HomeMy WebLinkAbout20001280.tiff RESOLUTION
RE: APPROVE ADDITION OF PARAGRAPH #13 TO SOUTHWEST WELD SERVICE
AREA ROAD IMPACT FEE INTERGOVERNMENTAL AGREEMENT, ORDINANCE
#211
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, before its approval, the City of Longmont requested the addition of
paragraph 13, entitled "Defense of Claims", and
WHEREAS, after review, the Board deems it advisable to include paragraph #13, a copy
of which is attached hereto and incorporated herein by reference, into its signed version of the
Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that paragraph #13, as attached be, and hereby is, approved for
inclusion into the signed version of the Southwest Weld Service Area Road Impact Fee
Intergovernmental Agreement, approved on February 14, 2000.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of May, A.D., 2000.
BOARD OF COUNTY CO MISSIONERS
WEL 0HHYtr:i
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,pl arbara•J: • ever, Chair
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Dale K. Hall ///
ounty Attorney .(/ w
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2000-1280
ORD211
tt MAY 3 0 2000 W�L
fatt: .41;o BOARD OF COUNTY COMMISSIONERS
PHONE (970) 356-4000, Ext 4200
FAX: (9(970)) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
May 24, 2000
Edward Tagliente, Mayor
Town of Frederick, Colorado
401 Locust Street
P.O. Box 435
Frederick, CO 80530
RE: Addition of Paragraph 13, Defense of Claims,to Southwest Weld Service Area Road Impact
Fee Intergovernmental Agreement
Dear Mayor Tagliente:
On February 14, 2000,the Board of County Commissioners of Weld County approved the
Southwest Weld Service Area Road Impact Fee Intergovernmental Agreement between Weld
County, the Town of Frederick, and the City of Longmont. The Town of Frederick approved the
Intergovernmental Agreement on February 19, 2000. Before its approval, Longmont requested the
addition of paragraph 13, entitled "Defense of Claims." The full text of the paragraph is as follows:
13. Defense of Claims. If any person, other than the Parties, allegedly aggrieved by any
provision of this Agreement should sue the County or the Other Participating Local
Governments concerning this Agreement,the County shall, and the Other Participating Local
Governments may, defend such claim upon receiving timely and appropriate notice of
pendency of such claim. Defense costs shall be paid by the party providing such defense. If
any person, other than the County, should obtain a final money judgment against the Other
Participating Local Governments for damages and costs, including attorney's fees, from
regulations in this Agreement or regulations adopted by the Other Participating Local
Governments in implementing this Agreement,the County shall, to the extent permitted by
law, indemnify the Other Participating Local Governments for the amount of said judgment.
In addition,the County shall name the Other Participating Local Governments as an
additional insured on applicable insurance policies with respect to all activities the County and
Other Participating Local Governments may perform under the Agreement. Nothing
contained in this Agreement shall constitute any waiver by the Other Participating Local
Governments or the County of the provisions of the Colorado Governmental Immunity Act
or other applicable immunity defense. This provision shall survive termination of this
Agreement, and be enforceable until all claims are precluded by statutes of limitation.
Letter, Tagliente
May 24, 2000
Page 2
Weld County does not object to the inclusion of paragraph 13. With the understanding that the City
of Longmont will incorporate paragraph 13 into its signed version of the Intergovernmental
Agreement, Weld County agrees to its inclusion and asks Frederick to do the same.
Sincerely,
BOARD OF WELD COUNTY COMMISSIONERS
Barbara J. Kirkmeyer, Cha
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Geor e E. Baxter Mike eile
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Dale K. Hall Glenn Vaad -.—?
The Town of Frederick hereby agrees to the inclusion of the above stated paragraph 13 into the
Southwest Weld Road Impact Fee Intergovernmental Agreement, approved by the Town on
February 19, 2000.
TOWN OF FREDERICK
By:a it..4/ c"4 fo .
Edward Taglie e, M or
Let/Tagliente.wpd
pc: Bruce Barker
Don Warden
Richard E. Samson
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