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Home My WebLink About20231537.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR MANAGEMENT OF MISSILE SITE PARK AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Management of the Missile Site Park between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and the City of Greeley, commencing upon full execution of signatures, and ending June 4, 2028, 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 Management of the Missile Site Park between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, 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 5th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddt4s); Weld County Clerk to the Board BY: Deputy Clerk to the Boar APP '.5 ED County Attorney Date of signature: 06/13 X23 Mike man, Chair Lori Saine cc: QG(rr/sG) o6/1S/9-3 2023-1537 BG0025 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Missile Site IGA DEPARTMENT: Facilities PERSON REQUESTING: Toby Taylor DATE: 5-15-2023 Brief description of the problem/issue: Weld County and the City of Greeley have been working through an IGA for the use of the Missile Site park. The County would retain all onsite buildings and buried structure for our continued uses. The City would maintain the park as a day -use and maintain the grounds. In exchange the Missile Site park will allow the City to use as a trailhead for their Shurview property and eventual goal of connecting to the Poudre Trail. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Disapprove the IGA 2. Approve and the IGA will be placed on an upcoming public meeting for official approval. Recommendation: Approve so the IGA can be placed on an upcoming public meeting for official approval Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine 2023-1537 (0/5 BGOOZ, May 17, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Missile Site IGA Weld County and the City of Greeley have been working through an IGA for the use of the Missile Site Park. The County would retain all onsite buildings and buried structure for our continued uses. The city would maintain the park as a day -use and maintain the grounds. In exchange the Missile Site Park will allow the City to use as a trailhead for their Shurview property and eventual goal of connecting to the Poudre Trail. Facilities recommends approval of this IGA. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director DocuSign Envelope ID: D82CB196-14E9-471E-B01F-B76CD1DD34A7 INTERGOVERNMENTAL AGREEMENT FOR THE MANAGEMENT OF MISSILE SITE PARK THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is entered into this rO day of JtAA , 2023, by and between the City of Greeley, Colorado, a Colorado home rule municipality ("Greeley"), whose address is 1000 10th Street, Greeley, Colorado 80631, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado ("Weld County"), whose address is 1150 "O" Street, Greeley, Colorado 80632. WHEREAS Weld County owns property known as Missile Site Park ("the Park"), shown on the attached and incorporated Exhibit A; WHEREAS Greeley leases and will soon own property adjacent to the Park ("Shurview Property"), shown on the attached and incorporated Exhibit B; WHEREAS Greeley wishes to manage the Park for a public day use trailhead for both the Shurview Property and a future natural area connected to the Poudre River Trail; WHEREAS the Park is a convenient trailhead location for the future natural area, and is an appealing camping location; WHEREAS Greeley has the skillset, equipment, and staff capacity to maintain the vegetation in the Park in a natural/native state and in alignment with the management approach on the Shurview Property; and WHEREAS both parties acknowledge the Missile Site Park is part of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cleanup site that is managed by the Army Corps of Engineers, and as such, remediation actions may require various site activities that may include temporary public access restrictions for safety purposes; and WHEREAS both parties are authorized to enter into this IGA by C.R.S. Sec. 29-1-203 and the Colorado Constitution Article XIV, Sec. 18(2) for the purpose of achieving greater efficiencies for the provision of services to the public. NOW THEREFORE, for consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. ACCESS RIGHTS: a. Weld County shall provide Greeley with access to all gates necessary to facilitate vegetation management and minor maintenance in the Park. b. Greeley shall ensure gates are locked and secured when maintenance is complete. c. Weld County will retain all private use and security of structures located inside the chain -link fence in the Park ("Fenced Area"), shown on the attached and incorporated Exhibit C. Page 1 of 6 DocuSign Envelope ID: D82CB196-14E9-471 E -B01 F-B76CD1 DD34A7 d. Greeley may store material and equipment related to the management of the Shurview Property inside the Fenced Area, in a location approved by Weld County. Greeley shall not store material or equipment that interferes with access to the Fenced Area. e. Greeley shall not park any vehicles on top of the buried structure within the Fenced Area. 2. CAMPING: a. Weld County prohibits overnight camping in the Park except by special permit, which the County will issue. The area in which camping is allowed is shown on the attached and incorporated Exhibit D. b. Greeley will install signage, erect fencing, and/or perform any other necessary improvements to ensure no unpermitted camping occurs. c. Weld County shall notify Greeley at least seven (7) days prior to the first day of a permitted camping event. At that time, Greeley will perform any necessary minor vegetation management and maintenance to prepare for the event, but will not provide other services to, or otherwise manage the permitted group. 3. SANITATION: a. Greeley shall install and maintain a sufficient quantity of port -a -let toilets for public day use at the designated trailhead site. b. The existing on -site restrooms, dumpster, and other sanitation facilities shall continue to be maintained by Weld County for the use of permitted overnight campers only. 4. EXISTING FACILITIES: a. Weld County shall continue to perform any necessary capital repairs on all Weld County -owned structures within the Park including the picnic shelters, bathrooms, dump station, and all infrastructure within the Fenced Area. b. Weld County shall remove the existing playground within 90 days after final execution of this IGA. c. Greeley shall manage vegetation in the Park. Greeley will be responsible for grading all road -base areas of the Park as needed. 5. IMPROVEMENTS BY GREELEY: a. Greeley shall install and maintain any entrance gates necessary to facilitate regular public, utility, and oil and gas operator access to the Park. b. Greeley may install night -sky friendly lighting to reduce light pollution and allow future night -sky programming at the Park. c. Greeley may install, remove, or change any other minor improvements in the Park such as cedar fencing, gates, parking blocks, kiosks, signage, lighting, trees and plant material, and outdoor recreation structures. Greeley shall notify Weld County prior to making any changes and Weld County reserves the right to reject any proposed changes it deems a danger or inconsistent with the use of the Park. Greeley shall be responsible for the maintenance of all changes made. 6. WATER AND IRRIGATION: The Park irrigation operates from three non -potable water wells. Page 2 of 6 DocuSign Envelope ID: D82CB196-14E9-471E-B01F-B76CD1DD34A7 a. Weld County shall continue to maintain the irrigation wells including maintenance, unless Greeley begins using the irrigation wells for vegetation establishment, at which time Greeley shall assume maintenance of the irrigation wells. b. Weld County makes no warranty or representation as to the water quality or available water quantities at the Park. c. In the event the utilization of the Park generated by Greeley activities requires additional water or sewer capacity in the form of an added well, water tap, sewer tap, line extension, or related facilities, installing those shall be at the sole expense of Greeley, and Greeley shall assume their maintenance. 7. OTHER UTILITIES: Weld County shall retain all the utilities for its structures at the Park. 8. NO ASSIGNMENT: Any assignment by either party under this IGA shall be null and void without prior written consent from the other party. 9. GOVERNMENTAL IMMUNITY: Both Greeley and Weld County acknowledge that each party is a governmental entity immune from certain liability pursuant to the Colorado Governmental Immunity Act, secs. 24-10-101 C.R.S., et seq. ("CGIA"). No term or condition of this IGA shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the CGIA, as applicable now or hereafter amended. 10. ENTIRE AGREEMENT: This writing constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes any other agreement, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this IGA may be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the parties. This IGA shall be binding upon the parties, their officers, employees, agents, and assigns, and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors, and assigns of the parties. 11. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: Nothing in this IGA shall give or allow any claim or right of action whatsoever by any person/entity not a party. 12. SEVERABILITY: If any term or condition of this IGA shall be held to be invalid, illegal, or unenforceable, this IGA shall be construed and enforced without such provision to the extent that this IGA is then capable of execution within the original intent of the parties. 13. TERM: This IGA shall be effective for five (5) year from the date of its final execution. At the end of the initial period, this Agreement may be renewed for a further term as mutually agreed writing by the parties. 14. TERMINATION: This agreement may be terminated at any time by either party with 90 days' written notice to the other party's representative. Page 3 of 6 DocuSign Envelope ID: D82CB196-14E9-471E-801F-B76CD1DD34A7 15. NOTICES: All notices required herein shall be mailed via USPS First Class Mail to the parties' representatives at the addresses set forth below: Greeley: Real Estate Management 1000 10th Street Greeley, CO 80631 Weld County: Toby Taylor P.O. Box 758 Greeley, CO 80631 16. COUNTER PARTS: This IGA may be executed in any number of counterparts, each of which, when taken together, shall constitute the original. This IGA shall only be effective when all counterparts are signed by both parties. 17. ELECTRONIC SIGNATURES: This IGA may be executed and delivered by electronic signature by any of the parties and all parties consent to the use of electronic signatures. [SIGNATURE PAGES TO FOLLOW] Page 4 of 6 DocuSign Envelope ID: D82CB196-14E9-471 E -B01 F-B76CD1 DD34A7 GREELEY: City of Greeley, Colorado a Colorado Home Rule Municipality Natural Areas and Trails: DocuSigned by: rivsfit, S-cikodifok. 6CC07ACCDAGG407_. Justin Scharton, Natural Areas and Trails Superintendent Date 4/26/2023 Culture, Parks, and Recreation Department: DocuSigned by: rreow7Drco117z.. John Dargle, Culture, Parks, and Recreation Director Date City Attorney Office: ,--DocuSigned by: '3t5Je5G7oFaCv3Y.. Doug Marek, City Attorney City Manager Office: DocuSigned by: rare►n.l C. (,ci, (l( �DOOrD07•LiDA54JF... Raymond E. Lee III, City Manager Date Attest: DocuSigned by: g �cs D4ac.. Het iceat1 vood, City Clerk Page 5 of 6 5/2/2023 5/2/2023 Date 5/3/2023 5/8/2023 Date DocuSign Envelope ID: D82CB196-14E9-471 E -B01 F-B76CD1 DD34A7 WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUN 0 5 2023 Mike Freeman Chair ddrAtA) JeL;ti Date Page 6 of 6 da.2/657 Be • es- I I: • •.- •_. -ZS -:'. to tos. 6 CV Missile Site Park - Vicinity Map Greeley Inl.xtlut•llnt ..nunucdd on du. ductullttll tt lltnlln llt. I'm -gnarl o) Rim •'ily urC3tuvlcq C.q •. any poi tun' of this tarp wltlw, it tlu wntlmt Isamu d.c I'uy of lhvctty a vat wily Inutul,dc.'1 'nun .Jucttncnt tv n.4 n¢an.tnl to be laud ha the prvp.umtun ut cunftnatnn, I luclOll CrQ. IN ant. C% 111} PI I YI' 1j:,.111III I,It IM1'.C% File Missile Site Park Base Map - 04.29.19 Date: 5/1/2019 By City of Greeley 0 500 Feet 1,000 \V D S E I ID nRor cm ea_ 1 A c Q A' 1 c_ on 1 c 07 r• ni nnn A Al ocu IVII nve ope 41, ik `tea . - 't►. r It . E . f r i .:•'-a ••.- ---`, w-• SHURVIEW PROPERTY Missile Site Park LOCATION } „dt ' — tt EXHIBIT :Itttu: ,\ Pa lcela Natural Area Trails Natural Area Trail Status Open Open with Caution Closed Alternate Route Greeley City Limits Long-range expected growth area (LREGA) Weld Parcels Inittrtn a 1491 vtYtla tt R.I Vtl tlul Greeley reeley NATURAL AREAS & TRAILS Shurview Property and Missile Site Park Vicinity 'kwuuical tcmautr the pimpctry at City ut Oiculuy Copying Ito ptaLuu nl 11114 map wtltuett UIu wittltrtt pauaurtrvt ul Iiw t. u) tit Urccky a rattly ptottuUucd Tlta doctmtnnt n nor aduutted Its It ttwd M lieu pl c p W nl son to I C W Ir tl ltCttatt llti.lttttLid, ill tta, c0 imp a tulV l*.tltt qt I11111h)IC• File: Missile Site Property Base Map - 09.06.22 By: City of Greeley Date: 9/6/2022 0 Miles 0.5 DocuSign Envelope ID: D82CB196-14E9-471 E -B01 F-B76CD1 DD34A7 Gfeel�y oradu DOCUMENT ROUTING MEMORANDUM The purpose of this memorandum is to provide information regarding the attached document routed to you for your signature. TO: Kally Moran, Justin Scharton-Natural Areas, John Dargle-CPRD DIR (Select Recipients Below - See Signature Authority Requirements) Doug Marek, City Attorney: Legal_Services@greeleygov.com John Karner, Finance Director: John.Karner@greeleygov.com Raymond C. Lee III, City Manager: Val.Scheffer@greeleygov.com John Gates, Mayor: via CityClerk a.greeleygov.com Heidi Leatherwood, City Clerk (Attest): Heidi.Leatherwood@greeleygov.com FROM: Tania Gutierrez, Real Estate Technician ON BEHALF OF (If applicable): wy Moran, Real Estate Manager Initials of above: (Must be first in signing order) RE: Intergovernmental Agreement for The Management of Missile Site Park Executive Summary: This is an intergovernmental agreement between the City of Greeley and Weld County for the maintenance of Missile Site Park. Time Sensitivity? If yes, deadline date and reason: Legal Review: _ Is this a standard contract as defined by City Code Section 2-184(a)(2) ? Yes a No - N/A I f this is not a standard contract, and has not been reviewed by CAO, this document may not be routed for signatures. Please submit for Legal Review on COGI prior to routing. If this is not a standard contract, which attorney reviewed the document? Name: Susan Henderson/ Stacey Arzada Obtained Approvals, Reviews, or Recommendations (If applicable) Council #: Board or Commission ❑ City ❑ ❑Other Ord./Res. Date: (specify) Date: Date: Contract Amount: 7.19.22 (if applicable) Contract Form New Contract Request Enti nfor Lion Entity Name* CITY OF GREELEY Contract Name* MISSILE SITE IGA Contract Status CTB REVIEW Entity ID* A00001551 ❑ New Entity? Contract ID 7011 Contract Lead* SGEESAMAN Contract Lead Email sgeesamancAco.weld.co.us:l redfern Aweldgov.com Parent Contract ID Requires Board Approval YES Department Project it Contract Description* IGA BETWEEN WELD COUNTY AND THE CITY OF GREELEY IN REFERENCE TO THE MISSILE SITE PARK Contract Description 2 Contract Type. AGREEMENT Amount* 50.00 Renewable* YES Automatic Renewal IGA YES Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundsAweldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadAweldgov.c©m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYW WELDG OV. COM 1GA Deadline Date 06:O1,`2028 Requested BOCC Agenda Date* 06;07,2023 Due Date 06/03/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter MBA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Date 05/22./2023 Final Approval ItOCC Approved SOCC Signed Date SOCC Agenda Date 06105 2023 Originator SGEESAMAN Review Date* 05/0112028 Renewal Date* 06;'01 2028 Committed Delivery Date Expiration Date Contact Type Contact Email Finance Approver CHERYL PATTELLU Contact Phone 1 Purchasing Approved Date Finance Approved Date 05/22x'2023 Tyler Ref # AG 060523 Legal Counsel MATTHEW CONROY Contact Phone 2 Legal Counsel Approved Date 05,'23 2023 Hello