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Home My WebLink About20220670.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR AULT GRADER SHED ACCESS (41150 TEAGAN AVENUE) AND AUTHORIZE CHAIR TO SIGN - TOWN OF AULT 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 the Ault Grader Shed Access (41150 Teagan Avenue) 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 Town of Ault, commencing upon full execution of signatures, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 the Ault Grader Shed Access (41150 Teagan Avenue) 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 Town of Ault, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2022. BOARD OF COUNTY COMMISSIONERS tt�� ,,,,,,// WEL COUNTY, COLORADO ATTEST: ��dl G. •X Lto%� Sc K. James, Chair Weld County Clerk to the Board . - r, an, BY: puty Clerk to the Board APPROVED AS TO FO oreno County Attorney Date of signature: 3/3 /22 CC: 6GC'r'r/sG) 2022-0670 BG0024 Card -act iP4s(� I z FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 February 14, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Intergovernmental Agreement — Town of Ault Attached is the Intergovernmental Agreement (IGA) with the Town of Ault. This IGA coincides with the construction of a new Grader Shed within the town limits. It identifies that should the County sell the parcel, the shared property access from County Road 33 may be dissolved pending the Town of Ault's determination at time of sale. The IGA also identifies the that Weld County is authorized to permit and inspect all County construction without a need of using the Town of Ault's third -party inspection firm. Additionally, the IGA identifies the plant investment fees that are needed for construction of the new shed. The Facilities Department is recommending approval of this IGA If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2022-0670 Oil BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Ault Grader Shed IGA DEPARTMENT: Facilities PERSON REQUESTING: Toby Taylor DATE: 2-15-2022 Brief description of the problem/issue: The BOCC agreed to establish an IGA with the Town of Ault to close the access from County Road 33 at the future time of sale of the property, if done. And to allow Weld County to permit and inspect the construction. At the time of the works session, there was discussion that the plant investment and associated tap fees would also need to be paid to the Town for water and sewer services. Rather than a separate permit, the town has desired to include those fees into the IGA. Those fees are identified below: 3. Development Fees. The County shall pay the following development fees to the Town: • County shall dedicate one (1) unit of Northern Colorado Water Conservancy District (C - BT) water to the Town. • Tap fees: $5000.00 as a one-time fee, plus monthly usage thereafter. The County is subject to a surcharge or an additional water dedication requirement if water usage exceeds 1 AF annually. • Sewer: $5781.00 as a one-time fee, plus monthly usage thereafter. • Plant Investment Fee: $4750.00, as a one-time fee. Facilities is recommending moving forward with the changes of adding the plant investment fees since these items will be needed to construct a functional grader shed. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Accept the language in the IGA. 2. Reject the language in the IGA and pursue the fees through separate permitting process. Recommendation: Recommend accepting the language in the IGA since the Ault Town Board felt is was better to capture in one document. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session 4 Other/Comments: Karla Ford From: Sent: To: Subject: Attachments: Approve Sent from my iPhone Steve Moreno Tuesday, February 15, 2022 8:12 AM Karla Ford Re: Please Reply - Town of Ault IGA - Pass Around image001.jpg; Town of Ault IGA.doc On Feb 15, 2022, at 9:37 AM, Karla Ford <kford@weldgov.com> wrote: Please let me know if you approve recommendation. Thank you. Karla Ford Executive Assistant & Office Manager, 1150 O Street, P.O. Box 758, Greeley, :: 970.336-7204 :: kford ofweldgov.con **Please note my working hours are Board of Weld County Commissioners Colorado 80632 i :: www.weldgov.com :: Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return a -mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Toby Taylor <ttaylor@weldgov.com> Sent: Tuesday, February 15, 2022 7:24 AM To: Karla Ford <kford@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com> Subject: Town of Ault IGA - Pass Around Karla, Can you add this to the packet? Toby Taylor Director Weld County Facilities Department Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.400.2023 F: 970,304.6532 H INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AULT AND WELD COUNTY COLORADO REGARDING THE PROPERTY LOCATED AT 41150 TEAGAN AVENUE, AULT, COLORADO 80610 THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 10th day of February, 2022, by and between the Board of Weld County Commissioners, whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632, hereinafter referred to as "County," and the Town of Ault, whose address is 201 1St Street, P.O. Box 1098, Ault, CO 80610, hereinafter referred to as "Town". WHEREAS, by special warranty deed recorded July 28, 2021 at reception 4740044 in the records of the Weld County Clerk and Recorder's Office, County purchased a lot within the municipal limits of the Town, as follows: Lot 3, Highland Industrial Park Third Subdivision Final Plat, Town of Ault, County of Weld, State of Colorado, Also known as 41150 Tegan Avenue, Ault, CO 80610 (the "Property"), and WHEREAS, the Highland Industrial Park Third Subdivision Final Plat (the "Plat"), recorded December 20, 2018, at reception number 4455061, depicts a shared access from the Property directly onto Weld County Road (WCR) 33 (the "County Access Location"); the County Access Location is referred to and shown as "SHARED ACCESS EASEMENT" on the improvement location drawing which is attached as Exhibit "A," and WHEREAS, Town consents to County's continued use of the County Access Location to access the Property to and until such time as County conveys the Property to a third -person or entity. WHEREAS, in order to avoid needless expenditure of public funds by each entity, the Town and the County agree to waive building inspection fees for future construction and Weld County will permit and inspect its own construction activities located on County owned property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Continued Access by County. County shall be entitled to continued use the County Access Location until such time as County conveys the Property to a third -person or entity. In that event, access to the Property shall be made through Tegan Avenue, or such other access location as may be granted by the Town. 2. No Third -Party Beneficiary. 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 pia -(� ,7c entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 3. Development Fees. The County shall pay the following development fees to the Town: • County shall dedicate one (1) unit of Northern Colorado Water Conservancy District (C - BT) water to the Town. • Tap fees: S5000.00 as a one-time fee, plus monthly usage thereafter. The County is subject to a surcharge or an additional water dedication requirement if water usage exceeds 1 AF annually. • Sewer: $5781.00 as a one-time fee, plus monthly usage thereafter. • Plant Investment Fee: $4750.00, as a one-time fee. : 5t is 10th day of February, 2022. A [TLS TOWN OF AULT, COLORADO. 'Sharon Sitlivan. Town Clerk Rob Piotrowski, Mayor ATTESTWELD COUNTY, COLORADO. Weld County Clerk to the Board 2 Scott K. James, Chair, Board of Weld County Commissioners FEB 2 8 2022 o2D -,o 7o EXHIBIT "A" LEGAL DESCRIPTION (PROVIDED BY UNIFIED TITLE COMMITMENT NO. 22423UTG DATED JUNE 8, 2021CLIENT) 41150 TEGAN AVENUE LOT 3, HIGHLAND INDUSTRIAL PARK, THIRD SUBDIVISION FINAL PLAT, TOWN OF AULT, COUNTY OF WELD, STATE OF COLORADO. _�--1--- N 88°39'39" E 730.48' __ _ _ - -- - - ----- A'SHARED I ACCESS W �I IEASEMENT STEEL IWIN STORAGE II 2 W I' ENCROACHMENT OF TANK Q m wj : GRAVEL ACCESS ROAD ENCROACHMENT IIM i ( w U OF EDGE OF GRAVEL I Na TEGAN AVENUE z w wt 3.9' +/- II N� L=f8.38'I U •- _Z) i I X21 °03'49" R_50.p0' ( U >I ; ' 20' SHARED ACCESS ' L=75.45' I JI: EASEMENT NEIGHBORING A113°46'38" R=38.00' PI ; '-ENCROACHMENT OF GRAVEL ROAD CHAINLINK FENCE 10.1' (+1—) ` \ ',i • •—•—.—.�.—.—S Bai°2484+V—� •—•—•—•—•—• FIRE FOUND #5REBAR HYDRANT WITH YELLOW CAP HAMMER (TYPICAL) A 100 0 100 1 INCH = 20 FEET IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR UNIFIED TITLE. IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. THIS CERTIFICATE IS VALID ONLY FOR USE BY UNIFIED TITLE AND DESCRIBES THE PARCELS APPEARANCE ON JUNE 25, 2021. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL, ON THIS DATE, JUNE 25, 2021 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS IMPROVEMENT LOCATION CERTIFICATE WITHIN THREE YEARS AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS LOCATION CERTIFICATE BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFI TE SHOWN HEREON. e POO IICE'w ROBERT D. THOMAS P.L.S. 38353 DATE �- •••. S COLORADO LAND SURVEYOR? Ho?r ON BEHALF OF THOMAS LAND SURVEYNG, LLC : 38353 G PREPARED BY: THOMAS LAND SURVEYING, LLC 2619 WEST 11TH STREET ROAD, SUITE 24 �S'ONgL LPN GREELEY, COLORADO 80634 (970)304-0984 2106.047 WHEELER 41150 TEGAN AVE ILC New Contract Request Entity Information Entity Namer Entity ID - ❑ New Entity? AULT, TOWN OF 9 O0002?64 Contract Name* Contract ID INTERGOVERNMENTAL AGREEMENT NEW GRADER SHED SITE 5612 Contract Status Contract Lead * CTB REVIEW SGEESAMAN Contract Lead Email sgeesarnan@coeld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Type Department Requested 8OCC Agenda Due Date AGREEMENT BUILDINGS AND GROUNDS Date* 03/052022 0309/2022 Amount* Department Email $0.00 CM- Will a work session with 8OCC be required?* RuildingGrounds@weldgov.c NO Renewable om NO Does Contract require Purchasing Dept to be include Department Head Email NO Automatic Renewal C:M-BuildingGrounds- De pt Head Lel dgov, c ors Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL YES County Attorney Email CM- COUN1YA ORNEY3 LDG O\LCOM IGA line Date If this is a ren.ewal enter previous Contract ID If this is part of a MSA enter MSA 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 Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Date 0287/2022 Final Approval BOCC Approved C Signed Date BOCC Agenda Date 02/28/2022 Originator SGEESAMAN Review Date 02; 27 2023 Committed Delivery Date Renewal Date Expiration Date* 02i22?2023 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date Finance Approver CHRIS D`CViDiO Finance Approved Date 02/`2212022 Tyler Ref AG022822 Legal Counsel KARI N MCDOUGAL Legal Counsel Approved Date 02/222022 Hello