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Home My WebLink About950781.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING PURCHASE OF LANDS FOR RIGHT-OF-WAY FOR FEDERAL HAZARD ELIMINATION SAFETY PROJECT ON EAST COUNTY LINE ROAD/WELD COUNTY ROAD 1 AT STATE HIGHWAY 66 WITH COUNTY OF BOULDER 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 concerning Purchase of Lands for Right -of -Way for Federal Hazard Elimination Safety Project on East County Line Road/Weld County Road 1 at State Highway 66, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the County of Boulder, 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 concerning Purchase of Lands for Right - of -Way for Federal Hazard Elimination Safety Project on East County Line Road/Weld County Road 1 at State Highway 66 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 12th day of April, A.D., 1995. ATTEST: Weld County Clerk to the Board BY. C / mil,{ 00b), Deputy Clerk the Board APPROVED AS TO FORM: ounty Attorn BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORA O lc Dale K. Hall, Chairman �lnu Barb aJaJ. Kirkmeyer ro-Tr) p /Georgel. Baxter FXCI JSFr) Constance L. Harbert FXCIJSFf) f)ATF OF SIC;NINf (AYF). W. H. Webster Cc: Al; GoziLdcr�erz -4 ; CA 950781 EG0034 INTERGOVERNMENTAL AGREEMENT CONCERNING PURCHASE OF LANDS FOR RIGHT-OF-WAY FOR THE FEDERAL HAZARD ELIMINATION SAFETY PROJECT ON EAST COUNTY LINE ROAD/WELD COUNTY ROAD 1, AT STATE HIGHWAY 66 THIS Intergovernmental Agreement is made and entered into this 14's' day of M jay , 1995, by and between the County of Boulder, Colorado, by and through the Board of County Commissioners of Boulder County, whose office is located in the Boulder County Courthouse, Boulder, Colorado 80302, hereinafter referred to as "Boulder County," and the County of Weld, Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Weld County," and referred to jointly as "the parties", concerning the design, right-of-way acquisition, and construction, is necessary for the completion of the hazard elimination project, State Department of Transportation Project No. SHE0661-002, hereinafter referred to as "the project." WITNESSETH: WHEREAS, the parties are authorized to enter into this agreement pursuant to provisions of Section 29-1-201, et seq., C.R.S., and Section 2-3 of the Weld County Home Rule Charter, and WHEREAS, Boulder County has applied for and has been granted federal funding in the amount of $100,000.00 to complete the project as per plans and specifications prepared by the State of Colorado Department of Transportation, hereinafter referred to as "CDOT," and the parties are required to purchase right-of-way in order to complete the project, and WHEREAS, Boulder County has entered into a contract with the State of Colorado concerning the design, construction, and funding of the project, which contract is attached hereto and is referred to herein as Exhibit "A", and is hereinafter referred to as the "state contract," and WHEREAS, the parties now desire to enter into this Agreement in order to define their respective rights and responsibilities relative to the acquisition of right-of-way for the project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. RIGHT-OF-WAY ACOUISITION: A. Boulder County agrees to prepare plans for, execute, and administer the purchase of right-of-way for the project as approved in the state contract. B. Weld County hereby grants authority to Boulder County, its agents and Page 1 of 4 950181 employees to acquire on behalf of Weld County the necessary right-of- way located within the jurisdictional boundaries of Weld County in order to complete the project. Weld County agrees, however, that if any eminent domain actions are necessary in order to acquire said right-of- way, Weld County staff will perform the necessary duties to commence and complete any such eminent domain actions. C. Each party shall pay for the road right-of-way purchased in its respective county jurisdiction; provided, however, that in no event shall Weld County be required to pay more than $7,500.00 for the road right-of-way so purchased. It is estimated that total costs of all right-of-way acquisition will be $15,000.00 or less. D. Boulder County shall select an appropriate consultant and/or employee to negotiate the purchase of all road right-of-way. Said consultant and/or employee shall not be considered to be an employee of Weld County and therefore shall not be entitled to salary and/or benefits from Weld County. E. Boulder County shall be responsible to prepare any and all necessary plans, budgets or any other documents required by the State of Colorado for the project. 2. TERM: The term of this Agreement shall be from the date of signing to and until the date of completion of the project. 3. MODIFICATION AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, whether alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. Any party shall have the right to restrain by injection any substantial breach or threatened breach of this Agreement by the other party. Page 2 of 4 950781 4 NO THIRD PARTY ENFORCEMENT/NO WAIVER OF IMMUNITY: This Agreement is solely for the benefit of the parties hereto, and no third party shall be entitled to claim or enforce any rights hereunder except as expressly provided herein. No portion of this Agreement shall be deemed to constitute a waiver of any immunities of 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 that did not previously exist with respect to any person not a party to this Agreement. 5. SEVERABILITY: If any provision of this Agreement or application thereof to any party or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this Agreement are declared to be severable. 6. FUNDING: No portion of this Agreement shall be deemed to create an obligation on the part of the parties to expend funds not otherwise appropriated during the term of this Agreement. Page 3 of 4 950781 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ‘1.7v - day of NAY , 1995. ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS COUNTY OF BOULDER, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY BY: h. 9iarpodoctew Homer Page, Chairman Deputy Clerk to the Board ATTEST: D CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY: ffDeputy Clerk to the Boar_ agreeAcdot.db COUNTY OF WELD, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY Dale K. Hall, Chairman Page 4 of 4 4//n cgs_. 950781 RESOLUTION NO. 95 - 6 8 CONCERNING AN AGREEMENT BETWEEN BOULDER COUNTY AND WELD COUNTY FOR PROJECT SHE 0661-002, HAZARD ELIMINATION IMPROVEMENTS ON EAST COUNTY LINE ROAD AT STATE HIGHWAY 66 WHEREAS, federal hazard elimination funds in the amount of $90,300.30 have been made available for approach improvements for the hazard elimination project identified as SHE 0661-002, SH 66 / East County Line Road; and WHEREAS, Boulder County is authorized to enter into contracts for the elimination of hazards at certain highway locations pursuant to Sections 24-92-101, et seq., 29-1-203, 43-1-110, 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. as amended; and WHEREAS, Boulder County approves of said agreement with Weld County prepared for the purchase and cost sharing of rights -of -way for the construction of these improvements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Boulder County, Colorado, that the Intergovernmental Agreement concerning Purchase of Lands for Right -of -Way for project SHE 0661-002, Hazard Elimination Improvements on East County Line Road at State Highway 66 is approved. BE IT FURTHER RESOLVED by the Board that the Chair be authorized to sign said agreement. ADOPTED this L ' day of MAY , 1995. BOARD OF ACOUNTY COMMISSIONERS: l#7 rte'O910Y Homer Page, Chair ATTEST: Quaid K. Stewart, Vice Chair Clerk to the Board Jana L. Mendez 950781 COLORADO azio mEmORAnDUm To Board of County Commissioners From Intergovernmental Agreement for Improvements to Weld County Road 1 Subject: at State Highway 66 Date Bruce T. Barker, Weld County Attorney April 11. 1995 On April 12, 1995, the Board of County Commissioners will be asked to review and approve a contract between Boulder County and Weld County for the improvement of Weld County Road 1 (Boulder County's "East County Line Road") at State Highway 66. Boulder County has applied for and has received federal funding in the amount of $100,000.00 to complete the project. The cost of purchasing any road right-of-way is to be paid for by the county in which the road right-of-way sits. As you know, Weld County Road 1 is one-half located in Boulder County and one-half located in Weld County. The counties have agreed that Weld County will pay no more than $7,500.00 for the right-of-way. The total cost of the right-of-way purchases are estimated to be less than $15,000.00. Boulder County's consultant and/or employee will perform the work of negotiating the right-of-way purchases. County engineer Drew Scheltinga and I recommend the Board's approval of the Intergovernmental Agreement. B :ce T. Barker Weld County Attorney BTB/db:memo\impwcrl pc: Drew Scheltinga 950781 l/ & Post Office Box 471 • Boulder, Cobrado 80306 Boulder County Transportation Department 2045 13th Street • Boulder, Colorado 80302 • Boulder, Colorado 80302 • (303) 441-3900 • FAX (303) 441-4594 May 18, 1995 Drew Sheltinga, P.E., County Engineer Weld County Public Works Department 33 N. 11th Ave. P.O. Box 758 Greeley, CO 80631-0758 INTERGOVERNMENTAL AGREEMENT FOR SH 66 / WELD COUNTY RD. 1/EAST COUNTY LINE ROAD Dear Drew: For your files, I have enclosed an original executed intergovernmental agreement, and accompanying resolution, that defines the responsibilities for this project relative to the right- of-way acquisition. Unfortunately, it was found too late that the IGA did not include language that formally determined the sharing of the local match as previously agreed to via letter last August. I am currently working with your County Attorney, Bruce Barker, to amend this agreement to include sharing the local match for the cost of design and construction. Should you have any questions, please feel free to call me at (303)441-3900. Midhael A. Thomas, P.E. Traffic Engineer (. Enclosures c: Bruce Barker, Weld County Attorney Kristin Kozlowski, Assistant Boulder County Attorney Larry Matel, Transportation Director John Hamilton, Land Officer Jana L. Mendez County Commissioner Ronald K. Stewart Homer Page County Commissioner County Commissioner 950781 Hello