HomeMy WebLinkAbout20212817.tiffRESOLUTION
RE: APPROVE FUNDS DEPOSIT AGREEMENT AND COST AGREEMENT FOR AULT
GRADER SHED, 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 a Funds Deposit Agreement and a Cost
Agreement for the Ault Grader Shed 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, with further terms and conditions being as stated in said
agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Funds Deposit Agreement and the Cost Agreement for the Ault
Grader Shed 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, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,/f,,,,) < .diz;,k,
Weld County Clerk to the Board
Steve
reno, Chair
es, Pro
,
County A ttorney
Date of signature: 10//4 /2(
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lo/ici a(
2021-2817
BG0023
Co r}-v0,c+I 527 z
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
September 29, 2021
To: Board of County Commissioners
From: Toby Taylor
Subject: Cost Agreement — Town of Ault for Grader Shed
Weld County desires to construct a new grader shed in the Ault town limits. As such, an application with
fees needs to be made to the Town of Ault. Attached is this application agreement which identifies the
fees of $5,000.00. Facilities is recommending approval of this agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
c.c. : 6C2 O n33 Se.
to/05/.91
2021-2817
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FUNDS DEPOSIT AGREEMENT
A. The undersigned, (,02 ed,t and ("Landowner") and the Town of Ault
("Ault") hereby deposit with Ault the followin hich is to be held and disbursed by Ault
subject to the terns and conditions hereof:
Check written upon the Account of Landowner in the amount of $5,000.00, payable to
"Town of Ault," and such additional funds as may be deposited subsequently (all such funds are
referred to herein as the "deposited funds").
B. The deposited funds shall be subject to the following instructions:
1. Ault shall place the deposited funds a checking account in its bank subject
to the terms and requirements of these instructions.
2. Ault shall disburse monies from the deposited funds in payment of Town
costs and bills received from consultants.
3. Any amounts remaining in the deposited funds following completion or
termination of the work shall be returned to Landowner, and all parties
shall be relieved from any further liability with regarding to this
Agreement.
4. This Agreement may be altered, amended, modified, or revoked only in
writing signed by all parties hereto. The Town agrees to hold the
deposited funds described above under the specific terms and conditions
of this Agreement.
5. This Agreement shall bind and inure to the benefit of the parties hereto,
their heirs, personal representatives, successors, and assigns.
6. This Agreement shall be construed and enforced in accordance with the
laws of the State of Colorado.
poQI-aail —i
WHEREFORE„ this Funds Deposit Agreement is executed effective this 1 day of
bee ,2091 .
Os 1.a,
. VETTET‘O:7
C0L01O..
Sulli . Town Clerk
LANDOWNER: Weld County, Colorado
TOWN OF AULT, COLORADO, a
municipal corporation
By: _
Mayor Rob 0iotrowski.
By: __ICA-ePtcri-e-leuvrOCT 0 4 2021
Steve Moreno
Title: Chair, Board of County Commissioners
Acknowledgment
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The above and foregoing signature if &ban Rtvzsvai , on behalf of
- , -ri„,„ a AA+, Cp b r a , was subscribed under oath before me this
P~ day of C) beer , 2024 .
W.,.imoc my hand and official seal.
MATTHEW ALAN PRYTHERO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214019065
MY COMMISSION EXPIRES MAY 19, 2025
My commission expires:
_1.4 Tct 2.025
rte" obf 1 -a $ i ? - 1
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The above and foregoing signature of SkV G rnbrenr) , on behalf of
MU I el CDatn COMM i 3 i Ott. i- s , was subscribed under oath before me this
4T day of , 20.3..j_.
Witness my band and official seal.
JANET M WARWICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974002388
NY COMMISSION EXPIRES MARCH 102022
, wnuuusniun cxpires: b'3 V SO IZD ZZ
Notary Public
COST AGREEMENT
THIS AGREEMENT is made by and between 1.� 41J (,_ ("Landowner") and
the TOWN OF AULT, COLORADO, a Colorado municipal corporatio ("Ault").
RECITALS:
A. Landowner and Ault have been discussing Landowner's request concerning the
(check as applicable) (,_annexation) (,_,_subdivision) c_zoning) (_rezoning)
( renal development plan) of certain property owned by Landowner ("the Property").
B. The parties recognize that Landowner's request will place an extraordinary
burden on the resources of Ault and that this Agreement will facilitate Ault's ability to evaluate
and process Landowner's request in a timely fashion, and accordingly, the parties recognize that
this Agreement will be mutually beneficial.
C. The parties desire to provide for a method by which Landowner will help offset
the burden placed on the resources of Ault by Landowner's request.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein for other good and valuable consideration, the parties do hereby stipulate and
agree as follows:
1. Consultant and Other Costs. Ault has retained, or will retain, the services of
certain consultants to assist it in evaluating the Landowner's request and to assist it in
negotiation, reviews, consultation, and advice. Ault also will incur certain other related costs
including, but not limited to, Board meeting costs, legal publication costs, and administrative
costs.
2. Funds Deposit. Landowner agrees to deposit with the Town the sum of
$5,000.00 to be used to pay the costs provided for in paragraph i above as they become due, in
accordance with the Funds Deposit Agreement attached hereto and incorporated herein as
Exhibit B. If the deposit is depleted prior to the completion of the review, Landowner shall
promptly deposit additional monies with the Town in a mutually agreeable amount. The parties
understand and agree that if such additional monies are not deposited, suspension or termination
of work on the request may result until such time as the additional monies are deposited.
Additionally, if a negative balance exists at any time and additional funds are not deposited
within fifteen (15) days after written notice from the Town, then a five percent (5%) penalty
shall be added to such balance and such balance shall bear interest at the rate of one and one-half
percent (11/2%) per month. If, at any time. negotiations on the request terminate, then any monies
deposited by Landowner and remaining after payment of the costs incurred by Ault shall be
refiutded to Landowner.
3. Na Acquired Rights. Landowner agrees that It does not acquire any rights by
virtue of the negotiations or work on the matters contemplated herein until and unless the Town
grants any and all approvals required by law. Any and all negotiations and work concerning
Landowner's request concerning the Property shall be final only upon approval by the
appropriate actions of the Town Board of Ault and other governmental entities having
jurisdiction, upon the completion of appropriate actions of Landowner and upon expiration of
any applicable time periods required for finality under law.
4. Miscellaneous.
a. In the event of any litigation arising from this Agreement, the prevailing
party shall be entitled to its reasonable attorney's fees and court costs.
b. This Agreement supersedes all prior negotiations between the parties
concerning matters addressed herein.
c. This Agreement shall not be modified except in writing executed by each
of the parties.
d. Each person executing this Agreement represents and warrants that lie or
she has been duly authorized by the party which he or she purports to
represent to execute this Agreetent and has authority to bind said party to
the terms and conditions of this Agreement.
ement is executed effective this `''1'day of 0Crfo ber , 20 91 .
TOWN OF AULT, COLORADO
aron Sullivan, Town Clerk
LANDOWNER: Weld County, Colorado
By:
Steve Moreno
Title:Chair, Board of County Commissioners
/2-4-0"---2-1-or OCT o a 2021
SOQI-9S'i —
Acknowledgment
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The above and foregoing signature of , on behalf of
, was subscribed under oath before me this
day of . 20
Witness my hand and official seal.
Notary Public
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
uJ t .,tic' ie above foregoing signature of STCVC.. en() , on behalf of
�l S5i ane.i5 . was subscribed under oath before me this
day of , 20 Zi
WI Pita my "and a otv+f'iri-l.ee^l
JANET M WARWICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974002388
MY COMMISSION EXPIRES MARCH' 0, 20
My commission expires:
Notary Public
ZZ
Contract Form
New Contract Request
Entity Information
Entity Name*
AULT, TOWN OF
Contract Name*
FUND DEPOSIT AGREEMENT
Contract Status
CTB REVIEW
Entity ID*
wO0002364
❑ New Entity?
Contract ID
5272
Contract Lead*
SG E ESAMAN
Contract Lead Email
sgeesamanOco.weld.co.us
Contract Description*
FUND DEPOSIT AGREEMENT BETWEEN WELD COUNTY & THE TOWN OF AULT,
Contract Desorption 2
Contract Type*
AGREEMENT
Amount*
S 5,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND GROUNDS Date* 09; 25;'2021
09 29!2021
Department Email
CM-
BuildingGrounds@weldgov.c
om
Department Head Email
CM-BuildingGrounds-
DeptHeadWweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYPWELDG
OV.COM
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal 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
On Base
Contract Dates
Effective Date Review Date* Renewal Date
12 31'2021
Termination Notice Period
Committed Delivery Date
Expiration Date*
12;'31;2021
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
09'29 2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10,104. 2021
Originator
SGEESAMAN
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
09,2912021 09:'29,2021
Tyler Ref #
AG 100421
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