HomeMy WebLinkAbout970788.tiffORM:
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH CITY OF GREELEY,
COLORADO, FOR CONSTRUCTION, MAINTENANCE, AND USE OF PARKING LOT
FACILITY 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
Construction, Maintenance, and Use of a Parking Lot Facility located West of 11th Avenue,
East of Island Grove Park and North of the Walton Building, 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, for a period of thirty years from the hours of 7:30 a.m. through 5:30 p.m.,
Monday through Friday, with further 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 Construction, Maintenance,
and Use of a Parking Lot Facility located West of 11th Avenue, East of Island Grove Park and
North of the Walton Building, 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, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Intergovernmental Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, A.D., 1997.
eutir
ty Clerk to the Board
MIZEto
eputy Cler o the Board
unty At orney
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY,CO ORADO
Georg E. Baxter, Chair
EXCUSED
stance L. Harbe , Pr em
Dale K. Hall
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
W. H. Webster
(AYE)
970788
Gc . 6rlelcy Fl u BC0026
INTERGOVERNMENTAL AGREEMENT
BETWEEN WELD COUNTY, COLORADO AND
THE CITY OF GREELEY, COLORADO
FOR CONSTRUCTION, MAINTENANCE AND USE
OF A PARKING LOT FACILITY LOCATED
WEST OF 11TH AVENUE, EAST OF ISLAND GROVE PARK AND
NORTH OF THE WALTON BUILDING
THIS INTERGOVERNMENTAL AGREEMENT is made this ,day of
, 1997, by and between the CITY OF GREELEY, COLORADO
(hereinafter' referred to as the "City") and the BOARD OF COUNTY COMMISSIONS OF THE
COUNTY OF WELD, COLORADO (hereinafter referred to as "County") for the construction,
maintenance and use of a proposed parking lot facility located within the City of Greeley, Colorado.
WHEREAS, the City and Weld County recognize the need to address a shortage of parking
facilities near the Walton Building at Island Grove Regional Park; and
WHEREAS, the County agrees to construct and maintain a parking lot on City property for
a term of thirty (30) years, in exchange for the right of the County to lease the parking lot from 7:30
a.m. through 5:30 p.m. Monday through Friday; and
WHEREAS, the parties agree the City shall have use of the parking area at all other times and
times specifically agreed to between the parties; and
WHEREAS, the County agrees to indemnify the City of Greeley from any and all liability
regarding claims, of any nature or kind, resulting from the use of the property by the County and third
parties during the period of 7:30 a.m. through 5:30 p.m. Monday through Friday; and
WHEREAS, the City and County now desire to enter into an agreement for the construction,
maintenance and use of a parking lot to be constructed upon City property.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. Construction and Maintenance of Parking Lot Facility. The County shall
construct and maintain a parking lot facility on property legally described in paragraph 3 of this
agreement. The County shall construct and maintain the parking lot in accordance with City of
Greeley standards for the lease term granted in paragraph 2 of this agreement.
2. Lease of Premises. The City hereby leases to the County the property described in
paragraph 3 for parking facilities for a period of thirty (30) years from the hours of 7:30 a.m. through
5:30 p.m., Monday through Friday, in exchange for the County constructing and maintaining the
property to the satisfaction of the City. The parties agree that the City may, in its sole discretion,
970788
terminate the lease in the event the County does not adequately construct or adequately maintain the
facility constructed.
3. Property. The property subject to the construction and maintenance of the parking
lot facility and leasehold is legally described as follows:
That part of Block 180 of Greeley Subdivision; commonly described as lying West of
11th Avenue, South of"D" Street, East of Field Five Island Grove, and North of the
Walton Building.
4. Indemnification and Hold Harmless. To the extent authorized by law, the County
agrees to indemnify, save, defend and hold harmless the City from any and all liability incurred as a
result of acts, omissions, or failures to act by County or by any third party for any and all liability and
claims as a result of the failure of the County, its agents, employees or assigns to construct or
properly maintain the premises. Additionally, the County agrees to indemnify and hold harmless the
City from any and all claims and actions of any nature or kind resulting from claims of damages or
injuries of any nature or kind, occuring during the period from 7:30 a.m. through 5:30 p.m., Monday
through Friday, during the term of this lease.
5. 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.
6. 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 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 the undersigned parties that any entity other
than the undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
7. 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, or other alteration of or to this Agreement shall be deemed valid or of any force
or effect whatsoever, unless mutually agreed upon in writing by the undersigned 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 express or
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970788
implied, shall not constitute a consent to, waiver of, or excuse for any other different subsequent
breach.
IN WITNESS WHEREOF the parties have signed this Agreement the date heretofore stated.
CITY OF GREELEY, COLORADO
ATTEST:
City Cler,
APPROVED AS TO SUBSTANCE:
City Manager
APPROVED AS TO LEGAL FORM:
AVAILABILITY OF FUNDS:
Director of Finan
3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
-244
94/;3/97
Lzilida.O4
etary to the oard
APPR• AS TO LEGAL FORM:
County Attorney
970788
CITY OF GREELEY, COLORADO
RESOLUTION NO. 19 , 1997
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY, COLORADO FOR
CONSTRUCTION AND MAINTENANCE OF A PARKING LOT FACILITY WEST OF 11TH
AVENUE, EAST OF ISLAND GROVE AND NORTH OF THE WALTON BUILDING.
WHEREAS, the City of Greeley and Weld County recognize the need to address the
shortage of parking facilities near the Walton Building and Island Grove Regional Park; and
WHEREAS, Weld County will agree to pave and maintain the parking lot on the described
property for a term of thirty (30) years in return for a right to use the parking lot from 7:30 a.m.
through 5:30 p.m. Monday through Friday; and
WHEREAS, the City of Greeley will have use of the parking area at all other times; and
WHEREAS, Weld County will indemnify the City of Greeley from any liability or claims
resulting from the use of the property by Weld County during the above time frames; and
WHEREAS, the parties are desirous to enter into an agreement for the above purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GREF.I.FY,
COLORADO, AS FOLLOWS:
1. The City Council hereby authorizes the Mayor to enter into an Intergovernmental
Agreement with Weld County, Colorado for the construction, use and maintenance of a parking
facility, attached hereto as Exhibit A.
2. Staff is authorized to amend the intergovernmental agreement to further the intent
of the parties without returning the amended agreement to City Council for approval of the
amendment.
3. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 15th day of
April , 1997.
ATTEST:
Mayor
THE CITY OF GREELEY, COLORADO
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