HomeMy WebLinkAbout20002428.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR INFRASTRUCTURE
IMPROVEMENTS TO GREELEY-WELD COUNTY AIRPORT AND AUTHORIZE CHAIR
TO SIGN - CITY OF GREELEY
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
Infrastructure Improvements to the Greeley-Weld County Airport between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
the City of Greeley, with 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 Infrastructure Improvements
to the Greeley-Weld County Airport between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the City of Greeley 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 9th day of October, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 41/ r Ir
. �!a EXCUSED
.: ,;, `� � Barbara J rkmeyer, Chair
Weld County Clerk to t
er Ply)
Nem M. r Geile, Pro-Tem
BY: •
Deputy Clerk to the B.
orge . Baxter
pp ED AS ORM:
/ Dale K. Hall
C"outity At o Oy G /
Glenn Vaad- -
2000-2428
CO : reams, '1" AP0009
INTERGOVERNMENTAL AGREEMENT FOR INFRASTRUCTURE
IMPROVEMENTS TO THE GREELEY-WELD COUNTY AIRPORT
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 9th day of
October , 2000,by and between the City of Greeley, a municipal corporation of the State of
Colorado, by and through its City Council, hereinafter referred to as "City,"with offices located at
1000 10"' Street, Greeley, Colorado 80631, 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,the Greeley-Weld County Airport("the Airport")serves the citizens of the City
and of the County by providing runway, hanger, terminal, and fuel services for aviation coming to
and leaving from City and County, and
WHEREAS, the Airport is in need of infrastructure improvements, consisting of the
extension of water and sewer lines, road improvements, and miscellaneous electrical, and
WHEREAS,City estimates the total cost of the project to be$370,000,with one-half of such
cost($185,000)being paid for by the City,and the remaining one-half($185,000)being paid for by
the County, and
WHEREAS, City and County desire to enter into an Agreement for the infrastructure work
according to the terms and covenants set forth herein, 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 infrastructure improvement project is completed, and b) the
City's one-half share of the cost, as described in Paragraph 3,below,is paid by City
to County.
2. EXTENSION OF WATER AND SEWER LINES:
The extension of the contemplated water and sewer lines to the Airport by City shall
be either performed by or contracted for performance by City. County shall have no
Page 1 of 3 Pages
duty to perform the extension work or review any part thereof, and shall not in any
way warrant the work by the City or its contractor. Electrical work to relocate buried
lines shall be performed by an independent contractor hired by City or its contractor
in conjunction with the water and sewer lines extension work. Road improvements
shall either be performed by or contracted for performance by County. City shall
have no duty to perform the road improvement work or review any part thereof, and
shall not in any way warrant the work by the County or its contractor.
3. PAYMENT OF COSTS OF WATER AND SEWER LINE EXTENSION PROJEC"1
County agrees to pay for the entire cost of the water and sewer line extension project
estimated to cost$370,000. City agrees to repay County for its one-half share of the
project (estimated to be $185,000) by paying to County 25% of the project cost on
or before January 15, 2001, and paying to County 25% of the project cost on or
before January 15, 2002, without interest. Any sum outstanding after the scheduled
payment date shall accrue interest at the rate of six (6)percent per annum until paid.
4. 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.
5. 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.
6. 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
Page 2 of 3 Pages
and signed by the party claimed to have waived or consented. Any consent H' atn
party hereto, o: waiver of, a breach by any other par's. whether express or iniltlie I.
shall not constitute tr consent to. waiver of, or excuse for am other MIL:Jo
subsequent breach.
IN W TNESS WT IEREOF, the parties hereto have signed this Agreement this Il ry X II
. 2000.
CI'T'Y OF GRE ELEY,a municipal corpoi ado]
ATTEST: oh the STATE OF COLORADO,by and throudli
its City Council
By: See attached City of Greeley signature page
Betsy Holder, City Clerk Jerry Wones, Mayor
ATTEST: COUNTY OF WELD, STATE O1
COLORADO, by and through the Board of
County Commissioners of Weld County
13y:_
Clerk to the Board Barabara J. Kirkmeyer, Chair
M\NPPILESVAGRCEACityWS Air wpd
Page 3 of 3 ('ages
AT ITS : I HL ( Ill r 1F (iRLII.1-.1 , (.OI_()R.AI)U
"
City Cle Mayor
APPROVED AS TO SUI3STANCE: APPROVER, AS TO LEGAl. FORM:
i i\\ \ t\
By: i" / t ` / By: L. \
._
City1Canager City Attorney
AVAILABILITY OF FUNDS:
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Director of Final ce
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