HomeMy WebLinkAbout961737.tiff RESOLUTION
RE: APPROVE AMENDED VERSION OF INTERGOVERNMENTAL AGREEMENT FOR
IMPROVEMENT, ANNEXATION, AND MAINTENANCE OF CERTAIN STREETS AND
AVENUES IN AND/OR ADJACENT TO TOWN OF ERIE, 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 amended version of an
Intergovernmental Agreement for Improvement, Annexation, and Maintenance of Certain
Streets and Avenues in and/or Adjacent to the Town of Erie, Colorado, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Public Works Department, and the Town of Erie, Colorado, by
and through its City Council, 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 amended version of the Intergovernmental Agreement for
Improvement, Annexation, and Maintenance of Certain Streets and Avenues in and/or Adjacent
to the Town of Erie, Colorado, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Public
Works Department, and the Town of Erie, Colorado, by and through its City Council, 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 25th day of September, A.D., 1996.
..� BOARD OF COUNTY COMMISSIONERS
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O S �� Barbara J. Kirkmeyer, hair
�'I '��' e . ty Clerk to the Board
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orge�E. Baxter, P o-T
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- Deputy Clerk ,the Board
Dale K. Hall L ,
APP AS TO FOR •
Constance L. Harbert
o� t c tA: ;9 ,7
ou Attorney 1- ( y J ,C
W. H. Webster
961737
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INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT, ANNEXATION,
AND MAINTENANCE OF CERTAIN STREETS AND AVENUES IN AND/OR
ADJACENT TO THE TOWN OF ERIE, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of >4 ft. ) 1996 by and between the Town of Erie, Colorado, by and through
its City Council, hereinafter referred to as "Town", with offices located at Erie, Colorado
80516, 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, portions of WELD COUNTY ROAD 3 north from State Highway 7 to
Commander Drive lie within the jurisdictional boundaries of both Town and County and will
b6st be maintained in the future by being completely annexed into Town. and
WHEREAS, Town and County now desire to enter into an Agreement whereby the
improvements, maintenance. and annexation issues referred to above are addressed to
the satisfaction of both governments.
WHEREAS. such Agreements are authorized by C.R.S. § 09-1-203 and Colorado •
Constitution Article XIV, § 18(2)(1). ra
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1 . TERM.
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 96 1..737 37
The term of this Agreement shall be from the date first written above to and until the
date 30 days after said road paving is completed or WCR 3 north of State Highway
7 is completely annexed into the Town and the annexation plat is recorded,
whichever is later. Notwithstanding the foregoing, the payment of costs under
paragraph 2 herein in the event of deannexation shall remain an obligation of Town
for a period of 10 years from the date of this Agreement.
2. IMPROVEMENTS TO WCR 3.
a) With respect to improvements for WCR 3 from State Highway 7 North a
distance of 2150 feet (±) to the southern end of the vacated portion of Weld County
Road 3 as described in a Resolution of the Board of County Commissioners dated
August 20, 1975: County shall be responsible for all engineering and contract
administration for one-time road improvements, including engineering design,
construction, inspection, and materials testing. Town shall be responsible for
acquisition of additional right-of-way on the west side of WCR 3 and County shall
provide survey and legal descriptions for said rights-of-away. County may utilize
its maintenance personnel to apply hot laid asphaltic concrete for any necessary
resurfacing work or, in lieu thereof, County may contract for such work to be
performed. In the event Town fails to annex WCR 3 in accordance with paragraph
3 herein or deannexes any portion of WCR 3 within 10 years of the execution of this
Agreement, and only in those events, Town shall pay to County cash equal to 50
percent of the actual costs of labor, equipment. and material for all improvement
work completed by County on WCR 3. The costs of any asphalt paving performed
by County maintenance personnel shall be limited to actual costs for labor,
equipment, and materials used to complete the work.
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961.737
b) With respect to improvements to WELD COUNTY ROAD 3 from the
centerline extended of Commander Drive a distance of 3,135 feet South(+-): County shall
be responsible for all engineering and contract administration for one-time road
improvements, including engineering design, construction. inspection, and materials
testing. Town shall be responsible for acquisition of additional right-of-way on the east
side of WELD COUNTY ROAD 3. County may utilize its maintenance personnel to apply
hot laid asphaltic concrete for any necessary resurfacing work or. in lieu thereof, County
may contract for such work to be performed. The Town will reimburse County for 1/2 of the
costs of work performed by the County or under its direction on this segment. In the event
Town fails to annex this segment of WELD COUNTY ROAD 3 in accordance with
paragraph 3 herein or deannexes any portion of WELD COUNTY ROAD 3 within 10 years
of the execution of this Agreement, and only in those events, Town shall pay to County
cash equal to 50 percent of the actual costs of labor, equipment, and material for all
improvement work completed by County on WELD COUNTY ROAD 3. The costs of any
asphalt paving performed by County maintenance personnel shall be limited to actual
costs for labor, equipment, and materials used to complete the work.
3. ROADS OWNED By COUNTY. THEN ANNEXED BY TOWN.
The rights of way which exist or are to be acquired under this agreement for WCR
3 north from State Highway 7 to Commander Drive are to be annexed so that the
entire width of the right-of-way is annexed into the town. The Town shall pass a
resolution of intent to annex WCR 3 prior to County commencing paving under
paragraph 2 herein. Town shall complete the annexation within a reasonable
period of time thereafter, but no later than 90 days after completion of the
improvements described in paragraph 2.
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961.'737
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 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. 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 implied, shall not constitute a consent to, waiver of, or excuse for any
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961737
other different or subsequent breach.
7. NO WARRANTY.
Neither County nor Town, by virtue of their entering into this Agreement and upon
their promises to perform the work described herein, make warranties, either
express or implied, that the improvement work and/or maintenance of these roads
meet standards other than those generally required for counties and cities of the
size and type similar to County and Town.
1-i,
IN WITNESS WHEREOF the parties s hereto have signed this Agreement this ( 2 day
of & kkJ3IJ f r 19 f
,
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P :. i•
o TT'C- T: TOWN OF ERIE, COLORADO, by and
so„,)% through the Board of Trustees of Erie,
Da' Colorado
,',i4qn.uunRi
A)); '
.6,`Q
Q C l By:
Town Clerk Mayor
T: COUNTY OF WELD, STATE OF
i< . -arr. ��� �i� COLORADO, by and through the Board
l
41(7° of County Commissioners of Weld County
C et L By: >t/L.1
rk to the Boa d Bafbara J. Kirkmeyer, hair 09/25/94
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2513731 B-1569 P-819 10/02/96 02:1OF PG 5 OF 5
�76.I�.73F.J .,7
/ -UY LIMB.CO
~0A TOWN OF ERIE
645 HOLBROOK P.O.BOX 100
° ERIE,COLORADO 80516
�`p o LOCAL(303)828-3843
METRO(303)665-3555
September 16, 1996
0 l�l
Lee Morrison, Esq. ;! (1
Assistant County Attorney f SEP 1 9 1996 !I a
Weld County )
915 10th Street vELD COUNTY
Greeley, Colorado 80632 ATTORNEY'S OFFICE
Re: Intergovernmental Agreement Re: Weld County Road 3
Dear Lee:
Enclosed are two signed originals of the Intergovernmental Agreement between Weld County
and the Town of Erie regarding Weld County Road 3. I am assuming that once the agreements are
signed, the County will have them recorded and I will be forwarded a copy.
If you have any questions, please call me at 665-3555. Thank you for your assistance.
Very truly yours,
6-7
Lisa M. Marino
Town Clerk
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(1 961737
POLICE DEPT. P.O. BOX 510 METRO(303)449-3156 LOCAL(303)828-3200 MOUNTAIN VIEW FIRE PROTECTION DISTRICT (303)772-0710
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