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Home My WebLink About20020938.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SHARING OF FREDERICK - WELD COUNTY ROAD IMPACT FEE FUNDS 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 #2000-0426 approved on February 14, 2000, the Board did approve the Southwest Weld Service Area Road Impact Fee Intergovernmental Agreement between Weld County, the Town of Frederick, and the City of Longmont, and WHEREAS, the Town of Frederick approved the Intergovernmental Agreement on February 19, 2000, and WHEREAS, the parties hereto desire to improve, with two lanes of paving and shouldering, Weld County Road 11 between Weld County Road 20.5 and Weld County Road 22, and WHEREAS, such portion of Weld County Road 11 extends within the jurisdictional boundaries of all three government entities and is currently on the list of roads to be improved pursuant to such road impact fee program, and WHEREAS, the parties agree to share amongst themselves monies generated through a road impact fee charged by each such governmental entity for the purpose of road improvements on various roads within their respective jurisdictions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for sharing of Frederick-Weld County Road Impact Fee funds as attached be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2002-0938 pe: 4 j, rreder;cA1 gresforl. EG0046 INTERGOVERNMENTAL AGREEMENT FOR SHARING ROAD IMPACT FEE FUNDS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WJYtDO OUNT ��_ ATTEST: i>�� ,.,a 7 `! _ '1� L Gleaad, Chair Weld County Clerk to the '.ar- 1868 .3• BY: a a �, f . r avid E. L g, ro- e Deputy Clerk to the Box.. If e \ue 11�j �s.�t M. J. le APP ED AS FO EXCUSED .�� William H. Jerke p Count�rrn'ey \ VIA k rV�\ci. </� Robert D. Masden Date of signature: c 2002-0938 EG0046 546 INTERGOVERNMENTAL AGREEMENT FOR SHARING OF FREDERICK-WELD COUNTY ROAD IMPACT FEE FUNDS THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into this±_t day of A ri ) , 2002, by and between the TOWN OF FIRESTONE, a municipal corporation of the STATE OF COLORADO, with its principal office located at 151 Grant Avenue, P.O. Box 100, Firestone, CO 80520, hereinafter referred to as "Firestone;" the TOWN OF FREDERICK, a municipal corporation of the STATE OF COLORADO, with its principal office located at 401 Locust Street, P.O. Box 435, Frederick, CO 80530, hereinafter referred to as "Frederick;" and the COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, with its offices located at 915 10th Street, Greeley, Colorado 80631,hereinafter referred to as "Weld County." WITNESSETH: WHEREAS, the parties hereto are authorized to enter into intergovernmental agreements with one another, pursuant to C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)O), for the purpose of achieving greater efficiencies for the provision of services in their jurisdictions, and WHEREAS, each of the parties hereto is authorized to construct and maintain streets and roads within their respective jurisdictions, and WHEREAS,Frederick, Weld County and the City of Longmont have entered into an intergovernmental agreement, entitled "SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE INTERGOVERNMENTAL AGREEMENT," wherein the parties thereto agreed to share amongst themselves monies generated through a road impact fee charged by each of such governmental entities for the purpose of road improvements on various roads within their respective jurisdictions, with such monies being limited to be spent in certain Benefit Areas of the Southwest Weld Service Area, and WHEREAS,the parties hereto desire to improve, with two (2) lanes of paving and shouldering, Weld County Road ("WCR") 11, between WCR's 20.5 and 22, and WHEREAS, such portion of WCR 11 extends within the jurisdictional boundaries of all three government entities and is currently on the list of roads to be improved pursuant to such road impact fee program, and WHEREAS, Frederick and Weld County have agreed to spend for the improvement project monies from the Benefit Area 3 Southwest Weld Service Area Road Impact Fee Trust Fund. Page 1 of 3 Pages 1111111111111111111 11111 IIII 11111111111 III Man 2945546 04/24/2002 10:29A JA Suki Tsukamoto 1 of 3 R 0.00 D 0.00 Weld County CO Ji,(a-c 4=f' • NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: IMPROVEMENTS TO BE COMPLETED: Firestone agrees to construct improvements to Weld County Road ("WCR") 11, between WCR's 20.5 and 22, to include two (2) lanes of paving (twenty-four feet [24'] wide) and four foot (4')paved shoulders. Firestone anticipates such improvements to be completed by September 1, 2002. Firestone shall diligently pursue completion of the improvements, but shall have no liability if the improvements are not completed by September 1, 2002, due to circumstances beyond Firestone's control. II. PAYMENT OF BENEFIT AREA 3 SOUTHWEST WELD SERVICE AREA ROAD IMPACT FEE TRUST FUND MONIES TO FIRESTONE: Frederick and Weld County agree to pay the sum of$150,000 to Firestone for the improvements to be completed by Firestone as detailed in Paragraph I., above. Such payment shall be made as follows: $75,000 shall be paid upon the signing of this IGA by all parties, and $75,000 upon completion of the improvements, as evidenced by Firestone's issuance of a, certificate of substantial completion for the work. Firestone agrees to notify Weld County and Frederick in writing at the address shown above of the completion of such improvements and the $75,000 balance shall be paid within 15 days of the date of such notice. The parties hereto agree that Frederick and Weld County are not obligated to pay anymore than $150,000 for such improvements. Weld County and Frederick represent that the funds to be paid hereunder have been appropriated and are available for payment. Any costs in excess of the $150,000 that are incurred by Firestone to complete such improvements shall be the sole responsibility of Firestone. III. 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. IV. 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 contained 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. V. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized any IGA with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the Page 2 of 3 Pages 111111111111111111111111111111111111111 III 11111 IIII B 2945546 04/24/2002 10:29A JA Suki Tsukamoto 2 of 3 R 0.00 D 0.00 Weld County CO terms herein contained shall be binding on either party, or its agents or employees, hereto. This IGA embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. VI. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this IGA be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this IGA. The parties hereto acknowledge and agree that no part of this IGA is intended to circumvent or replace such immunities. SIGNED the date and year set forth above. ATTEST: TOWN OF FREDERICK, a municipal corporation of the STATE OF COLORADO By: By: Sandra M. Newb C� , Town Clerk , Mayor ��NE•• 1/47 ATTEST: too TON OF FIRESTONE, a municipal i c' r' ooi iration of the STATE OF COLORADO I S J By: ; -P{_'e <t; By Cheri Andersen, Town Clerk 1111 , Mayor ATTEST: Mia/li :t E TY OF WELD, a political CLERK TO THE BOARD OF ` .3►`sion of the STATE OF COLORADO COUNTY COMMISSIONE' 1861 )'3- deputy Clerk tot e Boar enn Vaad, Chairman, :.. d of °Li - / 7 - O County Commissioners of the County of Weld M:.W ITRFdAG*FMI...flFMi ryp Page 3 of 3 Pages 111111111111111111111111111111111111111 I I 111111 l l I 11111 2945546 04/24/2002 10:29A JA Suki Tsukamoto 3 of 3 R 0.00 D 0.00 Weld County CO Firestone A Community `"oe In Motion recr Odri APR 1 5 2002 L� April 11, 2002 WELD COUNTY TTORNEY'B OFFICE Bruce T. Barker Weld County Attorney's Office P.O. Box 758 Greeley, CO 80632 Re: Intergovernmental Agreement for Sharing of Frederick-Weld County Road Impact Fee Funds Dear Mr. Barker, Enclosed are three signed copies of the Intergovernmental Agreement for Sharing of Frederick-Weld County Road Impact Fee Funds. The Town of Frederick has already signed the original copies. Please call me if you require any additional paperwork from the Town of Firestone. Sincerely, 0111,ea aide-Net) Cheri Andersen Town of Firestone Town Clerk 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 Hello