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Home My WebLink About910979.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST OF RESOLUTION TRUST CORPORATION FOR EXTENSION OF TIME TO TAKE TAX DEED - SKIES UNLIMITED; AND INTERGOVERNMENTAL AGREEMENT WITH 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, on August. 12, 1991, the Board did consider a request from the Resolution Trust Coporation for an Extension of Time to take the Tax Deed concerning Skies Unlimited and the Erie Airpark, and WHEREAS, on August 12, 1991, the Board also considered an Intergovernmental Agreement with the Town of Erie concerning the Erie Airpark Tax Deed, and WHEREAS, the County Attorney's staff recommended this matter be continued to August 14, 1991, at 9:00 a.m. , to allow further review of the proposed Intergovernmental Agreement with the Town of Erie, and WHEREAS, after consideration, the Board deemed it advisable to continue said matter to August 14. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request from the Resolution Trust Coporation for an Extension of Time to take the Tax Deed concerning Skies Unlimited and the Erie Airpark, and the proposed Intergovernmental Agreement with the Town of Erie concerning the Erie Airpark Tax Deed be, and hereby are continued to August 14, 1991, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of August, A.D. , 1991. )1 a / i / / / BOARD OF COUNTY COMMISSIONERS /�,ATTEST: L.,/,.1../ Ak'(/�euegin WELD COUNTY, LORADO Weld County Clerk to the Board Gord n ac , C irman _ By: / - e' 4 ,ce --- _ .f / J' ice. r� ., Deputy Clerk to the Board, te ge Kenne y, Pro Tem APPROVED AS TO FORM: ,..7/2.).&://‘ .- //i Constance L. Harbert _ ' ' i (��-G/(l( � EXCUSED DATE OF SIGNING ±,4 County Attorney C. W. Kirby i Gi 1 W. "f3. Webster 910979 i THORBURN, SAKOL& THRONE anon MEN'S AND COUNSELLORS AT LAW b5 CANYON 9OVlEVARO AT[LWD CREEK 5UIT4 too BOULDER.COLORADO 80302.4920 TeLCgpNC(5w)a Ana MRR4 M.5..0,04_ TCLty'X(5D5)Y1.�q DUUO\A5 0.Mao@URN OP eOUM5CLe DAv,NC THRONC JAN{A HARD CN DATE: August 9, 1991 Lee D. Morrison 352-0242 TO : FROM: Doug Thorhurn PAGES ( inc_ cover ): RE : Tri County Intergovernmental Agreement MESSAGE: IF YOU NEED CONFIRMATION OR ANY OF THE PAGES RESENT , PLEASE CALL OUR OFFICE AT 303/449-1873 IF YOU DO NOT CALL WITHIN FIFTEEN ( 15 ) MINUTES , WE WILL ASSUME YOU HAVE RECEIVED THE PAGES SATISFACTORILY . e a :-I 1L � _✓2 /r PUG 9 ' 91 12 : 21 � PAGE . 201 ).A/o DRAFT For Discussion Purposes Usti 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 __ day of August, 1991 , between The County of Weld, State of Colorado, "County" and The Town of Erie, County of Weld , State of Colorado , "Town 1 . 00. Ba..c.lzgro u.nd. County, may acquire , on or about August 16 , 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 part, that the acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; maintenance , equipment , and operation of airports and other air navigation facilities ; and the exercise of any other powers granted in this part 1 to any county . . . .or town are hereby declared to be public governmental functions, exercised for a public purpose, and matters of public necessity ; and such lands and other property, easements , and privileges acquired and used in the manner and for the purposes enumerated in this part I are hereby declared to be acquired and used for public purposes and as a matter of public necessity. " C. R. S . 41-4-201 provides, in part, that: . . .boards of trustees in towns have the power to acquire, establish, construct , own, control , lease, equip, improve , maintain, operate and regulate airports and landing fields. . . " C . R. S. 29-1-203 provides, 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. 39-11-143(4 ) (b ) provides, in part , that county commissioners may decline to offer for public sale , lots or parcels for present public projects as defined in C . R. S. 30-20- 301 . 1 GUG 9 ' 91 12: 22 PRGE . 002 y' LDRAFT C.R.S. 30-201-301 provides, in part,Dpt,;t4:: °, "`'A16il C)Fi'Y project" means any lands , buildings, structures, works. . .or facilities suitable for and intended for 'use as public property for public purposes . . . " 1 . 10 . AGREEMENT,T9_ElIR.CHASE. In the event County acquires the foregoing real estate on or before August 19 , 1991 , Town agrees to buy, and County agrees to sell the foregoing real estate, and it is specifically declared and agreed to by Town that the property will be acquired for the purposes and pursuant to the powers set forth in C.R.S. 41-4-101 et. seq. 1 . 20 . INTENT ANP R.11J+ZGATI.0N _TO._MA.IL9..T.AIN....PUBLI.C PURPOSE. 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.R.S. 41-4-101 . 2 .00. INCLUSIONS. The real estate shall be purchased in an as is" condition, as of August 16, 1991 , with all easements and rights of way appurtenant thereto , and all improvements contained thereon. 3 .00. TERMS . The purchase price shall be $305 , 543 . 21 , payable an cash or certified funds, at closing . If any partial redemption should occur on any part 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. In the event such a redemption occurs, Town may 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 , 1991 . It is understood and agreed 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 have expired or said procedural methods and/or said Treasurer' s Deed are declared improper or invalid such as to deny title in Town, will be escrowed by County. nuG 9 ' 91 12 : 22 PRGE . 003 .21-/t) DRAF . For Discussion Purposes Oit In the event Town obtains a Judgment quieting title 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 exhausted, or the Town should choose not, to appeal , said escrowed funds will be returned to Town. Nothing herein shall constitute a waiver of the 'town ' s rights to a return of funds pursuant to C. R. S. 39-11- 101 et seq. 4 . 00 . 1.11G,E..._I.N.SG'RAN.G.E• A current commitment for title insurance, at Town' s sole expense , shall be obtained by the Town on or before August 15 , 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. Failure to deliver notice in writing , or via FAX to County, at the address or PAX number indicated below shall constitute a waiver of this paragraph 4 . 00 by Town. In the event Town delivers notice of dissatisfaction in a timely fashion, as set forth above, at Town' s option this Agreement may be declared null and void, provided said notice is delivered simultaneously with the notice of dissatisfaction. 5 . 00. T. I LE. Title will be transferred to Town by County , subject to the terms and conditions hereunder and the payment or tender as above provided and compliance with the other terms and conditions hereunder, by a good and sufficient IIARGATN AND SALE DEED, without any covenants , to said Town, free and clear of all taxes , and subject to building and zoning regulations, and any covenants , conditions , easements , reservations and restrictions of record or in place. 6 . 00. CLOSING. The, date and place of closing shall be August 16 , 1991 at The Weld County Treasurer' s Office , Greeley , Colorado at 2 : 00 A.M. or such other date , time and place as the parties may mutually agree upon. 7 .00 . ,E'.QSSE..1.c.N. Possession shall be given at closing . 8.00 . ACT.S_OE_.GOD. In the event the premises are substantially damaged by fire , flood or other casualty between the date of 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 . FUG 9 ' 91 12 : 23 PAGE . 004 s";.g , .•y; ,. i For Disc:union PuipuetiC3w1Y 9. 00. TIME.._I_S__QF_...I:H.E_ESSEHCE. Time is of the essence hereof, and if any payment or 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 proper. In 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 , the non-defaulting party elects to treat this Agreement as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance and damages. 10. 00 . FINANCING. This Agreement is conditioned upon the Town obtaining a commitment for financing, to its satisfaction, by 2 : 00 P.M. , 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 2:00 P. M. , August 16 , 1991 , the Town may, at its option, waive this condition and proceed with closing . 11 .00. ACCEPTANCE. If this proposal for an Intergovernmental 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 discretion o£ the party objecting to the assignment . 12 . 00 AGBEEMEN,T_._PE.E.MEP,._AS_LEASE. In the event title vested in the Town is voided then it is understood and agreed that this Intergovernmental Agreement shall constitute a 99 year lease, under the terms and conditions and for the purposes set forth herein. Town Town ' s Address FAX NO. a RUG 9 ' 91 12 : 25 PF1GE . 001 5 /LIP P sa ; I�, dRAF p �, County accepts the above propol this ow ay ofY August, 1991 . County County' s address FAX NO. erwldkar ATTEST: WELD COUNTY CLERK TO THE BOARD BY: DEPUTY CLERK TO THE BOARD G AUG 9 ' 91 12 : 26 ' Hello