HomeMy WebLinkAbout20213091.tiff RESOLUTION
RE: APPROVE AMENDED AND REINSTATED INTERGOVERNMENTAL AGREEMENT
FOR THE POUDRE RIVER TRAIL CORRIDOR AND AUTHORIZE CHAIR TO SIGN—
VARIOUS ENTITIES
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 Amended and Reinstated
Intergovernmental Agreement for the Poudre River Trail Corridor among the County of Weld,
State of Colorado,by and through the Board of County Commissioners of Weld County,the
City of Greeley,Town of Windsor,and the Poudre River Trail Corridor,Inc.,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 Amended and Reinstated Intergovernmental Agreement for the
Poudre River Trail Corridor among the County of Weld,State of Colorado,by and through the
Board of County Commissioners of Weld County,City of Greeley,Town of Windsor,and the
Poudre River Trail Corridor,Inc.,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 3rd day of November,A.D.,2021.
BOARD OF COUNTY COMMISSIONERS
c� �,�,/ WELD
COUNTY,
COLORADO
ATTEST:d.��'�' G.iCLto:(,C, —�G �'-;-/21 ,'
Stev Moreno,Chair
Weld County Clerk to the Board
� S es,Pro-Te
BY:iL A. &/ L A.4 .i =
Deputy Clerk to the Board ,4��
,,jj` ry L.Buc
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A"=+1VED A. i i�� VI
.�' )'EXCUSED
I f 1 '1 ike Freeman
Coun ?torney 'kr� i`
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Date of signature: 11/15/9_—�r�,ra j'
Cc:CACSB),FY(cr/So) 2021-3091
07/31/23 BC0055
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Total Pages:11 Rec Fee:$63.00
Carly Koppes-Clerk and Recorder,Weld County,CO
Attachment A
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
REGARDING THE POUDRE RIVER TRAIL CORRIDOR
This Amended and Restated Intergovernmental Agreement Regarding the Poudre River Trail
Corridor("Amended and Restated Agreement")is made this 22nd day of November ,2021,
by and between the City of Greeley,Colorado by and through the Greeley City Council("City"),
the Town of Windsor,Colorado,by and through its Town Board("Town"),the County of Weld,
State of Colorado,by and though the Board of County Commissioners of the County of Weld,
("County"),and the Poudre River Trail Corridor,Inc.,a non-profit 501(c)(3)Colorado
corporation("Corridor Board").
WHEREAS,by Intergovernmental Agreement dated February 9,1994,and as amended on
October 14,1996,the City,Town,and County agreed to cooperate in order to develop a trail
corridor along the Cache la Poudre River for regional educational,cultural,and recreational use;
and
WHEREAS,the City,Town,and County adopted an Intergovernmental Agreement on
September 18,2006,that described the progress successfully undertaken to develop the trail
corridor,including the creation of the Poudre River Trail Corridor non-profit corporation;and,
WHEREAS,the Intergovernmental Agreement of September 18,2006,described the
collaborative relationship between the parties to the Agreement related to land transactions,
construction,installation of improvements and amenities from a variety of funding sources for
the development of the trail for its intended purpose;and,
WHEREAS,the Intergovernmental Agreement of September 18,2006,determined that the
cooperative management of the completed trail corridor would be most cost effectively
performed through the Corridor Board with financial and in-kind contributions provided in an
equal manner from the City,Town and County;and,
WHEREAS,both the Town and City now have open space programs within their respective
municipal organizations intended to enhance the development of the Cache la Poudre River
Corridor for educational,ecological,cultural and recreational purposes as a regional community
asset for northern Colorado;and
WHEREAS,the City,Town and County have determined it is timely to update,renew and
restate the interests and obligations of the Intergovernmental Agreement in order to reflect the
ongoing and evolving cooperative relationship between and among the parties.
NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,
City,Town and County restate conditions of the Intergovernmental Agreement and set forth
additional terms and agreements as follows:
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Section 1:Term.
This Amended and Restated Agreement shall be effective on its adoption and execution by the
designated representatives of City,Town,County and Corridor Board.This Amended and
Restated Agreement shall continue thereafter in perpetuity,unless sooner terminated or amended
by any party hereto,pursuant to the provisions set forth in Section 11 of this Amended and
Restated Agreement.
Section 2:Poudre River Trail Corridor Designation.
The parties collectively reaffirm the continued designation of the trail corridor along the Cache la
Poudre River in Weld County,Colorado,as the"Poudre River Trail Corridor"as it exists on the
date of this Amended and Restated Agreement,and as it may be extended east to the confluence
of the Cache la Poudre and South Platte Rivers.For the purposes of this Amended and Restated
Agreement,the Poudre River Trail Corridor is delineated generally as the boundary depicted in
the 2017 Comprehensive Cache la Poudre Greenway Guide.The parties find that it is in the best
interests of the health,safety,and welfare of their residents and the public to collaboratively
develop,maintain and improve the Poudre River Trail Corridor for educational,cultural,
recreational,alternative transportation,and conservation purposes and,by doing so,promote
improved air quality,ecological integrity,environmental awareness and positive community
image,identity and well-being.
Section 3:Trail Route and Land Acquisition.
A.City,Town,and County agree that,subject to appropriation and legal availability of funds,
they intend to acquire,individually and in cooperation with each other,upon consultation with
and the assistance of Corridor Board,the appropriate fee interests,rights-of-way,easements,
accesses,consistent with adopted Poudre River Trail Corridor plans and studies,for the
following purposes:
i.Routes of Poudre River Trail Corridor;
ii.Open land or natural areas proximate to the trail route that are complementary to the
conservation of the natural greenway corridor and trail experience;
iii.Land that may be donated outside the designated Poudre River Trail Corridor,but that
has a collateral benefit to the mission and purpose of the Poudre River Trail Corridor
(such as,but not limited to,land that could be sold or exchanged for cash to obtain
Poudre River Trail Corridor easements or,land that has a Conservation District benefit to
the Poudre River Trail Corridor).
B.The Corridor Board may accept grants,donations,gifts,devises,or other transfers of the
funds to be used to pay for land acquisition and maintained in a designated account.
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C.Unless otherwise specifically agreed in writing,each party to this Amended and Restated
Agreement shall be responsible for its own legal expenses incurred in the course of Poudre River
Trail Corridor acquisition of land or improvements thereto.
D.No party hereto shall be required by virtue of entering into this Amended and Restated
Agreement or otherwise,to fund any portion of the Poudre River Trail Corridor development
from general fund monies or from monies from any source.
Section 4:Capital Improvements to Acquired Portions of the Poudre River Trail Corridor.
A.Capital Costs Participation by City,Town and County.Unless otherwise agreed by all
parties to this Amended and Restated Agreement,City,Town,and County shall each be
responsible for capital costs associated with construction of improvements to those portions of
the Poudre River Trail Corridor lying within their respective jurisdictions.Nothing herein shall
be construed to prevent the parties from entering into alternative agreements for allocation of the
costs of such capital improvements and repairs upon mutual consent of the jurisdiction(s)and the
Corridor Board.
B.Capital Costs;Corridor Board's Participation.The Corridor Board may raise funds and
accept grants,bequests,donations,gifts,devises or other transfers of physical assets or funds
from third parties and from the Parties.All such funds may be used for the costs associated with
development and improvement of the Corridor consistent with the adopted budgets,studies,
plans and the mission of the Corridor Board as stated herein.Such funds may also be used for
routine maintenance and repair of the Poudre River Trail Corridor amenities in a manner
consistent with adopted studies and plans and mission of the corporation and as stated herein.
Improvements and amenities shall be installed in the Poudre River Trail Corridor by the Corridor
Board only upon the approval of the jurisdiction responsible for the land upon which the
improvement is proposed.Similarly,the parties will consult with Corridor Board before
installing any improvements in those portions of the Poudre River Corridor which have been
acquired by the parties for Corridor purposes.Such improvements could include,but not be
limited to bridges,benches,memorials,signage,fencing,picnic shelters,lighting,parking
facilities,boardwalks,bank stabilization,revegetation and public art.The jurisdiction in which
the land is located and which authorizes the improvements shall include such improvements
under its liability and property insurance coverage as provided by its jurisdictional authority.
Section 5:Poudre River Trail Corridor Maintenance and Repair.
City,Town,and County shall each be responsible for routine maintenance and routine repair of
the portions of the Poudre River Trail Corridor lying within their respective jurisdictions and
consistent with maintenance standards and procedures developed by the parties from time to time
("Maintenance Standards and Procedures"),and as maybe amended from time to time with the
consent of all parties to this Amended and Restated Agreement.The Corridor Board shall
coordinate special maintenance and repair projects performed with volunteers in consultation
with and upon approval of the managing jurisdiction and as agreed to by the parties to this
Amended and Restated Agreement and described in the Maintenance Standards and Procedures
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then in effect.The maintenance of the Poudre River Trail Corridor includes the following
understandings to the standards established in the Maintenance Agreement:
A.Town accepts responsibility for the labor,materials and costs associated with the routine
maintenance and routine repair of the Poudre River Trail Corridor from the Kodak Bridge to the
west terminus of the Poudre River Trail at the point where the Poudre River Tail meets the
eastern River Bluffs Open Space property boundary,where management of the trail transitions to
the jurisdiction of Larimer County Department of Natural Resources.Town will be responsible
for one-half of the labor,materials and costs associated routine maintenance and routine repairs
of the Kodak bridge.
B.City accepts responsibility for the labor,materials and costs associated with the maintenance
and repair of the Poudre River Trail Corridor from the Kodak Bridge east to Island Grove
Regional Park at its eastern terminus as of the date of this agreement at the Island Grove
trailhead,and as may be extended further east toward the confluence of the Poudre and South
Platte Rivers by agreement of the Corridor Board and the City.City will be responsible for one-
half of the labor,materials and costs associated with routine maintenance and routine repairs of
the Kodak Bridge.
C.In lieu of directly providing labor,equipment or other resources,County shall contribute an
amount equal to one-third of the total annual costs associated with the routine maintenance and
routine repair of the trail corridor within the Greeley management area.City will manage the
funds so contributed on behalf of County.City's services in this regard will be arranged through
a separate agreement with County.
D.Corridor Board,in coordination and with the approval of the managing jurisdiction,shall
oversee specialized trail maintenance and repair performed by volunteers,as well as contracting
for special services as may be needed from time to time to accommodate special events and to
achieve the objectives of the Maintenance Agreement then in effect.
Section 6:Law Enforcement.
The law enforcement agencies of City,Town,and County shall be responsible for enforcement
of laws on those portions of the Poudre River Trail Corridor which lie within their respective
jurisdictions.To the extent possible,the law enforcement agencies from each jurisdiction shall
coordinate such law enforcement support.Staff from each jurisdiction will make reasonable
attempts to coordinate the development of regulations to provide consistent expectations for
users of the Poudre River Trail Corridor throughout the region.
Section 7:Corridor Board.
The Corridor Board,as established by previous Intergovernmental Agreement,shall continue to
promote and advocate for the Poudre River Trail Corridor through events,education,
communication,volunteer support,and outreach,in consultation with the City,Town and
County.Corridor Board will also continue to advise,consult,collaborate and participate with
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City,Town and County relative to Poudre River Trail Corridor route establishment,land
acquisition,amenities,budgets,maintenance and repair,capital projects and other associated
requirements of die Poudre River Trail Corridor and as outlined within this Amended and
Restated Agreement.Appointments to the Corridor Board to replace members whose terms have
expired or in some other fashion have vacated their board position shall hereafter be made as
follows:
A.The Board shall be comprised of nine members with three members designated to represent
the elected bodies of each jurisdiction.The remaining six members will be selected from each of
the jurisdiction's general population,with two selected from each jurisdiction's area of
representation.
B.Upon notification of a board vacancy,City,Town and County will first be invited to nominate
a community member replacement from its constituent area and submit such names to the
Corridor Board for final selection.Such candidates should be those persons who possess
attributes that best serve the greatest need by the Board to benefit and accomplish the objectives
of the Poudre River Trail Corridor.
In the event that no names are forwarded to the Board within a reasonable period or the board
candidates are not selected by the Corridor Board for service,the Corridor Board may recruit
additional community members representative of the jurisdiction within which a board vacancy
has occurred for consideration as replacement board members.The names of those board
candidates will be forwarded to the jurisdiction for which the vacancy exists.The jurisdiction
shall be provided reasonable time to provide comment to the Corridor Board about the
prospective board candidates.Following this comment period,the Corridor Board shall select
final members for board appointment.
C.All Board members shall serve a three-year term,except when representing the elected body
of a jurisdiction or filling a position of a member whose term was partially completed.In such
cases,the new board member shall complete the remainder of the vacating board member's term.
D.By June 1 of each calendar year,the Corridor Board shall issue an Annual Report
summarizing the prior year's accomplishments,initiatives,major plans for the approaching year
and a statement of fmancial condition(balance sheet,revenues and expenditures).The Annual
Report shall be presented to the member jurisdictions upon approval by the Corridor Board.
E.The current members of the Corridor Board shall serve their respective terms as already
established and in force.
Section 8:Poudre River Trail Corridor Collaboration.
City,Town and County have determined the promotion of the development and use of the
Poudre River Trail Corridor is most effectively performed through cooperative means as follows:
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A.Administration.In addition to any contributions otherwise required by this Amended and
Restated Agreement,City,Town and County shall jointly be responsible to fund the
administrative operation of the Poudre River Trail Corridor Board on a pro-rata basis.The
Corridor Board shall prepare and submit a proposed annual budget for the administration of the
Poudre River Trail Corridor non-profit organization,the funding for which shall be provided pro-
rata by the three governmental entities.In-kind or other contributions to the administration of the
Poudre Trail Corridor administration by City,Town or County may be credited against the pro-
rata share of that entity's financial contributions to the Corridor Board budget.Such in-kind
contributions include,but are not limited to,office space,professional services,utilities,mileage,
payroll administration,insurance,phone or computer equipment and other customary
administrative expenses.
B.Capital and Special Projects.Corridor Board may,in consultation with City,Town and
County staff,suggest capital budget appropriations for adoption by each governmental entity for
repair and improvement to the Poudre River Trail Corridor that lie in their respective
jurisdiction,including multi-year projects and the requisite funding required.Such improvements
are those deemed necessary or desirable to maintain the integrity,safety and ecological health of
the Poudre River Trail Corridor and that exceed routine repairs within the Trail Corridor
individually assumed by the parties in accordance with Section 5 above.Special Projects are
those capital or planning activities that are consistent with the mission and goals of the Poudre
River Trail Corridor that will enhance the function,access,connectivity,safety and/or appeal of
corridor and are consistent with the applicable jurisdiction's adopted plans and studies for the
corridor.
C.Annual Capital Projects Budget,Contributions,Reconciliation.In conjunction with the
Corridor Board's annual budget process,the parties will develop a Corridor Board capital budget
that captures anticipated capital expenses that are agreed by all parties to be outside of routine
maintenance and routine repairs within the Trail Corridor individually assumed by the parties in
accordance with Section 5 above.So long as agreed to by the parties,each party to this Amended
and Restated Agreement shall contribute a pro-rata share of the projected capital expenditures
identified in the Corridor Board's budget for the upcoming fiscal year.The parties will address
any excess contributions or excess expenses in conjunction with the Corridor Board's next-
following annual budget process.Nothing herein shall prevent each of the parties from budgeting
on its own for capital improvements within the Corridor.
C.All fiscal obligations of the parties shall be subject to appropriation and legal availability of
funds.No party hereto shall be compelled to fund any portion of the Corridor Board budget
requests from general fund monies or from monies from any source.
D.Nothing in this Amended and Restated Agreement limits the ability of the Corridor Board to
independently solicit,accept,hold,control and expend funds to undertake activities and
improvements within the Poudre River Trail Corridor consistent with the mission of the Corridor
Board and approved plans and studies related to the Poudre River Trail Corridor,subject to the
respective roles and responsibilities of the parties as defined in this Amended and Restated
Agreement.
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Section 9:Entire Agreement.
This Amended and Restated Agreement contains the complete and entire understandings
between and among the parties and supersedes any prior oral or written agreements concerning
the Poudre River Trail Corridor,including but not limited to the parties'Intergovernmental
Agreement dated February 9,1994;as amended October 14,1996;and as amended September
18,2006,but excepting those separate agreements referred to herein to be completed and
executed at later dates or as separate considerations.
Section 10:Modifications and Amendments.
This Amended and Restated Agreement may not be modified,discharged,or changed in any
respect whatsoever,except by further agreement in writing duly executed by the parties hereto.
Section 11:Termination.
This Amended and Restated Agreement may be terminated by any party hereto with no less than
90 days'written notice to all other parties.In the event of such termination,those portions of the
Poudre River Trail Corridor,including improvements,artwork and signs on such portions
located within the City,Town or County shall remain under the ownership and control of the
respective jurisdiction within whose corporate limits they are located.Upon Termination of this
Agreement,all Corridor Board appointments shall be made by the Corridor Board and Section 7
shall no longer be applicable.Nothing herein shall preclude the parties,and each of them,from
entering into future agreements to promote the purposes described herein.
Section 12:Third Party Liability,Governmental Immunity.
Each governmental entity who is a party to this Amended and Restated Agreement shall be
responsible for claims brought by third parties occurring on those portions of the Trail lying
within their respective jurisdictions without recourse or reimbursement from any other party.
Each governmental entity who is a party to this Amended and Restated Agreement shall not be
deemed to have waived privileges and immunities available to governmental entities under
Colorado law.
Signed and approved on the date first appearing above.
[Remainder of this page intentionally left blank--signatures to follow]
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CITY OF GREELEY,COLORADO 0y41111 y
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City Clerk
APPROV uTarlb,EGAL FORM:
By: 1 C017C0062161/,...
City Attorney
APPROV a$�JBSTANCE:
bwa C.I,u-Hi(
By:
6bOr�i0o-440,4JC_
City Manager
APPROV d A,VAILABILTY OF FUNDS:
By: 3a6 6;0r
Finance Director
Page 8 of 11
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TOWN OF W ND S R,COLORADO ATTEST:
By: i ' By: (Jj' C'Al
Pau f' eyer, ayor Karen Frawley,Town Clerk
APPRO jFORM.
-Ian.. c a..r; own Attorney /t+•
Page 9 of 10
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COUNTY OF WELD,STATE OF COLORADO BY AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF WELD
By:
Chair,Steve Moreno NOV 0 3 2021
ATTEST: ��
Weld o/� td'E oar !
BY ./ . lt°
eputy erk to thilard 1361 ;ik,•
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POUDRE RIVER TRAIL CORRIDOR,INC.
By: rT /
Chair 7
Page 11 of 11
TOWN OF WINDSOR
RESOLUTION NO.2021—74
A RESOLUTION APPROVING AND ADOPTING THE AMENDED AND
RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING THE POUDRE
RIVER TRAIL CORRIDOR
WHEREAS,the Town of Windsor("Town")is a Colorado home rule municipality with
all powers and authority vested by Colorado law;and
WHEREAS,the Town has a long history of cooperative relations with its municipal and
county neighbors,including the creation of the Poudre River Trail Corridor Authority
("Authority")through an intergovernmental agreement with Weld County and the City of
Greeley(collectively,"Member Entities");and
WHEREAS,the Authority has performed its functions as conceived,and has provided an
organizational structure for the Member Entities to make improvements and maintain the
Poudre River Trail;and
WHEREAS,the Authority Board has consulted with the Member Entities,and as a result
the Authority and the Member Entities have negotiated the attached Amended and
Restated Intergovernmental Agreement Regarding the Poudre River Trail Corridor
("Amended IGA");and
WHEREAS,the Amended IGA updates the relationship between the Authority and its
Member Entities in a way that assures the continued vision for the Trail corridor as a
recreational,cultural and educational asset for all communities within the corridor;and
WHEREAS,Title 29,Article 1 of the Colorado Revised Statutes encourages and permits
local governments to cooperate in the provision of any function,service,or facility
lawfully authorized to each of the cooperating entities,including the sharing of costs,the
imposition of taxes,or the incurring of debt,so long as such cooperation is authorized by
each party thereto with the approval of its governing body;and
WHEREAS,the Town Board concludes that approval of the IGA promotes and public
health,safety and welfare.
NOW,THEREFORE,be it resolved by the Town Board for the Town of Windsor,
Colorado,as follows:
1. The attached Amended and Restated Intergovernmental Agreement Regarding
the Poudre River Trail Corridor,is hereby approved and adopted.
2. The Mayor is hereby authorized to execute the attached Amended IGA on
behalf of the Town.
3. The Town Attorney is authorized to make such modifications to the form of
the attached Intergovernmental Agreement to protect the Town's interests and
as may otherwise be necessary to carry out the intent of this Resolution.
Upon motion duly made,seconded and carried,the foregoing Resolution was adopted
this 22°d day of November,2021.
TOWN OF S ,COLORADO
By
Pau e e yer,Mayor
ATTEST:
t(itA- 1/1.
aren Frawley,Town Clerk 7otclirldso
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