HomeMy WebLinkAbout921218.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH TOWN OF ERIE FOR TRI-COUNTY
AIRPORT AND AUTHORIZE CHAIRMAN TO SIGN
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
between the Town of Erie and the County of Weld, State of Colorado, by and
through the Board of County Commissioners, concerning the Tri-County Airport,
with the 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 between the Town of Erie
and the County of Weld concerning the Tri-County Airport be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 30th day of December, A.D. , 1992.
fl BOARD OF COUNTY COMMISSIONERS
ATTEST: 7 / WELD COUNTY, COLORADO
Weld County Clerk/ to theBoarfi
George Chairman
BY:
Deputy Clerk to the Boar4 Constance , Pro-Tem
d
APPROVED AS T FORM: f;�� i - t C. W. Kirb � �.County Attorney G n ac ,
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W. H. Webster
921218
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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 November, 1992, between the County of Weld, State of Colorado by
and through the Board of County Commissions of the County of Weld,
State of Colorado, "County" and the Town of Erie, County of Weld,
State of Colorado, "Town" :
1. 00 Background. County may acquire 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 1
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.
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 Agreement to Purchase. In the event County acquires the
foregoing real estate on or before June 30, 1993, 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 and Obligation to Maintain Public 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 purpose 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 closing, with all easements and rights of
way appurtenant thereto, and all improvements contained thereon.
3 . 00 Terms. The purchase price shall be Three Hundred Thirty
Eight Thousand Dollars ($338, 000 .00 ) , payable in 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, 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 the closing date. Should a complete
redemption occur on the entire property, or should the property be
sold through bankruptcy, this Agreement shall be null and void.
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 judgement 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. The Town shall make a good faith effort to quiet title
to the property so that any escrowed funds do not remain in escrow
and longer than necessary.
In the event Town obtains a Judgement 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.
4 . 00 Title Insurance. A current commitment for title
insurance, at Town's sole expense, shall be obtained by the Town on
or before December 30, 1992, 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 January 30, 1993 , 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.
5 . 00 Title. 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 BARGAIN AND SALE
DEED to said Town, free and clear of all taxes, and subject to
building and zoning regulation, and any covenants, conditions,
easements, reservations and restrictions of record or in place.
6. 00 Closing. The date and place of closing shall be on June
30, 1993 or earlier upon mutual agreement, at the Weld County
Treasurer's Office, Greeley, Colorado at 11: 00 A.M. or such other
date, time and place as the parties may mutually agree upon. If at
all possible, closing shall occur simultaneously with the issuance
of the Treasurers Deed.
7 .00 Possession. Possession shall be given at closing,
unless Purchaser shall be in possession at closing, and in such
event the property will be sold "as is" as of the date of
possession.
8 .00 Acts of 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.
9 . 00 Time is of the Essence. 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 of 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
( ( . . r
for specific performance and damages.
10.00 Financing. This Agreement is conditioned upon the Town
obtaining a commitment for financing, to its Satisfaction from the
Federal Aviation Authority, and funds being available at closing in
the amount of the purchase price.
11. 00 Acceptance. If this proposal for an Intergovernmental
Agreement is accepted by the County in writing on or before
December 8, 1992 , 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 of the party objecting to the assignment.
12 .00 Agreement Deemed 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 for all of the purposed set forth herein.
13 . 00 Additional Conditions Precedent.
a. It is understood and agreed that this Contract is
subject to republication by the County of legal notices, which,
after appropriate notice, publication and the expiration of any
time periods, will be subject to the approval of the Town's
Attorney.
b. It is further agreed that until such time as a quiet
title has been commenced and resolved in the Town's favor and the
relevant appeals times have expired, including the six months
available time period under the Colorado Rules of Civil Procedure,
said funds will be escrowed. In the event any party should
successfully defeat the Town's Title and/or establish enforceable
redemption rights, the funds will be returned to the Town upon said
defeat or redemption.
c. It is further understood and agreed that the property is
currently subject to the jurisdiction of the U.S. Bankruptcy Court
For the District of Colorado, Case No. 91-21075-SBB, Chapter 11,
and this Agreement is subject to any and all confirmed plans,
orders of the Court, and contracts for purchase that are or may
subsequently exist, and in the event any contract for purchase
shall be approved by the Court, and said contract shall be closed
upon, then this contract shall become null and void. No provision
of this Agreement shall obligate either party to act contrary to
the Automatic Stay which exists in said bankruptcy case nor shall
this Agreement be construed to obligate either party to support or
propose any plan of reorganization, conversion, or discharge of
said bankruptcy case.
TOWN OF ERIE APPROVED AS TO FORM:
BY:
MAYOR MICHAEL WOODRUFF TOWN ATTORNEY
ATTEST:
JANICE SAYER, TOWN CLERK
BY: BY:
TRUSTEE CINDY KEITH TRUSTEE CHARLES FOBARE
BY: BY:
TRUSTEE DEBBIE LANGERAK TRUSTEE VIC SMITH
BY: BY:
TRUSTEE ORALIA SULLIVAN TRUSTEE LYNN MORGAN
Notice to Town at: Scott Hahn
Town Administrator
645 Holbrook
P.O. Box 100
Erie, CO 80516
FAX: (303) 665-3557
County accepts the above proposal this day of
1992 .
ATTEST:
COUNTY COMMISSIONER
COUNTY COMMISSIONER WELD COUNTY CLERK TO THE
BOARD
APPROVED AS TO FORM:
COUNTY COMMISSIONER
COUNTY COMMISSIONER COUNTY ATTORNEY
COUNTY COMMISSIONER
Notice to County: c/o Lee Morrison
Assistant County Attorney
P.O. Box 758
Greeley, CO 80063
FAX: ( 303) 352-0242
draft:November 4 , 1992
C:\wpwk\erie\govern.agr
t
Board of Weld
County Commissioners Date December 14 , 1992
Lee D. Morrison, Assistant Weld County Attorney
DIADR AD® From -- -
Weld County Board of Commissioners and Erie
Subject:
Airpark Proposed—Agreement
Do you want this item, which was previously considered a year ago,
put on the agenda or do you want to do a Work Session prior to
putting it on the agenda. The matter is still in bankruptcy but if
The Trustee cannot sell, your Board will ultimately acquire title .
Lee D. Morrison
Assistant Weld County Attorney
LDM/db
Agenda Work Session
George
Connie
Bill K.
Bill W.
Gordon
Don
92121d
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THORBURN, SAKOL & THRONE DEC O S 1992
AN ASSOCIATION OF PROFESSIONAL CORPORATIONS ).J"�}/ LATTORNEYS AND COUNSELLORS AT LAW ci )
255 CANYON BOULEVARD AT CLOUD CREEK y�Y EI_[� C�.`U
SUITE 100 ATTORNEY'S C"r FlC ___
BOULDER,COLORADO 80302-4920
TELEPHONE(303)449-1873
TELEFAX(303)44]9840
BARRE M.SAKOI_P C- OF COUNSEL
DOUGLAS C.THORBURN.P.C.
PETER I.ENICHEN November 25, 1992 DAPHNE THRONE
Office of County Attorney
P.O. Box 1948
Greeley, CO 80632
ATTN: Lee Morrison
Dear Mr. Morrison:
RE: Intergovernmental Agreement
Please find enclosed a copy of the Intergovernmental Agreement
between the Town of Erie and Weld County. Per your letter of
October 12 , 1992 , all requested revisions have been made. Please
review it and let Doug know immmediately if it is not satisfactory.
An original of this document has been forwarded to the Town,
and they are in the process of having it signed, however,
n
Board members are out of town for the holiday season, and therefore
the date of December 15, 1992 as set forth in the Agreement may not
be met. I will inform you of the status, as soon as I know.
I apologize for the delay in forwarding you a revised copy.
If you have any questions or comments, please feel free to contact
either Doug or myself. However, please note that Mr. Thorburn is
out of the office until early December.
Sincerely,
Sabin Lahey
Secretary to Douglas C. Thorburn
SRL
Enclosure
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