HomeMy WebLinkAbout961836.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR POUDRE RIVER TRAIL
SYSTEMS, WITH AMENDMENTS THROUGH JULY 1996, WITH CITY OF GREELEY,
COLORADO, AND TOWN OF WINDSOR, COLORADO, AND AUTHORIZE CHAIR 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
Poudre River Trail Systems, with amendments through July 1996, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
City of Greeley, Colorado, and the Town of Windsor, Colorado, 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 Poudre River Trail Systems,
with amendments through July 1996, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the City of Greeley,
Colorado, and the Town of Windsor, Colorado, 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 9th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
/ Wat
WELD COUNTY, COLORADO
�f' Fxc:i isFn
Barbar J. Kirkmey er Chair
t^61 vs �� y Clerk to the Board C
•
E. Baxter, P o-T
- puty Clerk . the Board
Dale K. Hall
APPROVED AS TO FORM: jth Lc,
s
Constance L. Harbert
eV J County Attorne ��1
W. H. Webs er U
961836
LAC b-reeky; Windsor £&Cz BC0025
INTERGOVERNMENTAL AGREEMENT FOR POUDRE RIVER TRAIL SYSTEMS
(With Amendments Through July, 1996)
THIS INTERGOVERNMENTAL AGREEMENT is by and between the City of
Greeley,
Colorado, by and through the City Council, hereinafter referred to as "City"; the Town
of Windsor, Colorado, by and through its Town Coucnil, hereinafter referred to as
"Town"; and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of the County of Weld, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, by Intergovernmental Agreement dated February 9, 1994, the
parties hereto agreed to cooperate in order to develop a trail corridor along the Poudre
River for educational, cultural, and recreational use, and
WHEREAS, said Intergovernmental Agreement addressed a variety of different
topics relative to the development of Poudre River trail systems, including trail route
and corridor designation; trail acquisition; uniform signage, maintenance, and other
improvements of each trail or designated route; and the creation of a non-profit
corporation created pursuant to the Colorado Non-Profit Corporation Act and meeting
the requirements of Rule 501(c)(3) of the Internal Revenue Code. Such corporation
shall have a Board of Directors hereinafter referred to as "Corridor Board", and
WHEREAS, Corridor Board has been meeting and has discussed various topics
covered in said Intergovernmental Agreement, and
WHEREAS, Corridor Board now advises the parties hereto that a more in-depth
intergovernmental agreement is necessary for the Poudre River trail systems.
NOW THEREFORE, in consideration of the mutual promises and covenants
contains herein, City, Town, and County agree as follows:
1 . TERM:
This Intergovernmental Agreement shall be effective on its adoption and
signing by the designated representatives of City, Town, and County and
shall continue thereafter for a period of one year, to be renewed
automatically for successive one-year periods, unless the same is sooner
terminated by any party hereto, pursuant to the termination provisions
set forth in paragraph 10, below.
Page 1 of 5 Pages
961836
2. CREATION OF POUDRE RIVER TRAIL CORRIDOR:
Upon the advice of Corridor Board, the parties hereto collectively
designate a trail corridor along the Poudre River in Weld County,
Colorado, to be hereinafter referred to as the "Poudre River Trail." The
parties find that it is in the best interests of the health, safety, and
welfare of their citizens and the general public to develop said Poudre
River Trail for educational, cultural, and recreational use and that the
alternative transportation systems facilitated by said Poudre River Trail
will promote improved air quality, health, and environmental awareness
and fitness.
3. TRAIL ROUTE AND CORRIDOR ACQUISITION:
City, Town, and County agree that they shall acquire, individually and in
cooperation with each other, upon the advice of and with the assistance
of Corridor Board, the appropriate fee interests, rights-of-way,
easements, accesses, or donations for the designated routes of Poudre
River Trial lying within their respective political boundaries, using only
such funds or resources from the parties to this Agreement or from
donations or gifts as are made available and as are designated for such
purpose. Funds shall be accepted and disbursed by the Corridor Board.
The corporation shall accept donations, gifts, devises, or other transfers
of the funds to be used to pay for the Poudre River Trail or any expenses
associated therewith (to be hereinafter known collectively as "Poudre
River Trail Funds"). Each party to this Agreement shall be responsible
for any necessary legal expenses incurred in the course of Poudre River
Trail acquisition. No party hereto shall be required, by virtue of its
entering into this Agreement, to fund any portion of the Poudre River
Trail from general fund monies or from monies from any source other
than the Poudre River Trail Funds mentioned above. City, Town, and
County hereby authorize and expressly delegate to Corridor Board the
responsibility of controlling the disbursement of all monies in the Poudre
River Trail Funds, which monies shall be disbursed only upon a majority
vote of the Corridor Board (County held fund) or pursuant to the
instruction of the Corridor Board (community foundation serving Northern
Colorado fund).
4. IMPROVEMENTS TO ACQUIRED PORTIONS OF POUDRE RIVER TRAIL:
City, Town, and County shall each be responsible for construction of an
improvements to the portions of the Poudre River Trail lying within their
respective jurisdictions. All such improvements to acquired portions of
the Trail shall be upon separate agreement of the parties.
Page 2 of 5 Pages
961836
5. MAINTENANCE AND SIGNAGE:
City, Town, and County shall each be responsible for the maintenance
and signage of the portions of the Poudre River Trail lying within their
respective jurisdictions. Signage shall be uniform and shall be designated
by separate agreement.
6. LAW ENFORCEMENT:
The law enforcement agencies of City, Town, and County shall be
responsible for law enforcement on those portions of the Poudre River
Trail which lie within their respective jurisdictions. To the extent
possible, the law enforcement agencies from each jurisdiction shall
coordinate such law enforcement activities.
7. POUDRE RIVER TRAIL CORRIDOR BOARD:
The Poudre River Trail Corridor Board as established by this
Intergovernmental Agreement shall continue in its present form to advise
City, Town, and County on routes, land acquisition, expenditures, and
other associated requirements of the Poudre River Trail and as outlined
within this Intergovernmental Agreement. Appointments to the Corridor
Board shall be made as follows:
A. City, Town, and County shall each appoint three members.
B. Appointments shall be for three years, except the initial
appointments where City, Town, and County shall appoint one
one-year term member, one two-year term member and one three-
year term member.
C. The Corridor Board shall adopt such internal rules as it deems
necessary and shall set priorities and budgets to be recommended
to City, Town,a nd County in matters of routes, land acquisition,
improvements, maintenance, and any other matters it deems
appropriate regarding the Poudre River Trail and as set forth within
this Intergovernmental Agreement.
D. The members of their respective terms as already established
pursuant to the Intergovernmental agreement between the parties
hereto dated February 9, 1994 shall continue as already
designated.
Page 3 of 5 Pages
961836
8. ENTIRE AGREEMENT:
This Intergovernmental Agreement contains the complete and entire
agreement between the parties and supersedes any prior oral or written
agreements concerning the Poudre River Trail, including, but not limited
to, the parties' Intergovernmental Agreement dated February 9, 1994;
but excepting those separate agreements referred to herein to be
completed and executed at later dates.
9. MODIFICATIONS:
This Intergovernmental Agreement may not be modified, discharged, or
changed in any respect whatsoever, except by further agreement in
writing duly executed by the parties hereto.
10. TERMINATION:
This Intergovernmental Agreement may be terminated by any party
hereto within 90 days written notice to the other parties. In the event
of such termination, those portions of the Poudre River Trail, including
improvements and signs on such portions, located within the city, town,
or county shall remain under the ownership and control of such
jurisdiction, and all monies being maintained in the Poudre River Trail
Funds shall be split evenly among the parties hereto, unless such monies
are otherwise specifically designated upon devise or donation for use for
the Poudre River Trail as it lies within one or more of the three
jurisdictions.
DATED this day of , 1996.
ATTEST: CITY OF G LEY, COLORADO
By: •
City Clerk U" Lavern C. Nelson, Mayor
APPROVED AS TO LEGAL FORM• 40., APPROVED AS TO SUBSTANCE:
SIP
By: By:
City Attorney City Manager
AS TO AVA BILITY OF FUNDS:
V
By:
Director of Finance
Page 4 of 5 Pages
961836
DATED this i7 day of OCTd F/( , 1996.
ATTEST: / CITY OF GREELEY, COLORADO
City CI k ljj�44"` avern C. Nelson, Mayor
APPROVED AS TO LEGAL FORM: APPROVED AS TO SUBSTANCE:
BY: ! , J I BY: 4t fi u i
City Attorney City Manager
AS TO AVAILABILITY OF FUNDS:
BY:
Director of Fi 'a ice
ATTEST: TOWN OF WINDSOR, COLORADO
BY: , BY: !� /.1716,_
Town Clerk Wayne Mil l"er , Mayor
APPROVE TO EGAL FORM: APPROVED AS TO SUBSTANCE:
/!
BY f • �G BY: Idip-ig
Tbwn Att rney Town Manager
AS TO AVAILABILITY OF FUNDS:
BY:
Director of Finance
Page 5 of 6 Pages
961836
EL ST
L' ' ST: /O(4( SI COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
'w' ► 0 THE BOARD OF THE COUNTY OF WELD
__ ► "Deputy C! k to the Board £eorge 'E. Baxter, Chair Pro-Tern10/09/96
S:\SHARED\CA\AGREEMENTS\POUDR ETRL.IA
A:\POUDRETR.AMD
Page 6 of 6 Pages
961836
CITY OF GREELEY, COLORADO
RESOLUTION NO. 29 , 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO
ENDORSING FORMATION OF NON-PROFIT CORPORATION FOR THE POUDRE RIVER
FRAIL CORRIDOR,INC.AND AMENDING THE INTERGOVERNMENTAL AGREEMENT
DATED FEBRUARY 15, 1994 TO REFLECT SAID CHANGE.
WHEREAS, the City Council of the City of Greeley, Colorado, initially entered into an
Intergovernmental Agreement on February 15, 1994, done by Resolution No. 8, 1994, with the
County of Weld and the Town of Windsor for the development of the Poudre River Trail
Corridor and which has subsequently been amended by Resolution 81, 1994 and Resolution 88,
1995; and
WHEREAS, the Intergovernmental Agreement between those governments created an
Advisory Board with appointments to the Board being made by each of the governmental
entities; and
WHEREAS, the Advisory Board has made numerous accomplishments, including but not
limited to, creating a Master Plan, which has been accepted and approved by each of its
sponsoring governmental entities, developing and implementing strategies for fund-raising and
land acquisition, and opening over two miles of trail; and
WHEREAS, the Advisory Board, in order to more efficiently accomplish the goals of
the Master Plan of the Poudre River Trail Corridor, needs to amend the terms of the
Intergovernmental Agreement to allow the formation of a Colorado non-profit corporation
organized to meet the requirements of § 501(c)(3) of the Internal Revenue Code (a copy of the
Articles of Incorporation are attached hereto); and
WHEREAS, said Advisory Board will become a corporation with the City of Greeley,
County of Weld, and Town of Windsor each retaining the power to appoint three initial directors
and provide subsequent candidates for replacement appointment to the Board to represent their
respective government entities; and
WHEREAS, the development of the non-profit corporation will enhance the ability of this
group to meet the goals set out by the Poudre River Trail Corridor Board.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GREELEY,
COLORADO RESOLVES AS FOLLOWS:
1. The City Council hereby resolves to support the formation of a non-profit corporation
to be known as the Poudre River Trail Corridor, Inc., and fully endorses the objectives of the
s:\shared\ca\resoluti\poudre.cor
961836
Poudre River Trail Corridor, Inc., and to that end will cooperate in any reasonable fashion,
including but not limited to, continuing to contribute City staff and City resources to aid the
Poudre River Trail Corridor, Inc., in meeting the goals set out by its Board members.
2. The City Council hereby resolves to amend the Intergovernmental Agreement initially
entered into on February 15, 1994, done by Resolution No. 8, 1994 with the County of Weld
and Town of Windsor for the development of the Poudre River Trail Corridor.
3. This Resolution shall become effective immediately following its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 6th day of
August , 1996.
ATTEST: THE CITY OF GREELEY, COLORADO
%/a .,, A .3/JM i
City Clrk Mayor
s:\shared\ca\resoluti\poudre.cor
961836
a
TO: Board of County Commissioners
FROM: Eric Lord, Assistant Weld County Attorney
iliac DATE: October 8, 1996
RE: Amendments to the Intergovernmental Agreement for
COLORADO Poudre River Trail Systems
The City of Greeley, Town of Windsor, and County of Weld entered into an Intergovernmental
Agreement in 1994 for development of the Poudre River Trail Corridor. In the Agreement, these
entities agreed to cooperate in assisting in the development of the Poudre River trail system for
educational, cultural, and recreational purposes. Issues pertaining to acquisition of land,
monetary donations, trail design, signs, and maintenance are addressed in the Agreement. The
Agreement also created an Advisory Board which developed a master plan for the acquisition of
land and funds to be used for the Poudre River Trail.
On August 6, 1996, the City of Greeley passed a resolution which amended the
Intergovernmental Agreement. The main thrust of the amendments is to allow the formation of a
Colorado nonprofit corporation which would be organized under the Colorado Nonprofit
Corporation Act and in compliance with Section 501(c)(3) of the Internal Revenue Code. A
corporation organized in compliance with Section 501(c)(3) is exempt from taxation. (I have
available for the Commissioners' review the relevant portions of this Section.) The Resolution
which endorses the amendments asserts that the creation of a nonprofit corporation will enhance
the ability of the Advisory Board to meet the goals of the Poudre River Trail Corridor Board.
The amendments are summarized as follows:
1. A nonprofit corporation will be set up pursuant to the Colorado Nonprofit
Corporation Act, and will meet the requirements of Section 501(c)(3) of the
Internal Revenue Code. The corporation will have a board of directors referred to
as the "Corridor Board." Prior to the amendment,the Agreement merely called
for the creation of an advisory board; there was no nonprofit corporation to be
formed, and tax exempt status was not sought.
2. The Corridor Board is authorized to accept funds from the parties to the
agreement and to accept funds received in the form of gifts, donations, devises, or
other transfers. The Corridor Board will also have the responsibility and authority
to control the disbursement of all such funds. Disbursal of the funds may be done,
in the case of the County Held Fund, upon a majority vote of the Corridor Board,
or, in the case of a Community Foundation Serving Northern Colorado Fund,
pursuant to the instruction of the Corridor Board. Prior to the amendments, funds
961836
Board of County Commissioners
October 8, 1996
Amendments to Intergovernmental Agreement
were to be set up through the County and through the Community Foundation
Serving Northern Colorado, and these funds were to accept donations, gifts and
other transfers for the Poudre River Trail. Also, the County was to be responsible
for administering the County fund, and each party to the Agreement had
discretion to spend monies on the Trail which were received by that entity from
grants or any other source.
In summary, discretion for disbursal of funds now lies with the Corridor Board; the
parties to the Agreement no longer have such discretion.
3. The City, Town, and County shall each appoint three members to the Corridor
Board. The appointments shall run for three years, except the initial
appointments. In the initial appointments, the City, Town, and County shall each
appoint one member for one year, one member for two years, and one member for
three years.
I have spoken with Tom Grant of the City Attorney's Office, and he indicated that the
application for approval under Section 501(c)(3) is in process and is expected within
approximately 60 days. Also, at this point it is envisioned that, while each party shall be
responsible for maintenance of those portions of trail in each party's jurisdiction, the Corridor
Board expects to help defray the costs of maintenance. However, it appears the details remain to
be worked out.
I recommend that the Board of County Commissioners approve the amendments and authorize
the Chair to sign the necessary documents.
(�i C Zarb-
Eric Lord
Assistant Weld County Attorney
pc: Bruce Barker
Monica Daniels-Mika
564 nnn
_:L?
MEMORANDUM
,itS a 4'
I • TO: TOWN OF WINDSOR October 17, 1996
WIIDcFROM: WELD COUNTY CLERK TO THE BOARD/LIN
COLORADO
SUBJECT: IGA FOR POUDRE RIVER TRAIL SYSTEMS
Enclosed please find 3 original agreements. Please return a fully executed original to both Weld
County Clerk to the Board and The City of Greeley. Thanks - if you have any questions, please
call 356-4000, ext. 4225.
96113.?
INTERGOVERNMENTAL AGREEMENT FOR POUDRE RIVER TRAIL SYSTEMS
(With Amendments Through July, 1996)
This Intergovernmental Agreement is by and between the City of Greeley,
Colorado, by and through the City Council, hereinafter referred to as "City"; the Town
of Windsor, Colorado, by and through its Town Coucnil, hereinafter referred to as
"Town"; and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of the County of Weld, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, by Intergovernmental Agreement dated February 9, 1994, the
parties hereto agreed to cooperate in order to develop a trail corridor along the Poudre
River for educational, cultural, and recreational use, and
WHEREAS, said Intergovernmental Agreement addressed a variety of different
topics relative to the development of Poudre River trail systems, including trail route
and corridor designation; trail acquisition; uniform signage, maintenance, and other
improvements of each trail or designated route; and the creation of an advisory board
(the "Poudre River Trail Corridor Board", hereinafter referred to os "Corridor Board")
rvxad:�S'Ri".S:S..`v;:ex>R;Ya:::::3:X2d;'x):i:.:'..;SS5.:F`::9.:;yYa:...k�"�' xbS'.C' w:#":G.�'. %R'�6�.....':e:�X.k. '..;M..R:... ..
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and max .,_
WHEREAS, Corridor Board has been meeting and has discussed various topics
covered in said Intergovernmental Agreement, and
WHEREAS, Corridor Board now advises the parties hereto that a more in-depth
intergovernmental agreement is necessary for the Poudre River trail systems.
NOW THEREFORE, in consideration of the mutual promises and covenants
contains herein, City, Town, and County agree as follows:
1 . TERM:
This Intergovernmental Agreement shall be effective on its adoption and
signing by the designated representatives of City, Town, and County and
shall continue thereafter for a period of one year, to be renewed
automatically for successive one-year periods, unless the same is sooner
terminated by any party hereto, pursuant to the termination provisions
set forth in paragraph 10, below.
Page 1 of 6 Pages
961836
2. CREATION OF POUDRE RIVER TRAIL CORRIDOR:
Upon the advice of Corridor Board, the parties hereto collectively
designate a trail corridor along the Poudre River in Weld County,
Colorado, to be hereinafter referred to as the "Poudre River Trail." The
parties find that it is in the best interests of the health, safety, and
welfare of their citizens and the general public to develop said Poudre
River Trail for educational, cultural, and recreational use and that the
alternative transportation systems facilitated by said Poudre River Trail
will promote improved air quality, health, and environmental awareness
and fitness.
3. TRAIL ROUTE AND CORRIDOR ACQUISITION:
City, Town, and County agree that they shall acquire, individually and in
cooperation with each other, upon the advice of and with the assistance
of Corridor Board, the appropriate fee interests, rights-of-way,
easements, accesses, or donations for the designated routes of Poudre
River Trial lying within their respective political boundaries, using only
such funds or resources from the parties to this Agreement or from
donations or gifts as are made available and as are designated for such
purpose. Funds shall be set -up through County and through the
Community Foundation Serving Northern Colorado specifically for the
mr.,r.n za a�^a �mx«' a-a r ,na .u^' n
purpose of det;epted 4ltfatiilf ed by The' ;gtkr�'tdor.'Boa` „^ it
t;Qrtibftflva ti accepting donations, gifts, devises, or other transfers
of the funds to be used to pay for the Poudre River Trail or any expenses
associated therewith Ito be hereinafter known collectively as "Poudre
River Trail Funds"). Each party to this Agreement shall be responsible
for any necessary legal expenses incurred in the course of Poudre River
Trail acquisition. No party hereto shall be required, by virtue of its
entering into this Agreement, to fund any portion of the Poudre River
Trail from general fund monies or from monies from any source other
than the Poudre River Trail Funds mentioned above. `OSti WN.ANl
COUNTY HER `B' : ORAFI ND TEXP R SSL Y DELEGA 5
n �»w3 .hu �i4¢afcary�, ¢ g%. rx xb, »,yy `��r raY a, 8w � .S
CORRIDORn :44,404$07t RESPONSIBILITY "i�?F COfilitaLIN aO `'HE
P.. s2s a:* a.. w.y exam ...Ys aa�n .:
wogs, lITO, LMQMO Funds in the Poudre River Trail Funds
keA..�r.:^.,c>sk. � ;js.:::r.�x«a.:o:oi�6: ,x....,.;,.,.v, ,
ricH pro shall be disbursed only upon the : majority vote of the
Corridor Bard (C nmytiELD 'fWa4OR 7`RSSUAN NMO. 1,
INSTRUCTION#`FTHECQRRIDOR 7; ARD,(Cekikt/Jif/TY°FQ NDATIQlf
SERVINGNORTHERN OLORADO, UND) County shall be responsible
for all necessary administrative duties associated with the Poudre River
Trail Fund kept by the County. Notwithstanding any language in this
paragraph to the contrary, each party hereto shall have the option, under
its sole discretion, to spend monies upon the Poudre River Trail received
by its from grants or from any other source:
Page 2 of 6 Pages
961836
4. IMPROVEMENTS TO ACQUIRED PORTIONS OF POUDRE RIVER TRAIL:
City, Town, and County shall each be responsible for construction of an
improvements to the portions of the Poudre River Trail lying within their
respective jurisdictions. All such improvements to acquired portions of
the Trail shall be upon separate agreement of the parties.
5. MAINTENANCE AND SIGNAGE:
City, Town, and County shall each be responsible for the maintenance
and signage of the portions of the Poudre River Trail lying within their
respective jurisdictions. Signage shall be uniform and shall be designated
by separate agreement.
6. LAW ENFORCEMENT:
The law enforcement agencies of City, Town, and County shall be
responsible for law enforcement on those portions of the Poudre River
Trail which lie within their respective jurisdictions. To the extent
possible, the law enforcement agencies from each jurisdiction shall
coordinate such law enforcement activities.
7. POUDRE RIVER TRAIL CORRIDOR BOARD:
The Poudre River Trail Corridor Board as established by the
Intergovernmental Agreement between the parties hereto dated February
0, 1991 t€}8r 0W:W J r t shall continue in its present
form to advise City, Town, and County on routes, land acquisition,
expenditures,and other associated requirements of the Poudre River Trail
and as outlined within this Intergovernmental Agreement. Appointments
.ii,
to the Corridor Board shall continue k�°fYl;�d,8 as follows:
A. City, Town, and County shall each appoint two ORO members.
These appointees shall elect a seventh member to the Corridor
Board.
B. Appointments shall be for twe Wee years, except the initial
appointments where City, Town, and County shall appoint one
one-year term member end one two-year term member anti one
hree-year term the Corridor Board appointed member
chall be for a term of two years.
Page 3 of 6 Pages
961836
C. The Corridor Board shall adopt such internal rules as it deems
necessary and shall set priorities and budgets to be recommended
to City, Town,a nd County in matters of routes, land acquisition,
improvements, maintenance, and any other matters it deems
appropriate regarding the Poudre River Trail and as set forth within
this Intergovernmental Agreement.
D. The members of their respective terms as already established
pursuant to the Intergovernmental agreement between the parties
hereto dated February 9, 1994 shall continue as already
designated.
8. ENTIRE AGREEMENT:
This Intergovernmental Agreement contains the complete and entire
agreement between the parties and supersedes any prior oral or written
agreements concerning the Poudre River Trail, including, but not limited
to, the parties' Intergovernmental Agreement dated February 9, 1994;
but excepting those separate agreements referred to herein to be
completed and executed at later dates.
9. MODIFICATIONS:
This Intergovernmental Agreement may not be modified, discharged, or
changed in any respect whatsoever, except by further agreement in
writing duly executed by the parties hereto.
10. TERMINATION:
This Intergovernmental Agreement may be terminated by any party
hereto within 90 days written notice to the other parties. In the event
of such termination, those portions of the Poudre River Trail, including
improvements and signs on such portions, located within the city, town,
or county shall remain under the ownership and control of such
jurisdiction, and all monies being maintained in the Poudre River Trail
Funds shall be split evenly among the parties hereto, unless such monies
are otherwise specifically designated upon devise or donation for use for
the Poudre River Trail as it lies within one or more of the three
jurisdictions.
Page 4 of 6 Pages
961836
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