HomeMy WebLinkAbout20010364 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE BASE UPGRADE AND
PAVING OF WELD COUNTY ROAD 15 AND AUTHORIZE CHAIR TO SIGN -TOWN
OF JOHNSTOWN
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 a Intergovernmental Agreement for the
Base Upgrade and Paving of Weld County Road 15 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and the Town of Johnstown, commencing upon execution of this
agreement, and ending September 30, 2003, 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 for the Base Upgrade and
Paving of Weld County Road 15 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Town of Johnstown 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 5th day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD
COl1TY, COLORADO
ATTEST: gjet, E Aa �
40 M. J. eile, Chair
Weld County Clerk to th
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Glenn Vaad, Pro- em
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Deputy Clerk to the Boa�� r��' �1"7-
Will H. Je ke
APP D AS TO FORM: � ! cx ( js
David E. ong
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Robert D. Masden
1_ 2001-0364
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INTERGOVERNMENTAL AGREEMENT FOR THE BASE UPGRADE AND PAVING
OF WELD COUNTY ROAD 15
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 5th day of
February , 2001, by and between the Town of Johnstown, a municipal corporation of
the State of Colorado,hereinafter referred to as"Town,"with offices located at 101 Charlotte Street,
P.O. Box 609, Johnstown, Colorado 80534, and the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as
"County,"with offices located at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, County recently completed base upgrade and paving of Weld County. Road
("WCR") 50, from WCR 13 east to its intersection with WCR 17, and
WHEREAS, County also recently completed paving and/or repaving of WCR 13, from
Colorado State Highway 60 north to its intersection with WCR 50, and
WI-IEREAS, Town requests that County upgrade the base and pave WCR 15, from Town's
jurisdictional boundary north to the intersection of WCR's 15 and 50, and
WHEREAS, Town and County now desire to enter into an Agreement for the base upgrade
and paving by County of WCR 15,from Town's jurisdictional boundary north to the intersection of
WCR's 15 and 50,upon the promise that Town shall accept by deed the transfer of ownership of said
stretch of WCR 15 and shall thereafter assume the responsibility of performing all necessary
maintenance on said roadway, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM:
The term of this Agreement shall be from the date first written above to and until
such time as: a)the base upgrade and paving project described herein is completed,
and b) the transfer of ownership of said stretch of WCR 15 by deed executed by
County is accepted by Town.
Page 1 of 3 Pages
2001-0364
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2. BASE UPGRADE AND PAVING OF WCR 15, FROM TOWN'S BOUNDARY
NORTH TO WCR 50:
County shall upgrade the base and pave WCR 15,from Town's boundary north to its
intersection with WCR 50. County shall be responsible for all project work,
including the administration, engineering, design, construction, inspection, and
materials testing thereof. County shall also be responsible for the entire cost of said
project. County shall utilize its Public Works Department personnel to perform the
work. County plans to design, acquire right-of-way, and relocate utilities in 2002,
and to construct said project by September 30, 2003, with such completion date
depending upon currently unknown factors such as weather,availability of materials,
and the need for completion of other planned and/or emergency projects.
3. TRANSFER OF OWNERSHIP OF WCR 15, FROM TOWN'S BOUNDARY
NORTH TO WCR 50:
Upon completion of the project described in Paragraph 2., above, County shall
transfer ownership of WCR 15,from Town's boundary north to its intersection with
WCR 50 by quit claim deed,which deed shall immediately thereafter be accepted by
Town.
4. ASSUMPTION OF ALL NECESSARY MAINTENANCE:
Upon the acceptance of the transfer of ownership of said stretch of WCR 15, Town
shall thereafter assume the responsibility of performing all necessary maintenance on
said roadway.
5. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
Page 2 of 3 Pages
7. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification,amendment,novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term,provision, or clause of this Agreement
shall be deemed waived or excused,unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
8. NO WARRANTY.
By virtue of its entering into this Agreement and upon its promises to perform the
work described herein, County makes no warranties, either express or implied, that
the paving of said stretch of WCR 15 meets or will meet standards other than those
generally required for counties and cities of the size and type similar to County and
Town.
___IN WITNESS WHEREOF, the parties hereto have signed this Agreement this d of
a_ _ 2000.
o,�Nsrotvy TOWN OF JOHNSTOWN, a municipal
_` l AT; oES'': corporation of the STATE OF COLORADO
b o
,",>S B U By. i
"d0 eele, Town Clerk Troy n, Mayor il4
ATTEST: ill, COUNTY OF WELD, STATE OF
•►�'— - �I� � COLORADO, by and through the Board of
,tf � County Commissioners of Weld County
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Clerk to the Board UN'\ �, M. J Gefle, Chair (02/05/2001)
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