HomeMy WebLinkAbout20042527.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ST. VRAIN LEGACY TRAIL
SYSTEM AND AUTHORIZE CHAIR TO SIGN -TOWN OF FREDERICK, TOWN OF
FIRESTONE AND CITY OF DACONO
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 for St.
Vrain Legacy Trail System among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Town of Frederick, Town of Firestone and
City of Dacono, with terms and conditions being as stated in said agreement, and
WHEREAS, a hearing before the Board was held on the 16th day of August, 2004, at
which time the Board deemed it advisable to continue said matter to August 23, 2004, at
9:00 a.m., and
WHEREAS, at said hearing on the 23rd day of August, 2004, after review, the Board
deemed 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 for St. Vrain Legacy Trail System
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Town of Frederick, Town of Firestone and City of Dacono,
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 23rd day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
IEL % WELD C UNTY, COLORADO
�M �
� �' l Robert D. Masden, Chair
e j -un '�:, k to the Board
1y-
,�®� William H. J e, Pro-Tem
Deputy Clerk to the Board
M. J. i e
VED RM:
Jv David E. Long
County
Glenn Vaad
Date of signature:
2004-2527
BC0024
�/�: 'Cie&-vt_pci< (OR,6) DI--27-U/
TOWN OF FREDERICK
re
401 LOCUST STREET• P.O. BOX 425 • FREDERICK, CO 80530-0435
PHONE: (303) 833-2388• FAX: (303) 833-3817
0,0141, Q
August 4, 2004
Weld County Board of Commissioners
1402 N 17th Avenue
Greeley, CO 80631
Dear Commissioners:
Enclosed is an IGA with Frederick that we would like to enter into with the County, Firestone,
and Dacono, on the St. Vrain Legacy trail system. Please sign and return back to the Town of
Frederick, PO Box 435, Frederick, CO 80530.
If you have any questions, please feel free to contact Richard Leffler here at the Frederick Town
Hall, 303-833-2388 or his e-mail is dleffler@frederickco.gov.
Sincerely,
r / lcrZen,vt“
Jac. ' e McConnell
Town Clerk
enc
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement is made and entered into effective as of ' -/-o'<
between the Board of County Commissioners of the County of Weld, State of Colorado,
hereinafter called the "COUNTY," and the Town of Frederick, a Colorado Municipal
corporation, hereinafter called "FREDERICK,"the Town of Firestone, a Colorado Municipal
corporation, hereinafter called "FIRESTONE," and the City of Dacono, a Colorado Municipal
corporation, hereinafter called "DACONO," and all three communities collectively called
"MUNICIPALITIES."
RECITALS
WHEREAS,the COUNTY exercises governmental authority regulating land use, growth
and development in its unincorporated areas, which areas include lands surrounding the
MUNICIPALITIES; and
WHEREAS, the MUNICIPALITIES exercise governmental authority over the same
matters within their municipal boundaries, and annexations, and are able to provide municipal
services and facilities for efficient and desirable urban development; and
WHEREAS, in Title 29,Article 20, Colorado Revised Statutes,the General Assembly of
the State of Colorado has granted broad authority to local governments to plan for and regulate
the development and use of land within their respective jurisdictions; and
WHEREAS, in said Tide 29, Article 20, Colorado Revised Statutes,the General
Assembly has further authorized and encouraged local governments to cooperate and contract
with each other for the purpose of planning and regulating the development of land by the joint
and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory
powers.
NOW I IIEREFORE, for and in consideration of the mutual promises and undertaking.
set forth herein,the parties agree as follows:
I. PURPOSES AND OBJECTIVES. The purpose of this Agreement is to establish
procedures and standards pursuant to which the parties will fund and construct the St. Vrain
Legacy Trail Project that lies within the jurisdictions of the COUNTY and FIRESTONE.
2. DESCRIPTION OF THE PROJECT. The St. Vrain Legacy trail is a
walking/bicycling path approximately 4,740 feet long from Weld County Road 16 to the existing
Legacy Trail connection in Firestone and more particularly described on Exhibit A attached
hereto and made a part hereof.
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3. FUNDING OF THE PROJECT.
a. The total cost of the project is estimated to be $ 257,348.
b. The parties to this IGA applied for and received a grant in the amount of
$205,878.88 from the Colorado Department of Transportation which amounts to 74%of the total
cost of the project.
c. The parties agree to fund the balance of the project as follows:
1) FREDERICK $3,091.44
2) FIRESTONE $20,887.70
3) DACONO $3,091.44
4) COUNTY $25,529.42. This amount may be provided
in kind as services and material for trail seeding,native grass seeding and soil preparation,
spreading straw mulch and providing 3" crusher fines for trails.
d. The three (3) communities shall fund their respective portions of the
project at the time of execution of this Agreement. Payments shall be made to the Frederick
Town Treasurer.
e. The Consultant will not be hired until the communities fund their respective
portions of the project.
4. PROJECT MANAGEMENT. The project will be managed by the Frederick Town
Engineer who will be responsible for submitting RFPs to qualified consultants, selecting the
consultant, overseeing, inspecting and approving the work of the consultant.
5. MISCELLANEOUS PROVISIONS.
5.1 Severability. Should any one or more sections or paragraphs of this Agreement be
judicially determined invalid or unenforceable, such judgment shall not affect, impair or
invalidate the remaining provisions of this Agreement, the intention being that the various
sections and paragraphs are severable.
5.2 Enforcement. Any party may seek specific performance or enforcement of this
Agreement in a Court of competent jurisdiction, but neither party shall have any claim or remedy
for damages arising from an alleged breach hereof against the other, nor shall this agreement
confer on either part standing to contest a land use decision or action of the other except as a
breach of this agreement. This agreement is not intended to modify the standing the parties may
possess independent of this Agreement. This Agreement is between the MUNICIPALITIES and
the COUNTY and no third party rights or beneficiaries exist or are created hereby.
5.3 Termination. This Agreement will continue in effect until terminated by the parties.
Any party may terminate this Agreement by giving 30 days written notice thereof to the other.
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IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the
date first above written.
OF COUNTY COMMISSIONERS TOWN CK OLORADO
L J COUNTY OF
FpWELD
•. & \\ By:
Eric E. Doering, Mayor
' 1861 t'ci, I tic Y� rt 23/2004
.,;S 0 ATTEST:
® NI ` Clerk he Board er /I W
Deputy clerk to the Boar:` acque . McConnell, Town Clerk
TOWN QF FIRESTONE, COLORADO CITY O�DAC�nONO, CO O
By: / By:��' V0 `'V� 44-,Q .detco'G .,
Dennis Bertron, Mayor Pro-tem Wade Carlson, Mayor
ATTEST: // .. Al 1EST:
A" C
By: C By: OL IM1,ef,AA9
Judy gwood own FlielS) Valerie E999kliott-Lucero, Town Clerk
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