsor accepts responsibility for the labor,
materials and costs associated with the maintenance of the
Poudre Trail Corridor to the level established by the
Corridor Board from east of State Highway 257 at the
Kodak bridge west to the terminus of the Trail at the
westernmost edge of the Town;
B. City of Greeley accepts responsibility for the labor,
materials and costs associated with the maintenance of the
Poudre Trail Corridor to the level established by the
Corridor Board from the Kodak bridge east to Island
Grove Park at "D" Street or the terminus of the Trail at its
easternmost edge as may be extended by the Corridor
Board;
C. Weld County shall contribute an amount equal to 1/3 of the
costs associated with the maintenance and oversight of the
trail maintenance in lieu of providing labor, equipment or
other resources to maintain that portion of the Trail located
in locations under County jurisdiction;
D. Corridor Board shall oversee trail maintenance, including
management of personnel, including volunteers, care and
use of equipment and contracting for special services as
may be needed from time to time to achieve the objectives
of Trail maintenance.
3
•
Section 6: Public Art. The City of Greeley designates 1% of its capital
construction funds for the installation of public art associated with
the respective improvement project that are most typically
installed near the capital construction project and within the City's
corporate limits. Certain trail head improvements for the Poudre
Trail were approved as part of the City's Quality of Life projects
The City has identified approximately$8,000 in 1%funding
available for installation in conjunction with the Poudre Trail
project. At present, only approximately 1.5 miles of the Trail is
actually located at present within City limits,however Greeley
citizens use and enjoy the full length of the Poudre Trail. The
Corridor Board may recommend a site for the installation of such
art within City boundaries, and subject to approval by the Greeley
City Council, if it is determined that it has a benefit to its citizens
and the Trail. Nothing in this Agreement limits the ability of the
Corridor Board from soliciting additional resources to augment the
public art piece, including in-kind and other such assistance.
Section 7: Law Enforcement. The law enforcement agencies of City, Town ,
and County shall be responsible for enforcement of laws on
those portions of the Poudre River Trail which lie within their
respective jurisdictions. To the extent possible, the law
enforcement agencies from each jurisdiction shall coordinate
such law enforcement activities.
Section 8: Poudre River Trail Corridor Board. The Poudre River Tail
Corridor Board as established by previous Intergovernmental
Agreement shall continue in its present form to advise the City ,
Town and County on routes, land acquisition, expenditures,
maintenance and other associated requirements of the Poudre
River Trail and as outlined within this Agreement. Appointments
to the Corridor Board to replace members whose terms have
expired or in some other fashion have vacated their board position
shall hereafter be made as follows:
A. The Board shall be comprised of nine members with three
members designated to represent each of the jurisdictions;
B. Upon notification of a board vacancy The City, Town and
County shall provide replacement members in either of the
following manners:
1. The jurisdiction may recruit volunteer members
from its constituent area and submit such names to
the Corridor Board for final selection; or
2. The Corridor Board may recruit and refer the names
of community members representative of the
jurisdiction within which a board vacancy has
4
occurred for consideration as replacement board
members. Upon verification of the acceptability of
the referred candidates by the jurisdiction, the
Corridor Board shall select final members for board
appointment.
C. All Board members shall serve a three year term, except
when filling a position of a member whose term was
partially completed. In such cases, the new board member
shall complete the remainder of the vacating board
member's term;
D. The Corridor Board will endeavor to appoint community
members who provide diverse and broad representation of
the population and who possess the attributes of greatest
need and benefit to accomplish the objectives of the Poudre
River Trail Corridor development and maintenance.
E. The Corridor Board shall adopt such internal rules as it
deems necessary and shall set priorities, budgets and
provide recommendations to the City, Town and County in
matters of routes, land acquisition, improvements,
maintenance, safety and any other matters it deems
appropriate regarding the Poudre River Trail and as set
forth within the Intergovernmental Agreement.
F. The current members of the Corridor Board shall serve
their respective terms as already established and in force.
Section 9: Entire Agreement. This Intergovernmental Agreement contains
the complete and entire agreement between the parties and
supersedes any prior oral or written agreements concerning the
Poudre River Trail, including but not limited to the parties'
Intergovernmental Agreement dated February 9, 1994; and as
amended October 14, 1996; but excepting those separate
agreements referred to herein to be completed and executed at later
dates or as separate considerations.
Section 10: Modifications. This Intergovernmental Agreement may not be
modified, discharged, or changed in any respect whatsoever,
except by further agreement in writing duly executed by the
parties hereto.
Section 11: Termination. This Intergovernmental Agreement may be
terminated by any party hereto within 90 days written notice of the
other parties. In the event of such termination, those portions of
the Poudre River Trail, including improvements, artwork and signs
on such portions located within the City, Town or County shall
remain under the ownership and control of such jurisdiction and all
monies being maintained in the Poudre River Trail Funds shall be
5
split evenly among the parties hereto, unless such monies are
otherwise specifically designated upon devise or donation for use
for the Poudre River Trail as it lies within one or more of the three
jurisdictions.
Section 12: Third Party Liability. Each party to this Agreement shall be
responsible for claims brought by third-parties occurring on those
portions of the Trail lying within their respective jurisdictions.
Signed and Approved this day of , 2006.
ATTEST: CITY OF GREELEY, COLORADO
By: By:
City Clerk Mayor
APPROVED AS TO LEGAL FORM: APPROVED AS TO SUBSTANCE:
By: By:
City Attorney City Manager
AS TO AVAILABILITY OF FUNDS:
By:
Finance Director
ATTEST:- TOWN OF WINDSOR, COLORADO
By: N By:
Piny ayor
APPROVED AS TO LEGAL FORM: APPROVED AS TO SUBSTANCE:
By: By:
City Attorney City Manager
AS TO AVAILABILITY OF FUNDS:
By:
Finance Director
ATTEST: COUNTY OF WELD, STATE OF
6
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By: By:
Clerk to the Board Board Chaii David E. Long
Approved 9/18/06
Signed 5/21/07
ATTEST: POUDRE RIVER TRAIL CORRIDOR, INC.
By: By:
Board Secretary Board Chair
7
Cblo - &7 /v?
COMMUNITY DEVELOPMENT
„ Office of the Director
sal
City of 1100 10th Street, Suite 202, Greeley, Colorado 80631
(970)350-9785„Fax(970) 350-9800
Greeley „ www.greeleygov.com
December 29, 2006
Cathy Kennedy
Town Clerk
301 Walnut Street
Windsor, CO 80550
/ Esther Gesick
Clerk to the Board
Weld County Board of Commissioners
P. O. Box 758
Greeley, CO 80632
Betsy Holder
Greeley City Clerk
1000 10th Street
Greeley, CO 80631
Scott Rudd
Poudre Trail Manager
1100 10th Street, Ste 202
Greeley, CO 80631
RE: Intergovernmental Agreement Concerning the Poudre River Trail
For your files you will find, enclosed, a copy of the executed and recorded copy of the Intergovernmental
Agreement by and between the City of Greeley, Town of Windsor, Weld County Board of County
Commissioners and the Poudre River Trail Corridor, Inc. as well as an unrecorded copy with original
signatures.
Thank you for your help in facilitating its review and execution with your entity.
Sincerely,
i� h
Rebecca far'
Community De opment Director
SERVING OCR COMMUNITY • t T ' S A TRADITION
C1Je prron2Lre to preserve anCirnp/'Doe Ile quality(1 11C7 lop Gr eeiey([roar][dine{y, coarleores and cost e/fectioe ser'ofce.
City of/ \1\
Grccicy
Colorado
Great.From the Ground Up.
May 6, 2007
Esther Gesick
Weld County Clerk to the Board of Commissioners
915 10th Street
Greeley, CO 80631
Dear Mrs. Gesick:
Last September, an Intergovernmental Agreement by and between the City of Greeley, Town of Windsor,
Weld County and the Poudre River Trail Board was approved. After all entities approved the Agreement,
multiple copies were sent to each entity for signature and one copy was then recorded. During the Trail
Board's recent retreat, staff discovered that the copy signed by the entities was not the final version
presented to the entities for approval, but the working draft of the Agreement sent to the entities for
comment. Key differences in the Agreements are found in Section 5, in which the area assumed by
Windsor for maintenance begins at the Kodak bridge vs. the draft which listed that as State Highway 257;
and in Section 6, in which any public art installed as part of the Greeley's One Percent for Art must be
located within Greeley City limits vs. the draft which suggested the art could be placed in close proximity
to Greeley boundaries.
Enclosed are four copies of the Approved Agreement that are being re-routed for signatures. Please return
the signed copies to this office once signed so we can route them for signatures by the other government
partners. I apologize for the confusion in the documents and will provide you another original copy
with all signatures as well as a copy of the corrected agreement once recorded.
Please call me at 350-9785 if you have any questions.
Sincerely,
Rebecca L. Safarrik
Community Developmeu�Director
enc.
Community Development-Office of the Director • 1100 10th Street,Ste.202,Greeley,CO 80631 • (970)350-9785 Fax(970)350-9800
We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service.
Cc.mt-wt Cgn& 5/2// 7 aoth-a2l:t-2.
INTERGOVERNMENTAL AGREEMENT REGARDING THE
POUDRE RIVER TRAIL
This Intergovernmental Agreement is made this /(31 day of , 2006 by
and between the City of Greeley, Colorado, by and through the City o cil, hereinafter
referred to as "City"; the Town of Windsor, Colorado, by and though its Town Council,
hereinafter referred to as "Town"; the County of Weld, State of Colorado,by and through
the Board of County Commissioners of the County of Weld, hereinafter referred to as
"County" and the Poudre River Trail Corridor, Inc., a non-profit 501( c )(3)Colorado
corporation, hereinafter referred to as "Corridor Board."
WHEREAS, by Intergovernmental Agreement dated February 9, 1994, and as
amended October 14, 1996, the City, Town, and County agreed to cooperate in order to
develop a trail corridor along the Cache la Poudre River for educational, cultural, and
recreational use; and,
WHEREAS, said Intergovernmental Agreement addressed a variety of different
topics relative to the development of Poudre River trail system, including trail route and
corridor designation; trail acquisition; uniform signage, maintenance, and other
improvements of each trail or designated route; and the creation of a non-profit
corporation created pursuant to the Colorado Non-Profit Corporation Act and meeting the
requirements of Rule 501 (c) (3) of the Internal Revenue Code; and,
WHEREAS, the Corridor Board has been substantially successful in its stated
purpose of acquiring easements, construction of a recreational trail, installation of trail
signage and trail amenities and related appurtenances for educational, cultural and
recreational use; and,
WHEREAS, the Corridor Board has accomplished said improvements from a
variety of grant, governmental, foundation, and private as well as in-kind resources; and
WHEREAS, the Corridor Board has been provided funds on an annual basis for a
two year period from the City, Town and County for the purpose of hiring a Trail
Manager to oversee trail construction, volunteer resources and trail maintenance; and,
WHEREAS, with the substantial completion of the trail the Corridor Board seeks
a uniform means to manage and maintain this recreational resource for the benefit and
safety of the general public; and,
WHEREAS, it has been determined that cost effective and cooperative
management of the trail system is most efficiently managed through the Corridor Board
and with financial and in-kind contributions provided in an equal manner from the City,
Town and County.
1
cod- :2?6%a
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, City, Town and County readopt conditions of the existing
Intergovernmental Agreement and set forth new arrangements as follows:
Section 1: Term. This Intergovernmental Agreement shall be effective on its
adoption and signing by the designated representatives of City,
Town, County and Corridor Board and shall continue thereafter
for a period of one year, to be renewed automatically for
successive one-year periods, unless the same is sooner terminated
by any party hereto, pursuant to the termination provisions set
forth in Section 11,below.
Section 2: Creation of Poudre River Trail Corridor. Upon the advice of the
Corridor Board, the parties hereto collectively designate a frail
corridor along the Poudre River in Weld County, Colorado, to be
hereinafter referred to as the "Poudre River Trail." The parties
find that it is in the best interests of the health, safety, and welfare
of their citizens and the general public to develop said Poudre
River Trail for educational, cultural, and recreational use and that
the alternative transportation systems facilitated by said Poudre
River Trail will promote improved air quality health, and
environmental awareness and fitness.
Section 3: Trail Route and Corridor Acquisition: City, Town, and County
agree that they shall acquire, individually and in cooperation with
each other, upon the advice of and with the assistance of Corridor
Board, the appropriate fee interests, rights-of-way, easements,
accesses, or donations for the designated routes of Poudre River
Trail lying with their respective political boundaries using only
such funds or resources from the parties to this Agreement or from
donations or gifts as are made available and as are designated for
such purpose. The corporation shall accept donations, gifts,
devices or other transfers of the funds to be used to pay for the
Poudre River Trail or any expenses associated therewith(to be
hereinafter known collectively as "Poudre River Trail Funds").
The Corridor Board may accept and disburse Poudre River Trail
funds. Each party to this Agreement shall be responsible for any
necessary legal expenses incurred in the course of Poudre River
Trail acquisition. No party hereto shall be required by virtue of
entering into this Agreement, to fund any portion of the Poudre
River Trail from general fund monies or from monies from any
source other than the Poudre River Trail funds mentioned above.
City, Town , and County hereby authorize and expressly delegate
to the Corridor Board the responsibility of controlling the
disbursement of all monies in the Poudre River Trail Funds, which
2
monies shall be disbursed only upon a majority vote of the
Corridor Board.
Section 4: Improvements to Acquired Portions of the Poudre River Trail.
City, Town, and County shall each be responsible for construction
of an improvement to the portions of the Poudre River Trail lying
within their respective jurisdictions upon separate agreement of the
parties. Alternately, such improvements may be assigned to and
managed by the Corridor Board upon mutual consent of the
jurisdiction and the Corridor Board.
Section 5: Maintenance and Signage. City, Town, and County shall each be
responsible for the maintenance and signage of the portions of the
Poudre River Trail lying within their respective jurisdictions. The
Corridor Board shall oversee the uniform installation of trail
signage. To ensure the most cost effective manner of maintaining
the trail to a uniform standard, the Corridor Board shall determine
the level at which basic safety, convenience and enjoyment of the
trail is achieved and annually prepare a budget which accomplishes
such objective. The budget shall be submitted annually to the City,
Town and County for equal payment or contribution with the
following understandings:
A. Town of Windsor accepts responsibility for the labor,
materials and costs associated with the maintenance of the
Poudre Trail Corridor to the level established by the
Corridor Board from east of State Highway 257 at the
Kodak bridge west to the terminus of the Trail at the
westernmost edge of the Town;
B. City of Greeley accepts responsibility for the labor,
materials and costs associated with the maintenance of the
Poudre Trail Corridor to the level established by the
Corridor Board from the Kodak bridge east to Island
Grove Park at"D" Street or the terminus of the Trail at its
easternmost edge as may be extended by the Corridor
Board;
C. Weld County shall contribute an amount equal to 1/3 of the
costs associated with the maintenance and oversight of the
trail maintenance in lieu of providing labor, equipment or
other resources to maintain that portion of the Trail located
in locations under County jurisdiction;
D. Corridor Board shall oversee trail maintenance, including
management of personnel, including volunteers, care and
use of equipment and contracting for special services as
may be needed from time to time to achieve the objectives
of Trail maintenance.
3
Section 6: Public Art. The City of Greeley designates 1% of its capital
construction funds for the installation of public art associated with
the respective improvement project that are most typically
installed near the capital construction project and within the City's
corporate limits. Certain trail head improvements for the Poudre
Trail were approved as part of the City's Quality of Life projects
The City has identified approximately$8,000 in 1%funding
available for installation in conjunction with the Poudre Trail
project. At present, only approximately 1.5 miles of the Trail is
actually located at present within City limits, however Greeley
citizens use and enjoy the full length of the Poudre Trail. The
Corridor Board may recommend a site for the installation of such
art within City boundaries, and subject to approval by the Greeley
City Council, if it is determined that it has a benefit to its citizens
and the Trail. Nothing in this Agreement limits the ability of the
Corridor Board from soliciting additional resources to augment the
public art piece, including in-kind and other such assistance.
Section 7: Law Enforcement. The law enforcement agencies of City, Town ,
and County shall be responsible for enforcement of laws on
those portions of the Poudre River Trail which lie within their
respective jurisdictions. To the extent possible, the law
enforcement agencies from each jurisdiction shall coordinate
such law enforcement activities.
Section 8: Poudre River Trail Corridor Board. The Poudre River Tail
Corridor Board as established by previous Intergovernmental
Agreement shall continue in its present form to advise the City ,
Town and County on routes, land acquisition, expenditures,
maintenance and other associated requirements of the Poudre
River Trail and as outlined within this Agreement. Appointments
to the Corridor Board to replace members whose terms have
expired or in some other fashion have vacated their board position
shall hereafter be made as follows:
A. The Board shall be comprised of nine members with three
members designated to represent each of the jurisdictions;
B. Upon notification of a board vacancy The City, Town and
County shall provide replacement members in either of the
following manners:
1. The jurisdiction may recruit volunteer members
from its constituent area and submit such names to
the Corridor Board for final selection; or
2. The Corridor Board may recruit and refer the names
of community members representative of the
jurisdiction within which a board vacancy has
4
occurred for consideration as replacement board
members. Upon verification of the acceptability of
the referred candidates by the jurisdiction, the
Corridor Board shall select final members for board
appointment.
C. All Board members shall serve a three year term, except
when filling a position of a member whose term was
partially completed. In such cases, the new board member
shall complete the remainder of the vacating board
member's term;
D. The Corridor Board will endeavor to appoint community
members who provide diverse and broad representation of
the population and who possess the attributes of greatest
need and benefit to accomplish the objectives of the Poudre
River Trail Corridor development and maintenance.
E. The Corridor Board shall adopt such internal rules as it
deems necessary and shall set priorities, budgets and
provide recommendations to the City, Town and County in
matters of routes, land acquisition, improvements,
maintenance, safety and any other matters it deems
appropriate regarding the Poudre River Trail and as set
forth within the Intergovernmental Agreement.
F. The current members of the Corridor Board shall serve
their respective terms as already established and in force.
Section 9: Entire Agreement. This Intergovernmental Agreement contains
the complete and entire agreement between the parties and
supersedes any prior oral or written agreements concerning the
Poudre River Trail, including but not limited to the parties'
Intergovernmental Agreement dated February 9, 1994; and as
amended October 14, 1996; but excepting those separate
agreements referred to herein to be completed and executed at later
dates or as separate considerations.
Section 10: Modifications. This Intergovernmental Agreement may not be
modified, discharged, or changed in any respect whatsoever,
except by further agreement in writing duly executed by the
parties hereto.
Section 11: Termination. This Intergovernmental Agreement may be
terminated by any party hereto within 90 days written notice of the
other parties. In the event of such termination, those portions of
the Poudre River Trail, including improvements, artwork and signs
on such portions located within the City, Town or County shall
remain under the ownership and control of such jurisdiction and all
monies being maintained in the Poudre River Trail Funds shall be
5
split evenly among the parties hereto, unless such monies are
otherwise specifically designated upon devise or donation for use
for the Poudre River Trail as it lies within one or more of the three
jurisdictions.
Section 12: Third Party Liability. Each party to this Agreement shall be
responsible for claims brought by third-parties occurring on those
portions of the Trail lying within their respective jurisdictions.
Signed and Approved this 23* day ofR 7
ail , 2004.
ATTEST:
OF CITY OF GREELEY, COLORADO
By: ±,, A• By: /G t c.-.c� a_ a
City Cl Mayor
APP' ! A TO EGA FORM: APPROVED AS T9\SUBSTANCE:
By: II -- By:
r [
City o : Ciy1
AS TO AVAILABILITY OF�:
By:
Finance Direct
ATTEST; TOWN O�F�WINDSOR,
/COLOORADDDOO
By: i : By: p
_ e R, cet
pu1y T.wn Clerk 7 ayor
APP •V i 1 G LEGAL FORM: APPROVED AS TO SUBSTANCE:
By: / - /L . Bra-
ty Atto ey � an ger
S T LABILIT OF FUNDS:
By:
tnance Direc or
ATTEST: COUNTY OF WELD, STATE OF
6
COLORADO, BY AND THROUGH THE
J'1 4i / ,, • E jI �: lARD OF COUNTY COMMISSIONERS
Lull/ Y \" �"- S NTH UNTI OF WELD
`�°. �.86 . -� .�.!4� a P
By: � i tLaGis7 i
n and Clerk to the > . = .oard Chaii David E. Lo g
Approved 9/18/06
ATTESTING TO BOARD OF CO A%Qt$' Signed 5/21/07
COMMISSIONER SIGNATURES 0l,
ATTEST: POUDRE RIVER CORRIDOR, INC.
/""By: By: �i`�Vl/ C
Board Sc etary and :hair
LIT
:-1006 -( /v7
City of/ V\
C i reeleyado
Great.From the Ground Up.
August 4, 2007
Esther Gesick
Weld County Clerk to the Board of Commissioners
P.O. Box 758
Greeley, CO 80632
Dear Esther:
Enclosed is your copy of the corrected Intergovernmental Agreement by and between the City of
Greeley, Town of Windsor, Weld County and the Poudre River Trail Board with original
signatures. A copy of the document has also been recorded.
Thank you for your assistance in getting this document re-circulated for signatures. Please call
me at 350-9785 if you have any questions.
Sinc y,
l'iti(i(t 7Y _*-4
Rebecca L. Safarik
Community Development i ector
enc.
sz :I V b— 911V I.ao1
SU03
Nf100 013M
Community Development-Office of the Director • 1100 10th Street,Ste.202,Greeley,CO 80631 • (970)350-9785 Fax(970)350-9800
We promise to preserve and improve the quality of life for Greeley though timely, courteous and cost-effective service.
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