HomeMy WebLinkAbout991453.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF WELD
COUNTY ROAD 13 NORTH FROM STATE HIGHWAY 60 TO JOHNSTOWN
CEMETERY AND AUTHORIZE CHAIR TO SIGN -TOWN OF JOHNSTOWN
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
the Improvement of Weld County Road 13 north from State Highway 60 to the Johnstown
Cemetery between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and the Town of
Johnstown, 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 the Improvement of Weld
County Road 13 north from State Highway 60 to the Johnstown Cemetery between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Public Works Department, and the Town of Johnstown be. and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 14th day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, C LORADO
ATTEST: itrf*
/Li/
Dal- I Hall, Chair
Weld County Clerk to t • >+ L I r V :arbara J. Kirkmey- , Prr -Tem
BY:
Deputy Clerk to the =!� N'
George . Baxter
PROV TO FORM:
. J. e e
m ,ri4,y Attorney u, /41 A
Glenn VaadC-)
991453
(7 L - EG0038
tier:
MEMORANDUMn i o PI 1: 21
TO: Clerk to the Board DATE: June 9, 19 9
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item 0
Please submit the following item for the Board's next agenda for the Chair's signature.
Intergovernmental Agreement for the Improvement of WCR 13 from State Highway 60
to Johnstown Cemetery.
Enclosed are two original signed Agreements from the Town of Johnstown. Please return a recorded and executed
copy of the Agreement to my attention.
Enclosures
pc: Marc Street, Maintenance-Support Supervisor
WCR 13 file
Intergovernmental Agreement file
991453
Town of
Johnstown RECEIVED
BOARD MEETS FIRST MONDAY IN MONTH
P.O. BOX 609 JUN 0 91999
JOHNSTOWN,CO 80534 WELD COUNTY
PUBLIC WORKS DEPT
June 7, 1999
Frank B. Hempen, Jr.
Director of Public Works/County Engineer
933 North 11th Avenue
PO Box 758
Greeley, CO B0632
Dear Mr. Hempen,
Please find enclosed the signed originals of the IGA for the improvement of WCR
13, between Town of Johnstown and Weld County. Please have the proper
officials sign from Weld County and return one signed original to the Town of
Johnstown.
Thank you for your assistance and cooperation.
incerely,
kJ--
Diana Seele, CMG
Town Clerk/Treasurer
DS/
Enclosed
11
'S.
Cad i4I53
INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT.
OF WCR 13 NORTH FROM STATE HIGHWAY 60 TO JOHNSTOWN CEMETERY
THIS AGREEMENT is made and entered into this lyt- day of .dune
1999, by and between the Town of Johnstown, Colorado, by and through its Town Board of
Trustees, hereinafter referred to as "Town," whose offices are located at 101 Charlotte Street,
Johnstown, Colorado 80534, and the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, Colorado, hereinafter referred to as "County," with
offices located at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, Weld County Road ("WCR") 13, from State Highway 60 north to the
Johnstown Cemetery, is in need of patching and asphalt overlay,hereinafter referred to collectively
as "Road Improvements," and
WHEREAS, all of said portion of WCR 13 lies within the jurisdiction of Town, and
WHEREAS, Town does not have the equipment or personnel to perform Road
Improvements, and
WHEREAS,Town and County now desire to enter into an agreement whereby County shall
perform Road Improvements and bill Town for payment of the costs thereof, in an amount not to
exceed $20,000, to be paid no later than April 1, 2000.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date first written above to and
until the date of completion of said Road Improvements and the date of payment of
all costs incurred by County, in an amount not to exceed$20,000,to be paid no later
than April 1, 2000.
2. TOWN AGREES:
a. To be responsible for coordinating all utility work to be performed utility
companies within the right-of-way of said portion of WCR 13. Said utility
work shall be completed prior to the commencement of Road Improvements
by County.
b. To be responsible for all utility extensions, which include sanitary sewers,
Page 1 of 3 Pages
storm sewers, and water main extensions within the right-of-way of said
portion of WCR 13. Said extensions shall be completed prior to the
commencement of Road Improvements by County.
c. To pay to County' the entire costs of Road Improvements upon billing by
County, in an amount not to exceed $20,000, to be paid no later than April
1, 2000.
3. COUNTY AGREES:
a. To perform Road Improvements at the earliest time available in accordance
with the paving schedule and priorities for paving set by County.
b. To bill Town for the entire costs of performing Road Improvements.
4. SEVERABILITY: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of execution
within the original intent of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood
and agreed that the enforcement of the terms and conditions of this Agreement, and
all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing contained in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of t:he undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
6. NO WARRANTY: County,by and through this Intergovernmental Agreement and
upon its promise to perform the work described herein, makes no warranty, either
express or implied, that the asphalt overlay and patching work to be performed
pursuant to this Intergovernmental Agreement will meet any standards or
requirements other than those typically followed by County upon for the same work
County roadways.
7. ENTIRE AGREEMENT: The parties hereby agree that neither has made or
authorized any Agreement with respect to the subject matter of this instrument other
than expressly set forth herein, and no oral representation, promise, or consideration
different from the terms herein contained shall be binding on either party, or its
agents or employees,hereto. This Agreement embodies all Agreements between the
parties hereto and there are no promises, terms, conditions, or obligations referring
Page 2 of 3 Pages
to the subject matter whereof other than as contained herein.
8. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess,nor shall any portion of this Agreement be deemed to have created a duty of
care which did not previously exist with respect to any person not a party to this
Agreement.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this lye day of
June, , 1999.
TOWN OF JOHNSTOWN,COLORADO, by
ATTEST: and through the Town Board of Trustees of
Johnstown, Colorado
\ -'-_j&a ll t.C.1.-&-_—• By: IL- (x CO
Diana Seele, Town Clerk kyle Cox, Mayo/
APPROVED AS TO FORM:
By: -'reiGf
R. Russell Anson
Johnstown Town Attorney
LLV
COUNTY OF WELD, STATE OF
ATTEST: / '•Al!` La COLORADO, by and through the Board of
-� County Commissioners of Weld County,Weld
County Clerk to the Board 1861 �/- $1 Colorado
By: , <_F,_ -- IMI. By:s
Deputy Clerk to the Board - _ Dale K. Hall, Chairman
APPROVED AS TO FORM:
�,. -2_c
Binice T. Barker
Weld County Attorney
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