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Home My WebLink About20242830.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING CONTRIBUTIONS TO FUND IMPROVEMENTS AT GREELEY-WELD COUNTY AIRPORT 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 Regarding Contributions to Fund the Taxi Lane Echo One and Taxiway Echo One Improvements at the Greeley -Weld County Airport among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the Greeley -Weld County Airport Authority, and the City of Greeley, commencing upon full execution of signatures, 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 Regarding Contributions to Fund the Taxi Lane Echo One and Taxiway Echo One Improvements at the Greeley -Weld County Airport among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the Greeley -Weld County Airport Authority, 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 23rd day of October, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Kevin D. Ross, Chair Weld County Clerk to the Board Perry L. Buck, Pro-Tem BY: Deputy Clerk to the Board Mike Freeman APPROVED AS TO FORM: Scott K. James County Attorney Lori Saine Date of signature: 2024-2830 BC0058 INTERGOVERNMENTAL AGREEMENT REGARDING CONTRIBUTIONS TO FUND IMPROVEMENTS AT THE GREELEY-WELD COUNTY AIRPORT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this LS/ day of October, 2024, by and between the Greeley -Weld County Airport Authority ("Authority" or "the Authority"), by and through the Greeley -Weld Airport Authority Board ("the Authority Board"), whose address is 600 Airport Road #A, Greeley, Colorado 80631 and the City of Greeley ("City") whose address is 1000 10th Street, Greeley, Colorado 80631, and Weld County ("County") whose address is 1150 O Street, Greeley, Colorado 80631 (collectively "Parties"). WITNESSETH WHEREAS, in 1978 City and County jointly formed the Authority pursuant to the provisions of the Colorado Public Airport Authority Law (C.R.S. §§ 14-3-101, et seq.); and WHEREAS, on July 11, 1978, City passed Ordinance 36, 1978 which authorized creation of the Authority, and also set forth the agreements between County and City regarding contribution of assets to the Authority and dissolution procedures; and WHEREAS, on July 24, 1978, County approved on third reading Ordinance No. 30, 1978 (collectively with City of Greeley Ordinance 36, 1978, the "1978 Ordinances") which authorized creation of the Authority, and also set forth the agreements between County and City regarding contribution of assets to Authority and dissolution procedures; and WHEREAS, the 1978 Ordinances detailed the value of contributions of assets by City and by County to the Authority to enable it to begin airport operations; and WHEREAS, since that time, Authority has operated the Greeley -Weld County Airport ("Airport") as a general aviation public use airport; and WHEREAS, in 1996, Authority constructed a 10,000 -foot runway and taxiway system (the "Runway"), and other improvements; and WHEREAS, hangars at the Airport are either owned by or leased by various private parties; and WHEREEAS, at present, the Authority Board is in negotiations with JBS, S.A. or one of its United States based subsidiaries ("JBS") to lease hangar space for their construction of a hangar for their exclusive use; and WHEREAS, several parties are in need of hangar space and there is an immediate need for the construction of an additional Taxi Lane Echo One and Taxiway Echo One (collectively Page 1 of 8 Pages "Echo 1") from the hangars to the runway and an access drive from Weld County Road 47 ("Wingway and Access Road") (collectively, "Improvements" or "Project"); and WHEREAS, Improvements are shown on the attached Exhibit "A;" and WHEREAS, City and County desire to contribute funds for the purpose of completing the Improvements; and WHEREAS, the Parties are authorized to enter into this Agreement by virtue of C.R.S. § 29-1-203 and C.R.S. § 41-3-101 et seq. NOW, THEREFORE, IN CONSIDERATION OF THE FOLLOWING MUTUAL PROMISES AND COVENANTS, the Parties agree as follows: 1. Design and Construction of Improvements. Authority shall design and construct Echo 1 utilizing funds contributed by County as detailed below. City shall design and construct Wingway and Access Road. Additionally, City shall install necessary water and sewer lines to serve a hangar to be constructed by JBS (extending to the edge of the hangar lease line). 2. Responsibilities of City. a. City, at its sole cost, shall design and construct Wingway and Access Road, and install necessary stormwater, water and sewer, and other dry utilities to serve a hangar to be constructed by JBS. City shall keep track of such expenses and present a detailed summary to Authority Board and County to memorialize City's contribution to the Authority. b. With respect to the Wingway and Access Road portions of the Project, City hereby authorizes its consultant, Bolton & Menk, to work as Project Manager at the direction of and reporting directly to the Authority Board regarding all matters involving or relating to the Project. With respect to the Echo 1 portions of the Project, City hereby authorizes Bolton & Menk to collaborate with the Airport Authority and its Engineers, Garver, LLC, JBS, and any other stakeholders to ensure timely completion of the Project, all at the direction of and reporting directly to the Authority Board regarding all matters involving or relating to the Project. Bolton & Menk has been authorized to contact, advise, and direct any needed negotiations with any and all stakeholders, including government entities such as the Federal Aviation Administration (FAA), property owners, and local, state, and federal agencies in relation to the Project. The costs for the work performed by Bolton & Menk as Project Manager will be paid solely by City. City shall keep track of such costs and present a detailed summary to Authority Board and County to memorialize City's contribution to the Authority. Page 2 of 8 Pages 3. Responsibilities of County. County shall contribute to the Authority funds necessary to pay all costs necessary for the for design and construction of Echo 1. Upon receiving an invoice from the Authority, County shall pay the sum of $3,000,000 (US Dollars Three Million) to be held by and used by the Authority to complete Echo 1. This sum represents the current estimated cost of the design and construction of Echo 1. However, if additional funds are needed by the Authority to pay for the completion of Echo 1, County shall be invoiced as needed by the Authority to reimburse the actual costs incurred by the Authority to complete Echo 1, up to an additional sum of $2,000,000 (US Dollars Two Million). All monies paid by County for the design and construction of Echo 1 shall be considered as County's contribution to Authority. 4. Responsibilities of Authority. a. Authority shall grant a permanent easement to City (on a form provided by City) for Wingway and Access Road for the purpose of providing public access and installation of utilities, subject to appropriate restrictions designed to protect the security and safety of the airport and its users. b. Authority shall coordinate the procurement and selection of a contractor to construct Echo 1. c. Authority shall submit to County the invoice(s) mentioned in Section 3, above, in a timely manner. d. Authority shall be responsible to hold all funds paid by County for the purpose of paying the costs of design and construction of Echo 1. e. Authority shall allow access to the City and its contractors and private utilities as needed for the completion of the Project. 5. Compliance with Authority's Bylaws. Notwithstanding anything to the contrary in this Agreement, nothing herein will authorize the Parties to act in a manner that violates Authority's Bylaws, FAA regulations, or any FAA grant terms or conditions, and the Parties agree that all acts required by the terms of this Agreement will be done in compliance with Authority's Bylaws. 6. Contributions by City and County. City and County agree that each party's contributions to the Project shall, through this Agreement, be included in and as additions to the asset contribution list contained in the 1978 Ordinances or in any successor agreement entered into by County and City related to the Airport. Such contributions shall be subject to distribution provisions set forth in the 1978 Ordinances or in any successor agreement entered into County and City related to the Airport. Page 3 of 8 Pages 7. Miscellaneous. a. This Agreement shall be governed by and construed in accordance with Colorado law. b. This Agreement is binding upon and will inure to the benefit of the Parties and their successors. c. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement. d. The provisions of this Agreement may be amended only in writing signed by the Parties. e. 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, will be strictly reserved to the Parties and nothing in this Agreement will 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 Parties that any entity other than the Parties receiving services or benefits under this Agreement will be an incidental beneficiary only. f. This Agreement and obligations of the agencies hereunder are expressly contingent upon the Parties budgeting and appropriating the funds needed to fulfill the obligations hereunder. Financial obligations of the parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. g. No waiver by any of the parties hereto of any of the terms and conditions of this Agreement will be deemed to be or be construed as a waiver of any other term or condition of this Agreement, nor will a waiver of any breach of this Agreement be deemed to constitute a waiver of any subsequent breach of the same provision of this Agreement. h. Notwithstanding anything contained herein to the contrary, it is agreed that in the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion, accident, war, illegality, act of God, or any other cause beyond the control of any of the parties hereto, or strikes and labor troubles (whether or not within the power of the party affected to settle the same) prevents or delays performance by any party to this Agreement, such party will be relieved of the consequences thereof without liability, so long as and to the extent that performance is prevented by such cause; provided, however, that such party will exercise due diligence in its efforts to resume performance within a reasonable period of time. Page 4 of 8 Pages i. This instrument, combined with the 1978 Ordinances, embody the entire Agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. j. 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. k. 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 a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. 1. This Agreement, and any modifications to this Agreement, may be executed with counterpart signature pages, and the document with all counterpart signatures will constitute one and the same instrument. All parties consent to the use of electronic signatures. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written above. (The remainder of this page is left intentionally blank.) Page 5 of 8 Pages GREELEY-WELD COUNTY AIRPORT AUTHORITY ATTEST: By: By: John Gates, Chair Secretary/Treasurer APPROVED AS TO LEGAL FORM: By: Kent Naughton Page 6 of 8 Pages CITY OF GREELEY, COLORADO APPROVED AS TO SUBSTANCE: By: Raymond C. Lee, III City Manager AS TO AVAILABILITY OF FUNDS: By: Tyra Litzau Director of Finance APPROVED AS TO LEGAL FORM: By: Stacey Aurzada City Attorney Page 7 of 8 Pages WELD COUNTY, COLORADO 2c_ Kevin D. Ross, Chair OCT 2 3 2024 Board of County Commissioners of Weld County ATTEST: daiftgA) G... so;o, CLERK TO THE BOARD Page 8 of 8 Pages aka Clerk tooar zo24- a '30 EXHIBIT A Bennett•Hickenboper dwg Lasl Save 3222424 2 11 PM Lad saved by. RCastulloNevaraz 0 100' 200 ON FEET) TOFA TLOFA BRL 38' BRL 30' • LEGEND EXISTING ROAD PROPOSED ASPHALT PAVEMENT PROPOSED CONCRETE PAVEMENT HANGARS 100' X 100' HANGARS 70' X 60' CONDO HANGARS 60' X 60' CONDO HANGARS 50' X 50' CORPORATE HANGARS T -HANGARS 60' X 60' RUNWAY SAFETY AREA RUNWAY OBJECT FREE AREA TAXIWAY SAFETY AREA TAXIWAY OBJECT FREE AREA TAXILANE OBJECT FREE AREA SCHEDULE 1 SCHEDULE 2 IRE lab wA •ot INS BRL 20' BRL38' mat— . 6lt18 CONSTRUCTION ACESS (FIELD VERIFY) _ II!; 411:;1 I%11 - ACCESS ROAD CORPORATE HANGAR I MANUFACTURING FACILITY 100' X 350' CORPORATE HANGARS! MANUFACTURING FACILITIES 200' X 200' ! � W -fie _ 'BFii TOFA A- ` _-.`-":. i 1R r,JFq 243`1.1 vSCirA -- SA ' } Ir. GATED PARKING CORPORATE HANGARS 150' X 100' JBS Hai ig,i• 170'x250" vd0 - ,' U21 POFA biOh TAXIWAY ECHO ONE 185 00 VJO2i ROFA VfOJ I .1 1 R GARVER 07024 GARVER ILO This DOCUMENT. ALONG WTH THE IDEAS AND DESIGNS CONVEYED HEREIN, SHALL BE CONSIDERED INSTRUMENTS OF PROFESSIONAL SERVICE AND ARE PROPERTY OF GARVER LLC. ANY USE, REPRODUCTION, OR DISTRIBUTION LW THIS DOCUMENT, ALONG WTH THE IDEAS AND DESIGN CONTMNED HEREIN, IS PROHIBITED UNLESS AUTHORIZED IN WRITING BY GARVER, LLC OR EXPLICITLY ALLOWED IN THE GOVERNING PROFESSIONAL SERVICES AGREEMENT FOR THIS...CAA EAST DEVELOPMENT COMPLEX - EXHIBIT JOB NO DATE FEB 2024 DESIGNED BY DRAWN BY RCN BM IS ONE INCH ON ORIGINAL DRAWING 1 - IF NOT ONE I NOH ON THIS SHEET ADJUST SCAT ES ACCOROINGI Y DRAWING NUMBER Hello