HomeMy WebLinkAbout990079.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PAYMENT SCHEDULE AND AUTHORIZE CHAIR TO
SIGN -TOWN OF LOCHBUIE
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 Agreement for Payment Schedule
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
Lochbuie, 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 Agreement for Payment Schedule 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 Lochbuie 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 13th day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CATTEST: 3) , hair '
Weld County Clerk • th
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C� `<ty"r /Efarbara J. Kirkmeyer, Pr Tem UJ
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C A 2DCfOLCf t 990079
EG0038
AGREEMENT FOR PAYMENT SCHEDULE -- TOWN OF LOCHBUIE
THIS AGREEMENT is made and entered into this 5th day of January , 1999,
by and between the County of Weld, a political subdivision of the State of Colorado,by and through
the Board of County Commissioners of the County of Weld, whose address is 915 10th Street,
Greeley, Colorado 80631,hereinafter referred to as"County,"and the Town of Lochbuie,a statutory
town of the State of Colorado, by and through its Board of Trustees, whose address is 703 Weld
County Road 37, Lochbuie, Colorado 80601, hereinafter referred to as "Lochbuie."
WINES SETH:
WHEREAS, the parties hereto, along with the County of Adams and the City of Brighton,
entered into an Intergovernmental Agreement for the Improvement of Baseline Road, a.k.a., WCR
2, a.k.a., 168th Avenue, a copy of which is attached hereto as "Exhibit A," pursuant to the
authorization contained in C.R.S. § 29-1-203 and the Colorado Constitution Article XIV, § 18(2)(a)
and (c), and
WHEREAS, pursuant to the terms of Paragraph 3.a. of said Intergovernmental Agreement,
Lochbuie is required to pay for asphalt purchased from County at the rate of$15.80 per ton within
30 days of receiving notification of the quantity of asphalt used in the project, and
WHEREAS, County has notified Lochbuie that the number of tons of asphalt used in the
project was 706.93 tons, which brings the payment for Lochbuie to $11,169.46, and
WHEREAS, although Lochbuie acknowledges that it is required to pay County this sum,
Lochbuie has asked County to establish a payment schedule, allowing payment over the course of
three(3) years.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to the following:
1. PAYMENT SCHEDULE: Lochbuie acknowledges that it is required pursuant to
Exhibit A to pay to County the sum of $11,169.46, and agrees to do so in the
following amounts according to the following schedule:
Payment Payment Date
$3,000.00 July 1, 1999
$4,000.00 July 1, 2000
$4,169.46 July 1, 2001
2. REMEDY FOR NON-PAYMENT: Thee parties agree that if Lochbuie fails to make
any of the payments listed above on the date shown, County shall have all customary
Page 1 of 3 Pages
c)90079
legal remedies to collect the entire remaining balance which shall become due and
payable immediately upon such non-payment,and the remaining balance shall accrue
interest thereafter at the rate of 12%per annum until fully paid.
3. 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
to the subject matter whereof other than as contained herein.
4. 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 .
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 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.
6. NOT A DEBT OF LOCHBUIE UNDER ARTICLE X. SECTION 20. COLORADO
CONSTITUTION: The parties acknowledge that it is their intent and understanding
that the sum promised for payment by Lochbuie pursuant to this Agreement is not a
debt as that term is used in Article x, Section 20, Colorado Constitution ("TABOR").
However, if such sum is determined by a court of competent jurisdiction to be a debt
under TABOR,the entire remaining balance of such sum shall then become due and
payable, accruing interest thereafter at the rate of 12%per annum until fully paid.
Page 2 of 3 Pages
WOO 77
SIGNED and entered into the date and year set forth above.
COUNTY OF WELD, by and through the
ATTEST: f�� BOARD OF COUNTY COMMISSIONERS
CLERK TO E B A ' \ OF WELD COUNTY, COLORADO
lr e
BY: � BYE I
Deputy Clerk to the n 1 Dale K. Hall , Chair
( } I'�� (01/13/99)
ATTEST: TOWN OF LOCHBUIE, by and through the
LOCHBUIE BOARD OF TRUSTEES
BY:gilicd f29 � ����eeee����JJJJ BY:
Renee Holliday, Town Cle7 Glenneda Evans, Mayor
Clerk's Note:
Shirley Bauer, Accounting Clerk, will handle the invoices.
Page 3 of 3 Pages
99007e/
#990079
EXHIBIT "A"
IS CTB RESOLUTION #981823
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OFFICE OF COUtIrLATLORNEY-
PHONE (970) 356-4000 EXT.4391
it°
FAX ENT STRE42
H. 915 TENTH STREET
P.O. BOX 1948
WIlD
GREELEY, CO 80632
CDecember 15, 1998
COLORADO
John B. Manee
Town Manager ' JAN 0 8 1999
Town of Lochbuie, Colorado � t
703 WCR 37 D COUNT':
Lochbuie, CO 80601 ) ,RNE),
RE: Agreement for Payment Schedule - Town of
Lochbuie
Dear Mr. Manee:
Mr. Don Warden, Director of Finance and Administration for Weld County, Colorado, has
provided me with a copy of your November 19, 1998, letter. Your letter requests an agreement
setting a payment schedule for the amount outstanding on the Baseline Road Project. The total
amount which Lochbuie owes Weld County is $11,169.46.
Enclosed are two originals of such an agreement. If the agreement is acceptable, I respectfully
request that you seek approval by the Town Board and signature by Mayor Evans. Please send
both originals back to my office so that I may place the matter on the agenda for the Board of
County Commissioners of Weld County. My mailing address is 915 Tenth Street, P.O. Box
1948, Greeley, Colorado 80632.
If you should have any questions regarding this letter or the enclosed, please feel free to call me
at (970) 356-4000, extension 4390.
Sincerely)!
Bruce T Bazer
777 Weld County Attorney
BTB/db:Let/Manee
Enclosures
pc: Don Warden
q9pO 79
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