The URL can be used to link to this page

Browse Search

Home My WebLink About910999.tiff RESOLUTION RE: ORDER APPROVING INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF ERIE 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 with the Town of Erie, concerning a Treasurer's Deed which the County may acquire on August 16, 1991, with the further terms and conditions being as stated in said Intergovernmental 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 with the Town of Erie concerning a Treasurer's Deed be, and hereby is, approved with the execution of the Agreement by signature of each member of the Board. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: I // WELD COUNTY, OLORADO (/d ��, t. Weld County Clerk to the Board (NAY) � Cord c y airman BY: // �z ,(i AYE Deputy Clerk to turd George Kennedy, Pro /-Tem APPROVED AS TO FORM: \ � 7,7 Cl. (1/1/,�� (AYE) Co an• ;: L�rbeXt 17/&//"./49) - (AYE) / County Attorney C. W. Kirby d ! Y il,J,94 �.il (NAY) W. 910999 TRGCa01 cc TPk, Ens. , ( A M V - J PUG 12 '91 09:41 WESTErN MACHINE o w n a i- E r i E P.3/7 a 2 INTERGOVERNMENTAL AGREEMENT BETWEEN • THE COUNTY OF WELD, STATE OF COLORADO • AND THE TOWN OF ERIE, COUNTY OF WELD, STATE OF COLORADO)THIS INTERGOVERNMENTAL AGREEMENT, entered into this ai`//W ay of August , 1981. , between The County of Weld, State of Colorado, "County" and The Town of Erie , County of Weld, State of Colorado, "Town" : 1 .00. Ba,..ltgs.aunsi , County) may Acquire, on or about August 18, 1991 a Treasurer' s Deed for the following described real estate situate in the County of Weld, State of Colorado , to wit: See Exhibit "A" , attached hereto) and incorporated herein as though fully set forth. C . R, S . 41-4-101 provides ) in port , that " , , , the acquisition n£ eny lands for the purpose of establis ping airports Or other air navigation facilities ; the acquisition, of airport prOt.ertion privileges ; maintenance, equipment , and operation of . airports +.and other air navigation facilities ; and the exercise ofany other powers granted in this part 1 to any county, . . . or town are hereby declared to he public governmental functions , exercised for a .public purpose , and matters of public neceus ity ; And such lands and other property, easements , and privileges acquired And used in the manner and for the purpoees enumera teed in this part 1 are hereby declared to be acquired and used fnr public purpoeos and as a matter of public necessity . " C. R, S. 41-4 -.201 provides ) in part , that; " , , ,boards or trustees in towns have the power to acquire, eatablieh , construct. , own , control , lease , equip) improve , maintain, operate and regulate airports and landing fields . . , " C,. R. S . 29-1-203 provider' , in part , that governments may enter into contracts with each other to provide functions, services or facilities authorized to each of the contracting units . C.R. S , 39-11- 1.42( 4 ) (b) provides , .in party that county commissioners may decline to offer for public sale , lute or parcels for present public projects at defined in C . R. S , 20-20- 301 . S 910999 RUG 12 ' 91 9 : 35 2894131 PAGE . 003 RUG 12 '91 09:42 WESTF^`7 MACHINE P.44 • C.R. S. 30-201-301 provides , in part, that; " "Public project" means any lands , buildings, structures, works . . .or facilities suitable for and intended 'for use as public property for public purposes. . . " 1 . 10 . A,OR,,ICE,y.E;y.I_,TR...E R.CEAS.E• In the event County acquires the foregoing real estate on or before August 16, 1891 , Town agrees to buy, and County agrees to toll the foregoing real estate, and it is spetifically declared and Agreed to by Town that the property will be acquired for the purposes and pursuant to the powers set forth in 0,R.S, 4-4e101 et, . serf, 1 , 20. INIENT....AN.11-0.$1.1.QA.T.IA.Tlja..MAIN.T.A1N...PIi.alelC....1'.til3k.C lt. In the event that Erie acquires the foregoing real estate , it is understood and agreed that It will maintain said real estate for the public purposes set forth in C.A, S . 41-4-101 , 2.00. INCLUSIONS . The real estate shall be purahesed in an "as is" condition, as of August 18 , 1991 , with all casements and rights of waY appurtenant thereto, and all improvements contained thereon. 3 . 00, TEAMS, The purchase price shall be 5303 , 843 . 21 , payable in cash or certified funds , at closing, If any partial redemption should occur on any poet or portion of the above property, Town may either receive a reduction in the purchase price in the amount of said redemption, and the actual deed transferred to Town at closing will have any property so redeemed deleted from the legal description ,. and said property so redeemed will not be conveyed to Town , and County will be under no obligation to convey any part or portion of the property so redeemed, or Town will have the option to declare this contract null and void by delivering notice to County at the address set forth below, by no later than 2 : 00 P . M . , august 16 , 1901 . It is understood and agreed that that portion of the purchase price which might-, but for the proper procedural methods used by the County Treasurer in obtaining the Certificate of purchase and the issuance of the Treasurer' s Deed and/or but for the validity of the County Treasurer' s Deed, be barred by any applicable statute of .limitations , will be escrowed until such time as Town either obtains a Judgment quieting title in Town, and any appeals have been defeated, or any relevant times for appeal 11ae'e expired Vr bail eieeelural methode end/or rain Treasurer ' s Oeed are declared improper or invatlid such as to deny title in Town , will be escrowed by county. Ji 910999 AUG 12 ' 91 9 : 36 2894131 PAGE . 004 it RUG 12 '91 0943 WESTErm MACHINE "J n o r t r , e P 54- ,a v 't i In the event Town obtains a Judgment quieting tattle in Town, and all appeals have been defeated or' all relevant times for appeal have expired, the funds will be distributed to County for further distribution in accordance with law. In the event the Town should be defeated in said quiet title suit , and all appeals are exausted, or the Town should choose not to appeal , said escrowed funds will be returned to Town. i In the event the Treasurer's Deed should be declared void , the rights of the County thereunder shall inure to the Town. 4 , 00 . T..I.T..L,E...IM.BAlicE, A current commitment for title insurance, at Towns sole expense, shall be obtained by the Town on or before 2 : 00 P, M. August 18, ' 1991, which policy shall meet the approval of Town. In the event Town is not satisfied with the title commitment , it shall notify County on' or before 2 : 00 P.m. , August 16, 1991 , of such dissatisfaction and at the option of the Town, this Agreement shall be null and void. Failure to deliver notice in writing , or via. FAX to County, at the address or FAX number indicated below shall constitute a waiver of this paragraph 4 , 00 by Town. aCc< 5 .00 . TITLE. Title will be transferred to Town by County , subject to t,.he terse and conditions hereunder and the payment or tender aw above provided and compliance with the other terms and kN nditions hereunder, by a good and sufficient BARGAIN AND SALE DEED to said Town, free and clear of all taxes , and subject to \` r3 ‘ abuilding and zoning regulations , and any covenants , conditions , „,,,r, al Easements , .reservations and restrictions of record or in place . g ON 8 . 00 , GIMGSSx,G , The , date and place of closing shall be August r la, 1991 at The Weld County Treasurer' s Office, Greeley, Colorado at 2: 04 P.M. or such other date , time and place as the partiest'U0°) may mutually agree upon. 7.00 . P.,pS,S•g,SSI.014. Possession shall be given at cloning , 8. 00 . A,CTS_ OE_GO.D. In the event the premises are substantially damaged by fire , flood or other casualty between the date or this Agreement and the date of possession or the date of delivery of deed , whichever shall be earlier , this agreement may , at the option of the Town herein, be declared null and void . 9 .00 . TIME...I8_O—TaiE_.ES ENCC, Time is of tl)e eseence hereof , and if any payment cr Any other condition hereof is not made , tendered or performed by either the County or Town as herein provided , then this Agreement, at the option of the party who is not in default , may be terminated by such party, in which case the non-defaulting party may recover such damages as may be • 916999 AUG 12 ' 91 9 : 37 2994131 PRGE . 005 RUG 12'91 09:44�WESTE N meceic a w n o r t r , e P.6/7 - © 5 ; proper, 1n the event o£ Such default by the County, and the Town elects to treat the Agreement as terminated, then any payments made hereon shall be returned to the Town. . In the event, tho non-defaulting party elects, to treat this Agreement es being in full force and effect, the non-defaulting party 'hall have the ' right to an action for specific Performance and damages. i 10.00. I:INANCSNA. This Agreement is conditioned upon the Town obtaining a commitment tor financing , to its satisfaction, by August 16 , 1991 . Town represents and warrants that it has adequate funds to close upon the closing date, notwithstanding whether it has actually closed on any financing. If Town has not ; obtained a financing commitment by August le, 1991 , the TeWn may, at its option, waive this condition and proceed with closing , i 11 . 00. ,A=IPTAN,C.14. Xf this proposal for an Intergovernmentel Agreement is accepted by the County in writing on or before August 12 , 1991 , this Agreement shall become a contract between County and Town and shall inure to the benefit of the successors and assigns of such parties, however, this Agreement may not be . assigned by either party without the written permission of the other party, and any such denial of assignment shall be in the sole diecretien of the party objecting to the assignment . j 12 :00 . AreEMENT.,.:D.F£.M.Ei?_,A ..ele1«.:1.SL+. In the event title vested in the Town is voided then it is understood and agreed that this: Intergovernmental Agreement shall constitute it 99 yeur lease . , under the terms and conditionsfor all of the purposes forth herein. i TOWN OF ERIE APPROVED AS TO FORM: \ gSY: ,c,� MAYOR ( r TOWN Ta6L ORNEI.' ATTEST : axtc.ed WN�CLERK - i i I , Notice to Town at : Scott Hahn Town Administrator 645 Holbrook, P.0, Box 100 i 1 910999 AUG 12 ' 91 9: 38 2894131 PAGE . 006 to u u —RU,re u91 09144 WESTERN "I o "� r' t r . e P 7771- _ e b i! I• ! .FAX No. 6'6S- 3rs' 7 Erie , CO 90510 . • d .. County accepts the above proposal this i, day of August , 1991 . • 1 1; I' . ATTEST: ,T"i1 /i"Iia% • Coin om 1 r - �,66" /" h ii i ! �— 1 ! "" old County Clerk ' County Commissioner To The Board H I ! i ` � APPROVED AS TO FORM: ; ; County Commis inner ; . i �/ -� -'-_ Cr%//�� »/ COUnt.y Attorney ; 'County Commissioner �" i _l_th County Coco, issioner % i Notice To County: Ic/o Lee Morrison L ;Assistant County Attorney . P.o. Box ?56 Greeley , CO 90063 or ; ! F'AX N0. 1-352-0242 • , , Mrwldkar r . i :: I' 91099 FUG 12 ' 91 9 : 38 2894131 PAGE . O(77 '"'"=h - 'RUG 12 791 0940 WESTP.N MACHINE o 'J n o P 6 r i e - p.227 . 0 1 Ael 6 ofOq TOWN OF ERIE V, 4} 00 • • _ 646 HOLBROOK P.0,BOX 100. 'ERIE.COLORA0 60516 " 628.3643 o • - 666-3556 • . =e7 FACSIMILE TRANSMITTAL 20: rnt�l� u14�c�� ATTN2 �/./? (iL,Onl .f8" PAZ No= aac1 ^' 3 RzFERENCE: +j1O _n - E R , (JJ q /Fro rt -11 Lee PONe' r15erNN. L efr-IC • ; • " !. -.. PAX 270. = t303f 565-3557 NUM R OF A E N Yr _ ? . L G HIS SR , 91999 RUG 12 ' 91 . 9: 35 2394131 PRGE . 002 AUG 12 '91 09:40 WESTErN MACHINE - P.1/7 To:ggn_ ii_fgllilla igin oFFZcg__ - FROM:NAYOR NINE E. WOODRUFF DATE:AUGUST 12L 1991 7 PAGE(S) TO FOLLOW ADDITIONAL CONNENTSI___ ___y8ggyT ATTEIyTION: SCOTT RANI d LEE MORRISON PUG 12 ' 91 9 : 34 2894131 PAGE . 2101 910990 )4,P1tpe?,y1w I k.... I ' y,ttt -ft f M* Fw :fr. .4. _ .. " : w t � M rY� ry 1 3 ''''''''''''.4‘4,,i . . rte` e6. '">r rr-'. 9_ xr �of Y 1�..91 AIRPORT FOR SAI,... E I. TRI-( 'Ol : NTY" .AIRPOR�I 15 ,' Ill F,S Nt,)R'I'l l ( it DENVER 1n FAA reliever for the ni€,tr(lpOIttan art.'il sncltides: * N,.„ $L4 million ._;_, 0(r k no ttrrH rrmiaa s lust com,rt,•perl '* hcw laxin'a;s Ind li',zhtur, ,nsirms i '+ Ramp area with tre-dutvn,, r # 1-47 arees with 411(1 Ili('f,iin:; anc1 ,hop, f f-) I'rojerled grmvth w1(1 prrsiti\ i• ; ash floe I !rh'nl irrv'shnrnt tnr ri %liL:lrt sctem), lrurlmr rrrrrmtactrrr urn, tie, dill/ I a ,} ,} ,) *- 'r -1 .a t?H(7rlJ p,`t'Tlrr 1/, CI`U,ti s7!'r rltl I'll II Cr1IJ 1'f's tl"It t-(Url tlt f and instrrrrur'nt npproarh mash's lrinx rrr iris'' I 1-1 rr'lir'i,crr states gruili/ir: lirr nr()rr I111' frnuls /in. "s, / 1 1 /()"„ unlrn'r nrnlr l: '-} 'F '} ,} ,)- '>- '->- '* [)CNVCN �Q� $7.8 ;pillion U. S. cprrencv _ V�''•'��/"l� C,nlun n�I� , � I� .i r, . n, li,,,,,„' lncli, Ac,'nl • cxn (303) 778-714S, FAX (3(13) 837-(128f, 224 ___.— f -, page 17 I gust for fun: The RV4 Design Philosophy umnmred from page 16 an Grunsven's objective yeas "Most people who fly don't know their to create a two-place plane airplanes very well,- said Miesler. "You with rood short field perfor , �" „ .; „, . need to explore the capabilities of an air- mantic with landing speed about 50 mph � ,vtip� �/( ° e 'x" , ✓ plane" Indeed Mresler prosed that he knew In addition, the aircraft must be ahle to ' e�4; ig 4:,t F1✓/bpia a a his aircraft, its limits and performance. operate from moderately rough sod au "4,4, The RV-4 is an intermediate acrobatic, fields, have good visibility, a high cruise two-seat tandem, low-wing monoplane of speed, structural integrity and per - aluminum monocoque(stressed skin) con- mance and responsive control for aerobut- struction. The prototype was built and ics. Besides, a must be capable of carry- equipped in keeping with its design phi- Mg two IRO-pound persons who arc six - losophy. feet tsvo inches tall. This is one of the finest sport planes It had to have safe flight qualities and - available. It has all the enjoyable flight be capable of being built with relative case characteristics associated with high per- and economy by an average homebuilder formance single-seal airplanes: center-line Van wanted the RV-4 to he an RV-3 w seating under a bubble canopy, light, for the pilot so the tandem seating, front responsive controls, 2,000 fpm climb rate solo arrangement was chosen. While side- I and a broad range of acrobatic capabili- by-side seating is accepted as being more ties. It offers short-field, slow flight caps practical, tandem seating offers less '.,{ `, ,yyMFr _ , bility and econornical cruise performance frontal area, sleeker fuselage lines and the eefe it t with speeds up to 187 mph. intangible "sporty' aura akin to World ' ✓ 'iies = Richard VanGrunsven War II lighters and trainers. ' rch ud VanGrunsven, the On the negative side, it means inferior designer, learned to fly about visibility for the rear scat occupant, more R_ difficult -_ �5 yetis ago. He has 4A00 fuselage design and construction ` +�ita...—_ - hours of flying time (2,000 m homehuilts) and more sensitive C.G. considerations. dent with ,space and provides conduitable and is a flight instructor and multi-engine Since two-place ,sport planes are flown seating lix 6 foot 2 inch people in either ATP. solo much of the time, the pilot was given scat. Maxinunn cabin width is 28 inches Through high school and college he primary consideration and the passenger and headroom is as much as 3R" flew a Cuh and T Craft from the 670 loot secondary. uel is carried red in two integral airstrip on his father's farm After finish- For most tandem seal airplanes in this wing leading edge tanks, which ing college with an engineering degree, he class, the rear scat is the designated solo consist of scaled portions of the joined the Air Force for three-years, stirs- position because the hunt scat is very near wing. The capacity of each tank is 16 Bal- ing as a communications officer because a the center of lift of the wing and the C.G. Ions. The fuel is routed through a selector color limitation problem precluded his is affected very little whether or not this valsc in the cockpit to the fuel pump. An acceptance in the pilot training program. seat is occupied. Front scat solo has the electric boost pump is also needed in the But he flew and built aircraft in the set- opposite effect of causing lame C.G. shills system. vice. with varying loads. However, it also pro- Standard equipment is full controls in Soon after returning to civilian life vides far better visibility and access to the liont cockpit and elevator and aileron employed as a mechanical engineer, he controls and instruments. only in the ream. This ism keeping with designed, built and installed a set of can- Wittman-type landing gears were clip- the philosophy of simplification and tilever aluminum wings to replace the sen for their rough field qualities, light intended use Control linkages to the strut-braced wood and fabric original weight and low drag when properly faired. ailerons and flaps are push-null rods for Playboy aircraft he built while in the ser- Their attachment at the firewall of the positive control and friction-free opera- vice fuselage also affected cockpit design. Lion. Rudder control is via cables. Renamed the RV-1, it flew like a new The result of juggling interrelated lac- The standard canopy is a single piece. airplane. The wings had flaps to provide tors resulted in a somewhat compact cock- bubble which opens to the side. phis is a short landing performance. After flying it pit in that the spacing between scats is simpli l icution of the prototype canopy 550 hours, he reluctantly sold it and began only 24 inches. This means that the rear which has a front portion opening to the design and construction of the RV-3, an scat passenger's legs must straddle the side and a rear portion sliding aft. all-aluminum variation of the RV-I pilot's lower torso, as in the classic .1-3 Engine Options Playboy. Cub. The RV-4 was designed to he powered RV-4's cockpit is compact. It is Oh- ('umimrrd an prier 19 Page 18 Wings West Magazine Summer 1991 Hello