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Home My WebLink About820686.tiff RESOLUTION RE: DECLARE CERTAIN PROPERTY IN HUDSON AS SURPLUS AND ACCEPT PURCHASE OFFER FROM HUDSON FIRE PROTECTION DISTRICT 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, it has been determined by the Board of County Commissioners that the following described parcels of land owned by Weld County are no longer needed for governmental purposes: Block 45, Lot 17 and the North 5 feet of Lot 18 and the grader shed as located on said property WHEREAS, in accordance with Weld County Ordinance No. 65, the Board desires to declare the hereinabove described property as surplus property, and WHEREAS, an offer to purchase said property has been received from the Hudson Fire Protection District for the total price of $8, 500. 00, the terms and conditions of said sale are set forth in the attached Intergovernmental Agreement, incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the above described properties located in Hudson, Colorado, be and hereby are, declared to be surplus property. BE IT FURTHER RESOLVED by the Board of County Commissioners that the purchase offer of the Hudson Fire Protection District for the above described properties be, and hereby is , accepted and approved. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners be and hereby is, authorized to sign the Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of January, A.D. , 1982. eboo 6 820686 Page 2 RE: DECLARE CERTAIN PROPERTY IN HUDSON BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -71 n T. Martin C irman h Carlson, -Pio-Tem Norman Carlson t t C. W. Kirby ne K. Stei mark �f .._. ATTEST: i � `.''" �' "4u'3.,,• Weld County Clerk and Recorder and Clerk to the Board,_, 7/ (� Deputy CountW Clerk AFPLL V� AS TO FORM: County Attorney DATE PRESENTED: MARCH 17 , 1982 INTERGOVERNMENTAL AGREEMENT FOR LEASE AND PURCHASE OF HUDSON GRADER SHED THIS AGREEMENT, entered into this D3 day of 51111-4LPi > , 1982 , by and between the Board of County Commissioners of Weld County, Colorado, a body politic and corporate organized under and existing by virtue of the laws of the State of Colorado and the Weld County Home Rule Charter, hereinafter referred to as the "County" , and the Hudson Fire Protection District, a Special District created pursuant to Title 32 of the Colorado Revised Statutes, hereinafter referred to as the "District" . WHEREAS, it has been determined by the County that the following-described parcels of land and the improvements located thereon, owned by the County are no longer needed for governmental purposes: Block 45 , Lot 17 and the North 5 feet of Lot 18 and the grader shed that is located on said property, and WHEREAS , in accordance with Weld County Ordinance No. 65 , the County has declared the above-described property as surplus property, and WHEREAS, the District has a use for the above-described property in furtherance of its statutorily defined duties, and WHEREAS , Article XIV, Section 18 , of the Colorado Constitution and Article I , Title 29 of the Colorado Revised Statutes, 1973 , authorizes political subdivisions to contract with one another for the purpose of providing any function, service, or facility lawfully authorized to each of the governmental units, and WHEREAS, in order to effectuate the policies agreed upon by the County and the District, it is appropriate that an intergovernmental agreement be entered into. NOW, THEREFORE, in consideration of the covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1 . That the County demises and leases the building and land located in the County of Weld, State of Colorado known as Hudson Grader Shed and more particularly described as follows: Block 45 , Lot 17 and the North 5 feet of Lot 18. 2 . Term. The term of this lease shall be from the date first set forth above in this Agreement through July 31, 1982 . Additional terms shall be for a period of one year Commencing August 1 of each year. 3 . Renewal. This lease shall be automatically renewed without action of the parties for two additional one year terms subject to the provisions of this agreement commencing August 1 , 1982 . 4. Rental. In consideration of this agreement, District agrees to pay as follows: a. One Thousand Dollars ($1 ,000 . 00) payable on the date of execution of this agreement. b. Three annual payments of Two Thousand Five Hundred Dollars ($2 ,500 . 00) , payable August 1 of each year commencing August 1 , 1982, and continuing each year thereafter until the total payments equal Eight Thousand Five Hundred Dollars ($8 , 500 . 00) . 5 . Notices. All notices required to be given to the County hereunder shall be in writing sent by certified mail to: Clerk to the Board, Weld County Board of County Commissioners, 915 Tenth Street, Greeley, Colorado 80631 . All notices required to be given to the District hereunder shall be in writing sent by certified mail addressed to: Secretary, Hudson Fire Protection District P.O. Box 17 , Hudson, Colorado 80642 ; provided that the parties, or either of them, may designate in 2 writing from time to time, subsequent or suppplementary persons or addresses in connection with said notices. Effective date of service of any such notice shall be the date such notice is mailed to District or County. 6 . Insurance. During the term of this lease, District shall obtain and maintain appropriate insurance on the improvements herein described and sufficient liability insurance. 7. Non-Liability. County shall not be liable for loss or damage to any property of District or of District' s agents , employees or guests at any time located in the lease premises or on or in the lands or buildings constituting the same, whether due to theft or suffered by reason of fire , water, rain, hail, lightening, explosion, or any other cause. Further, County shall not be liable for any injury to the District or any other persons, from any cause relating to the leased premises. 8 . Utilities. All utilities supplied to the above-described premises shall be paid for by the District. 9 . Use of premises. District agrees to use the premises solely for purposes directly related to its statutory obligations as a fire protection district. 10. Maintenance of premises. District shall, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease. 11 . Indemnification. District covenants and agrees that it will indemnify and save harmless, County from all demands, claims, costs, cause of actions or judgments and from all expenses that may be incurred investigating or resisting the same, rising from or growing out of any act or neglect of District, its contractors, agents, employees, invitees , 3 servants, sub-tenants, successors or assigns in connection with its occupancy, or their occupancy or any portion of the leased premises. 12 . Waivers. No waiver or default by County of any of the terms, covenants, or conditions hereof to be performed, kept and observed by District shall be construed or operated as waiver by County of any subsequent default of any of the terms , covenants or conditions herein contained to be performed, kept and observed by District. 13 . Default. Should District fail, refuse, or neglect to pay the rent as herein provided, or should District breach any of the terms and conditions of this lease agreement, County shall become entitled to repossess the demised premises upon giving District notice of such breach in writing at least three days in advance. If, at the end of such three day period, following the services of said notices, such breach has not been remedied and District should refuse to vacate the premises, County may use such remedies it may deem fit under the circumstances to repossess the same, with or without process of law. Further, if District abandons the leased premises, County, may at its option, cancel and terminate this lease agreement or may without terminating the lease agreement, enter upon and take possession of leased premises with or without process of law, without liability for trespass . 14. That in consideration of District fulfilling its obligations under this agreement, County agrees to convey all right, title and interest held by the County to the District upon full and final payment of the total purchase price of Eight Thousand Five Hundred Dollars ($8 ,500 . 00) . 4 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names the day and year first above written. i. '?1 " �` ":;, BOARD OF COUNTY COMMISSIONERS ATTEST: } : '� :''��" a '-'' '"". - "� WELD COUNTY, COLORADO BY: - -�, J-z--1 -;Ieputy Couptp Clerk/- d —� _ : hn T. Martin Chairman ATTEST: BY , ,, _ J)ic? e>e' HUDSON FIRE PROTECTION DISTRICT BY: !N (�"� 5 tlHUDSON FIRE ,A 1234 ' PROTECTION WR DO 642 , - - U ] 19 82.473 ay to the mi xder of .e_-C E�s�47 $1,000.00 d.. _"00✓ ---- ollars ,t g.-P�at llf-I}R WNW!NA If4NSJ/ _ HLPRESIDENT VICE PRESIDENT THE � eniJ STATE BANK // \J y' 0 � KfENfSANAA,COLORADO MO - - Q__ 7)-` l^�ETARY TREASURER 1 ' L0 7004 7 34t: 600'=, S390 .110000 1000001' 3el�rk�*D-"�_ u5*�4 K s11£*SwuM1/-$ttl4 x�pa^?S'i -=S ;Him+�-P"'S3$]C'f+"''"ji$('.wix��C rt4d.Y'f.Ss_- xSrvm,}£".{.?�i°'.CE'i:. `�P'v «Y / V - 4 u J alitteA, $/ 666. O6 ‘L12eQ 1AL . tiningin - ri J 1 q�F �4 can' 1 - r - - - - LLcc O e �Ty' - �- _ co a�a v. _ .O W W E — 006 oU �.r M _ . --. CL l- . - O>- �.`$' . - -- - - - - I-0 , -a Me eeofNozoI. N co . O m m - - - - - -1 d3AN9O MIS a-iv3 }+7 - - ( - LI ae. OA m m �? OFFICE OF WELD COUNTY CLERK AND RECORDER ,'. DEPARTMENT OF CLERK TO BOARD alrin PHONE 13031 356-4000 EXT. 223 O P.O. BOX 459 GREELEY, COLORADO 80631 COLORADO March 17 , 1982 Hudson Fire Protection District c/o Everett Swarts P. O. Box 57 Hudson, Colorado 80642 RE : INTERGOVERNMENTAL AGREEMENT Dear Mr. Swarts: Please sign and return the enclosed original of the Intergovernmental Agreement for Lease and Purchase of Hudson Grader Shed between Weld County and the Hudson Fire Protection District, along with your check in the amount of $1, 000. 00. A copy of the Board of County Commissioners' Resolution of acceptance is also enclosed for your records. If you have any questions regarding this matter, please feel free to contact us at 356-4000, ex. 225 . Sincerely, WELD COUNTY BOARD OF COUNTY COMMISSIONERS AND CLERK TO THE BOARD 7 Bette M. I'oose, Deputy Hudson Fire Protection District • OFFICIALS OF AGENCY : i . Name Everett Swarts Phone - Home 536-4425 Address p. 0. Box 57 Office Hudson. Colorado 80642 2 . hare Robert E. Bullard Phone - Home 536-4757 Address P. 0. Box 55 Office Hudson, Colorado 80642 3 . Name George J. Roskop Phone - Home 659-1834 Address Rt. 1 Box 205 Office Brighton, Colorado 80601 REF FERRALS FROM THE WELD COUNTY PLANNING COMM] SSION SHOULD BE SENT TO : • game Judith McGill Phone - Home 536-4701 Address P. 0. Box 7 Office Hudson, Colorado 80642 DAY OF MEETINGS EACH MONTH: 1st thursday of the month isi# 678Di, frb 'u OCT 1980 RECEIVED. ass Veeit[lse Wm:asiot c'9 mEmoRAnDum Illik To Commissioners Date January 22, 1982 COLORADO From Keitha White Office of Clerk to the Board subject: Offer to purchase Hudson grader shed On Friday, January 22, 1982, Mr. Everett Swarts, president of the Hudson Fire Protection District came to my office and related the following to me: The Town of Hudson does not wish to purchase the Hudson grader shed as offered to them in a letter from Drew Scheltinga, dated November 18, 1981. The town referred the letter to the Hudson Fire Protection District. The fire district does wish to purchase the shed under the same terms and conditions offered to the town. Mr. Swarts presented, to me, a check from the fire district in the amount of $1, 000 as a down payment. I have discussed this matter with Don Warden. Mr. Warden does not feel it is necessary to have a written refusal from the town of Hudson. At this time the Board needs to accept or reject the fire district' s purchase offer. If the offer is accepted the County Attorney will prepare an intergovernmental agreement regarding the terms and conditions of the sale to the Hudson Fire Protection District. r mEmoRAnDum To Lee Date February 18 , 1982 COLORADO From TOM Subject: IGA Attached is a letter dated November 18 , 1981 , from the County Engineer to Randall Worth and also a note from Don Warden. Would you put together a short intergovernmental agreement as per Don' s request concerning this matter. Tom TOD: ss DEPARTMENT OF ENGINEERING (It PHONE(303)3564000 EXT.BOX 750 BOX P.O. 758 GREELEY,COLORADO 80632 j I) COLORADO November 18, 1981 Randall Worth Mayor Town of Hudson Box 351 Hudson, CO 80642 Dear Mr. Worth: 'Ibis is in response to your letter of November 2, 1981 to Wayne Smyth regarding Weld County's grader shed in the Town of Hudson. In October, an appraiser from the Weld County Assessors Office estimated the value of our building and land at $8500.00. A copy of the appraiser's report is attached. On November 17, I presented your letter and the appraiser's evaluation to the Board of Commissioners during a regular scheduled work session. It was the Boards opinion, that the Town of Hudson should have the first right of refusal on this property. The Board offers this property to the Town for the price of $8500.00. If the Town is unable to pay the $8500.00 immediately, the Board would consider a $1000.00 down payment and three annual payments of $2500.00. No interest over the three year period would be assessed. Please advise me of your intentions so that I may inform the Board. If you have further questions please contact me. Sincerely, Drew L. Scheltinga Engineering Manager /72 DLS:sc CC: Commissioner June Steinmark Director of Purchasing Operations Manager Hello