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RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH CITY OF GREELEY 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 Transfer of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley, 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 Transfer of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Greeley 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 18th day of February, A.D., 1998. BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO ATTEST: � ;T; �' ,ly\ EXCUSED ss, ��`f ti'�,^ , ',- Const nce L. Harb rt, Chair Weld Count% le kpp_ oar: - j / �_vo, W. ster, Pro-Te BY: A. ,i , . pig,.i. . Deputy Clerk to the=oard e . Baxter AP FORM: Dale K. Hall nty Att rney Qr. t12 arbara J. Kirkmeyer 980300 9reeJey PRO015 �fS3 INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF REAL PROPERTY THI§JNTERGOVERNMENTAL AGREEMENT is made and entered this /1/h day of Decernbtri, i 997,by and between the CITY OF GREELEY,COLORADO,a home-rule municipality of the State of Colorado, by and through its City Council, with offices located at 1000 10th Street, Greeley,Colorado 80631,hereinafter referred to as"City,"and 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, with offices located at 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as"County." WITNESSETH: WHEREAS,by Treasurer's Deed Number 3749,recorded March 2, 1994,in the office of the Weld County Clerk and Recorder at Book 1429, Reception Number 02376224,the County received ownership to property located in the Gateway Park Subdivision, Filing Number 2, Amended, said property being more fully described in the attached Exhibit"A," and said Treasurer's Deed being issued for Tax Sale Certificates Numbers 371/89 and 372/89, and WHEREAS,as of March 2, 1994,the amounts of taxes due and owing to County, pursuant to said Tax Sale Certificates, was $11,406.20 for 371/89 and $15,905.28 for 372/89, for a total of $27,311.48, and WHEREAS, said amount of taxes is still due and owing as of the date of this Intergovernmental Agreement, and WHEREAS, said property is also subject to delinquent special district tax amounts owed to City, and WHEREAS, City has received recent inquiries from third parties regarding whether said property is available for sale, and both parties believe it is in their best interests to sell said property and to apply any proceeds therefrom toward said delinquent taxes, and WHEREAS,the parties hereto believe it now advisable to transfer ownership to City so that it may be in the best position possible to market said property for sale. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: This Intergovernmental Agreement shall extend from the date of signature herein, to and until such time as the City sells the entirety of said property and applies the entire proceeds therefrom toward the delinquent property taxes in the sum of$27,311.48, and such taxes are paid in full. Page 1 of 4 Pages 1111111 1111 111111IIII111111I 1111 111111 III IIIII 11111111 2597583 03/03/1998 03:38P Weld County CO 1 of 5 R 0.00 D 0.00 JA Suki Tsukamoto 2. CITY AGREES: a. To market said property in such manner as City,in its sole discretion, sees fit. Any costs associated with said marketing shall be paid entirely by City. b. To effectuate the transfer of said property, or any portion thereof, to willing buyer(s). c. To apply the entire proceeds of such sale(s) first to the payment of the delinquent property taxes in the sum of$27,311.48. Any proceeds received by City from the sale of said property in excess of said amount shall be retained by City to apply toward the delinquent special improvement district taxes. 3. COUNTY AGREES: To transfer ownership of said property to City by quit claim deed upon the mutual approval of this Intergovernmental Agreement. 4. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Modifications, amendments, notations, renewals, or other alterations of or to this Intergovernmental Agreement shall only be deemed valid or of any force or effect whatsoever if 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,either expressed or implied,shall not constitute a consent to, waiver of or excess of any other different or subsequent breach. 5. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision,to the extent that this Intergovernmental Agreement are then capable of execution within the original intent of the parties. 6. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental 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 Intergovernmental 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 Intergovernmental Agreement . Page 2 of 4 Pages 111111111111 111111 II'I IIIIIII IIII 111111 III 11111 IIII IIII 2597583 03/03/1998 03:38P Weld County CO 2 of 5 R 0.00 D 0.00 JR Suki Tsukamoto 7. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. WHEREFORE,parties have hereunto set their hands and seals the date and year first written above. CITY OF GREELEY,COLORADO, by and ATTEST:, `\ through the GREELEY CITY COUNCIL •BY: i ` ,�1rh/ A dea-vt� $etsy' ld , City Clerk La em Nelson, Mayor I APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: By. Aa`�� '. Toy Ric d ady, Greeley City Attorney Paul Grattet, Greeley City Manager APPROVED AS TO AVAILABILITY OF FUNDS: By: --•-° Tim Nash, Finance Director • Page 3 of 4 Pages 111111 IIIII 111111 IIII IIIIIII IIII IIIIII III IIIII IIII IIII 2597583 03/03/1998 03:38P Wield County CO 3 of 5 R 0.00 D 0.00 JA Suitt Tsukamoto ATTEST: ri COUNTY OF WELD, by and through the Weld County Clcr to BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD OF THE COUNTY E i _ OF WELD t Ji r r By_____: y i/(/� 1 `� U �1; By: ww V Deputy Clerk and Protean (02/1C/98) M:\WPFILESUGREEUMGATE WA.BTB Page 4 of 4 Pages 1111111 11111 111111 IIII 111111I IIII Mill 11111 IIII 111 2597583 03/03/1998 03:36P Weld County CO 4 of 5 R 0.00 D 0.00 IA Suki Isukamoto EXHIBIT "A" GR 2GWP1 PT LI GATEWAY PARK FILING 112 AMENDED COMM NE COR SE4 14-5- 66, THENCE N87D34'W 1616.34' S40.04' TO TRUE POB POINT, ALSO BEING NW COR Ll, THENCE S87D34'E 419.57' S02D25'W 170.08' S47D25'W 559.49' N566.20' TO TRUE POB. • • 111111 11111 111111 IIII 1111111 IIII 111111 III 1111111111111 q i 2597583 03/03/1998 03:38P Weld County CO 5 of 5 R 0.00 0 0.00 JR Suitt Taukamoto CITY OF GREELEY, COLORADO RESOLUTION NO. 5 , 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY, WHICH AGREEMENT ALLOWS FOR THE TRANSFER OF PROPERTY LOCATED IN THE GATEWAY SUBDIVISION, FROM WELD COUNTY TO THE CITY OF GREELEY BY WAY OF A TREASURER'S DEED. WHEREAS, Weld County owns property that is located in the Gateway Subdivision in Greeley, Colorado and said property has tax liens against it in the amount of$27,311.48; and WHEREAS, the City of Greeley has received recent inquiries from third parties regarding whether said property is available for sale, and that the City of Greeley and Weld County believe it is in their best interest to sell said property and to apply any proceeds therefrom toward the delinquent taxes on the property; and WHEREAS,the City of Greeley, Colorado is best suited to market and sell the property; and WHEREAS, Weld County is willing to deed the property to the City of Greeley by way of a Treasurer's Deed. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO, resolves as follows: 1. The Council approves of the City entering into an Intergovernmental Agreement to receive property from Weld County by a Treasurer's Deed for the purpose of selling said property and paying off the delinquent taxes. 2. This resolution shall become effective immediately following its passage, as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED this 3rd day of February , 1998. ATTEST: THE CITY OF GREELEY, COLORADO lit, A (/t ti1 [/!fl/y City Clerk Miyor rr� 521} QUIT CLAIM DEED THIS DEED is made this 25th day of February, 1998, between Weld County, Colorado, a body politic and corporate of the State of Colorado of the first part, and to the the City of Greeley,a home- rule municipality of the State of Colorado, 1000 10th Street,Greeley, Colorado 80631, of the second part. WITNESSETH,that the said party of the first part, for and in consideration of the sum of, $10.00 and other good and valuable consideration,to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised,released,sold,conveyed and QUIT CLAIMED,and by these presents does remise,release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns,forever, all the right,title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit"A." TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part. heirs and assigns forever. IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Constance L. Harbert, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 18th day of February, 1998,have hereunto set my hand and affixed the seal of said County this 25th day of Febru , 1998, for the uses and purposes therein set forth. ATTEST: / COUNTY OF WELD, STATE OF COLORADO. A BODY POLITIC AND CLERK TQ HQ; F CORPORATE OF THE STATE OF �iI COLORADO COUNTY! I �) � e �2% BY: - BY44)70 -#cGLJar Depugn �e , d Constance L. Har ert, Chair oPQ� q�0, ''', CO2/Ia/90 0 OTAt� STATE OF COLORADO ) C©uygyy of WO . _ ) ss. The'fc segpi, 'ilistrument was acknowledged before me this 25th day of February, 1998, by Constance L. Harbert, as Chair of the Board of County Commissioners of the County of Weld in the State of Colorado. Witness my hand and official seal. MY rr' ;� p4 EXPIRES Jl "` 8' 1998 My commission expires: M:\PPFB.ES\DEEDS\GATEDEED.BTB IIIIII 11111111111IIII Milli IIII IIIIII M 2597584 03/03/1998 03:37P Meld County CO 1 of 2 R 0.00 D 0.00 JA Sukt Taukamoto EXHIBIT "A" GR 2GWP1 PT L1 GATEWAY PARK FILING #2 AMENDED COMM NE COR SE4 14-5-66, THENCE N87D34'W 1616.34' S40.04' TO TRUE POB POINT, ALSO BEING NW COR Ll, THENCE S87D34'E 419.57' S02D25'W 170.08' S47D25'W 559.49' N566.20' TO TRUE POB. M:\W PFB.ES\AGREE\GATEEX.BTB 111111110131111111111111 IIII BB III Ell IIII IIII 2597584 03/03/1998 03:37P Weld County CO 2 of 2 R 0.00 0 0.00 JA Sukl Tsukamoto I hereby certify that the within instrument is a true duplicate of the Original filed in my office. Witness my hand and official seal this day of irricir i a I19��V Weld County Clerk and Recorder //�� Weld County, Colorado By'• uu A. 0)WD* G Deputy Hello