HomeMy WebLinkAbout940458.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PERMISSIVE USE OF PROPERTY WITH
CITY OF GREELEY 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
for Permissive Use of Property between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Public Works Department, 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 Permissive Use of
Property between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Public Works
Department, and the City of Greeley 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 18th day of May, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: litthilMtah
WELD COUNTY,`COLORADO
�I ,_l, 1 �J A r -,
Weld County Clerk to the Board I� 1/- t
W^H. Webster, C airman
BY: .' u f:.7)2LICii.v �� Q
Deputy erk to the Board Dale K. Hall, Pr -T m
APPROV S TO FORM: % / y� ' i
/'George Baxter
ounty Attorney -stance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
940458
'v: LD COUNTY
CITY OF GREELEY, COLORADO r, , .
RESOLUTION NO. 52 , 1994 fq^FI M'S 23 #i ffl 59
(;I RK
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO Ago s54 AL
AGREEMENT FOR PERMISSIVE USE OF PROPERTY WITH THE CO -13F WELD;
AS WELD COUNTY CURRENTLY USES PROPERTY OF THE CITY OF GREELEY AS A
ROAD THROUGH PERMISSIVE EASEMENT WITH THE CITY OF GREELEY.
WHEREAS, the City of Greeley has determined a need for
additional storage facility on property owned by Weld County; and
WHEREAS, the City and the County have agreed to allow each
other the permissive uses of the other upon their property as
contained in the intergovernmental agreement attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, entering into the intergovernmental agreement is in
the best interests of the health, welfare and safety of the
citizens of the City of Greeley;
NOW, THEREFORE, BE IT RESOLVED:
1. City Council hereby authorizes the Mayor to enter into
the intergovernmental agreement attached hereto for permissive use
of the property with the County of Weld.
2. Council hereby authorizes the Mayor or his designee to
enter into any subsequent amendments or modifications to the
intergovernmental agreement attached as Exhibit A.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 16th DAY OF
August , 1994 .
Attest: CITY OF GREELEY, COLORADO
• /J/,/ A /l iy
City Cl rk Mayor
INTERGOVERNMENTAL AGREEMENT FOR PERMISSIVE USE OF PROPERTY
THIS AGREEMENT is made by and between the Weld County,
Colorado, by and through its Board of County Commissioners,
(County) , and the City of Greeley, Colorado, by and through its
Council, (City) , for the purpose of exchanging permissive uses of
certain property owned by the City and the County.
WHEREAS, the City owns property on which the Greeley Saddle
Club, a non-profit organization is located, and the County owns
property immediately adjacent to the City property; and
WHEREAS, the City is in need of additional storage area for
its equipment; and
WHEREAS, the County utilizes a road upon the City' s property
where the Saddle Club is located; and
WHEREAS, the City contemplated constructing storage
improvements on the area where the County now utilizes the City
property as a road; and
WHEREAS, the County recognizes that the City owns the property
on which it now utilizes as a road, as a permissive use granted by
the City of Greeley to the County, and the County recognizes the
City may revoke said permissive easement at any time; and
WHEREAS, the County agrees to provide County property for
storage of equipment of the City in exchange for continuation of
the permissive easement for road purposes.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND TERMS, HEREINAFTER EXPRESSED, THE PARTIES AGREE AS FOLLOWS:
1. The City agrees to allow the existing roadway, and allow
its present use by the County under permissive easement to forego
construction of storage facilities for the City wholly or partially
on the area used by the County for roadway purposes .
2 . The County agrees to allow the City to construct, operate,
and maintain a storage facility enclosed by fence, wholly or
partially upon land owned by the County. Said construction,
operation and maintenance of the storage facility shall be solely
the responsibility of the City.
3 . This Agreement shall continue until the occurrence of
either revocation of the permissive easement for road purposes
granted the County, or revocation of permissive use of the storage
site granted the City.
4 . This Agreement is interpreted according to the laws of the
State of Colorado and venue shall be Weld County, Colorado.
1
5. Notice of Breach of any of the provisions contained herein
shall be given in writing to the other party within thirty (30)
days of discovery of said breach, after which time the party shall
have thirty (30) days in which to cure any and all defaults.
6 . All amendments to this Agreement shall be in writing.
DATED this R day of .;! ) + :�L /. ' 1994 , at
Greeley, Weld. County, Colorado.
ATTEST: THE CITY OF GREELEY, COLORADO
By:
City Clerk Mayor
Approved as to -Lel31 Form: Approved as to Substance:
C � 11
7/1le'4d
City t y/iey City Manager
Availability of Funds: COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COMMISSIONERS OF WELD
COUNTY
Director of (Finance
///�/�/[/(/��� 9 W.H. Webs'.er, Chairman (6/221/,h1NIILJI' // v ��j'_'_�l
Approved as to Legal Form:
1,VEL D C :: ii i OARD
BY: .,r= ,,z_7 // „
DEPUTY CLERK TO THE BOARD_`._ rs
W d County Attor ey
2
�t4
MEMORAnDU
WineTo Bruce Barker. County Attorney Data J 1994
COLORADO From George Cicoff. Director of Public Works iQ %l'
subject: Intergovernmental Agreement - City of Greeley
Attached is the latest version of the intergovernmental agreement for the
exchange of uses of property adjacent to the saddle club. If the form as
amended by the Greeley City Attorney is acceptable to you, please forward it
on to the board for their consideration.
peg\memo\mbruce3
cc: Commissioner Kirkmeyer
File
940459
0110h6:' MEMORAnDUM
To Bruce Barker. County Attorney Dace 1994
COLORADO From George Cicoff. Director of Public Works
r
Subject; Intergovernmental Agreement - City of Greeley
Attached is the latest version of the intergovernmental agreement for the
exchange of uses of property adjacent to the saddle club. If the form as
amended by the Greeley City Attorney is acceptable to you, please forward it
on to the board for their consideration.
peg\memo\mbruce3
cc: Commissioner Kirkmeyer
File
940459
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