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Home My WebLink About20171634.tiffRESOLUTION RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR CONSTRUCTION AND MAINTENANCE OF A RADIO TOWER AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT 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 Amendment to an Intergovernmental Agreement and a Quit Claim Deed for Construction and Maintenance of a Radio Tower between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications, and the Mountain View Fire Protection District, commencing upon the full execution of signatures, and ending March 21, 2025, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said Amended Intergovernmental Agreement and Quit Claim Deed, 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 Amendment to the Intergovernmental Agreement and the Quit Claim Deed for Construction and Maintenance of a Radio Tower between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications, and the Mountain View Fire Protection, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amended Intergovernmental Agreement and Quit Claim Deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dodo) Weld County Clerk to the Board BY Ol 6 . I ty Clerk to the Board oun y • ttorney Date of signature: 011'3/ / Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway ike Freeman L ara Kirkmeyer cc cmCm , Ca(' WS), o-cTc0c) 2017-1634 CM0025 QUIT CLAIM DEED THIS DEED is made this 24th day of May, 2017, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 O Street, P.O. Box 758, Greeley, Colorado 80632, of the first part, and to the Mountain View Fire Protection District, a special district of the State of Colorado, of the second part, whose address is 3561 N. Stagecoach Road, #200, Longmont, Colorado 80504. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and no/00's ($10.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described communications tower, situate, lying and being in the County of Boulder and State of Colorado, to wit: A communications tower on property owned by Left Hand Water District and leased to the said party of the first part, located at 6452 Somerset Drive, Niwot, Colorado, in the NE'/ SE'/ of Section 31, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, for a period of ten (10) years from the date of signature hereunder; whereupon at the end of said ten (10) year period, all the estate, right, title, interest and claim whatsoever, of the said party of the second part, either in law or equity of said communications tower shall revert to the said party of the first part. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Julie A. Cozad, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 24th day of May, 2017, have hereunto set my hand and affixed the seal of said County this 24th day of May, 2017, for the uses and purposes therein set forth. ATTEST: r.,1 L �Cko;t� CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY�Q.,rk (� puty Clerk to the Board STATE OF COLORADO ) County of Weld ) -1-411 The foregoing instrument was acknowledged before me this07Y- day of May, 2017, by Julie A. Cozad, as Chair of the Board of County Commissioners of the County of Weld. COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO Cozad, Chair MA 4 2011 Witness my hand and official seal thi My commission expires: /19/v2-O/Q. CHERYL LYNN HOFFMAN NOTARY PUBUC STATE OF GOp��QQ��,��pp NOTARY ID 2G 4$li'4do44 /G MY COMMISSION EXPIRES DEC. 19, 2018 Esther Gesick From: Mike Wallace Sent: Monday, May 22, 2017 4:42 PM To: Esther Gesick Subject: Amendment to Mountain View IGA Attachments: Mtn View Tower Amendment 5-22-17.pdf Esther, The attached amendment is for updating the current IGA with Mountain View Fire Dist. to accommodate final project costs, ownership of the tower to Mountain View for 10yrs, Automatic ownership reverts to Weld County after the 10 years and a clause stating the tower cannot be sub -leased. Address for the tower is 6450 Somerset Dr, Niwot, CO 80503 Let me know if you need anything further. Michael R Wallace, ENP,CMCP Weld County Director of Public Safety Communications 1551 N 17th Ave Suite2 Greeley, CO 80631 Office: 970-304-6455 Email: mrwallace( )weldaov.corn . Regional Communications 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 e-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. 1 2017-1634 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF A RADIO TOWER BETWEEN WELD COUNTY AND MOUNTAIN VIEW FIRE PROTECTION DISTRICT_ HIS AMENDMENT TO AGREEMENT is made and entered into this c2T -day of , 2017, by and between the COUNTY OF WELD, COLORADO, by and through the Veld County Board of Commissioners (hereinafter "Weld County" or "the County"), and Mountain View Fire Protection District (hereinafter "Fire District"). Collectively, Weld County and the Fire District may be referred to as "the Parties." RECITALS WHEREAS, on March 21, 2016, the parties entered into an agreement entitled, "Intergovernmental Agreement for Construction and Maintenance of a Radio Tower Between Weld County and Mountain View Fire Protection District," hereinafter referred to as, "the 2016 Tower Agreement;" and WHEREAS, the parties now desire to amend certain provisions of the 2016 Tower Agreement as set forth herein. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, Weld County and the Fire District hereby agree to amend the 2016 Tower Agreement, as follows: Substitute the following paragraph for all of paragraph 2 of the 2016 Tower Agreement: 2. Description of Tower Construction and Maintenance: Weld County will pay the upfront cost of constructing the tower, $991,143.81. In addition to the construction costs, the project also requires Pyramid Network Services costs in the sum of $40,629.13 and Land Title Guaranty Company costs of $875.00. Total project cost is $1,032,647.94. Both parties acknowledge that the Fire District has been awarded an Energy Impact Grant facilitated by the State of Colorado and the Department of Local Affairs in the sum of up to $591,000. The parties agree that the Fire District will apply for reimbursement of funds from the Department of Local Affairs, and all reimbursement funds shall be forwarded to Weld County. In addition, the Fire District has paid, prior to the date of this Agreement, the sums owed to Pyramid Network Services and Land Title Guaranty Company, in the sum of $41,504.13. Upon completion of the tower, and after applying all Energy Impact Grant funds received to the project, the Fire District shall pay one-half of the remaining cost to Weld County, less amounts paid to Pyramid and Land Title, being approximately $179,319.84 as shown on the attached cost overview, in equal installments over nine years, subject to the Fire District annually appropriating sufficient funding for such installments. Thus, assuming adequate funding has been annually appropriated, the Fire District agrees to make payments each year beginning on the execution of this agreement by both parties; with the final installment due in 2024. In the event the fire District desires to pay off the remaining balance due at any time prior to 2024, there will be no prepayment penalty assessed. The Fire District also agrees, subject to the addition of more users of 1 the tower, to pay to Weld County half of the annual maintenance cost for the tower, subject to the Fire District annually appropriating sufficient funding for such maintenance cost. The annual maintenance cost is $16,000.00. Thus, assuming adequate funding has been annually appropriated, the Fire District agrees to pay half of the annual maintenance. Should the maintenance cost increase, that increase and cost shall be split evenly among the parties. If in the future, additional districts, municipalities, or other organizations utilize the tower, each will be responsible for a proportional share of the maintenance fees. Weld County and the Fire District shall share any recovered costs equally. The County shall be responsible for the payment and maintenance of the lease of the land for the tower with Left Hand Water Company. The County shall transfer ownership of the tower to the Fire District for a period of ten (10) years, whereupon ownership shall then revert to County, as set forth in Paragraph 18, below, and County shall be responsible for all oversight and coordination of all construction and maintenance of said tower. Add the following paragraphs: 18. Transfer of Tower and Sublease of Property to Fire District: Weld County shall, upon the date of signatures hereunder, convey the tower by quit claim deed to the Fire District. Said quit claim deed shall include a reversion of the tower to Weld County after a period of ten (10) years from the date of signatures hereunder. 19. Continuity of Use: Prohibition of Sublease: After the transfer of ownership of the tower, as described in paragraph 18, above, both Weld County and Fire District shall continue to have use of the tower in the same manner as previously. The Parties agree that only they may place communication or other equipment on the tower. Fire District may not lease the tower to any third party during the term of its ownership. All other paragraphs of the 2016 Tower Agreement shall remain the same. 2 Signed this day of ATTEST: j G: •Je,Gto; ok Weld County Clerk to the Board By: Deputy C APPROVED AS TO FUNDING: '.-0406161.4642424, Controller APPROVED AS TO FORM: County Attorney (SEAL) , 2017. BARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Julie A. Cozad, Chair ( "MAY 24207! APPROVED AS TO`S'UBSTANCE: titcauzusd- WakeLe Elected Official or Department Head r of General Services MOUNTAIN VIEW FIRE PROTECTION DISTRICT Bo • . President Date: L ri11,1 47 3 7-- iZ,3,1 03603191 07/13/2017 02:55 PM RF: $0.00 DF: $0.00 Page: 1 of 1 Electronically recorded in Boulder County Colorado. Recorded as received. QUIT CLAIM DEED THIS DEED is made this 24th day of May, 2017. from the County of Weld. a political subdivision of the State of Colorado. by and through the Board of County Commissioners of the County of Weld, whose address is 1150 O Street. P.O. Box 758, Greeley, Colorado 80632. of the first part, and to the Mountain View Fire Protection District, a special district of the State of Colorado, of the second part, whose address is 3561 N. Stagecoach Road, #200. Longmont, Colorado 80504. WITNESSETH. that the said party of the first part, for and in consideration of the sum of Ten Dollars and no/00's ($10.00)• and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part. the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise. release, sell, convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described communications tower, situate, lying and being in the County of Boulder and State of Colorado, to wit: A communications tower on property owned by Left Hand Water District and leased to the said party of the first part, located at 6452 Somerset Drive, Niwot, Colorado, in the NE'/. SE'/. of Section 31. Township 2 North. Range 69 West of the 6th P.M.. Boulder County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estate, right. title, interest and claim whatsoever, of the said party of the first part. either in law or equity. to the only proper use, benefit and behoof of the said party of the second part. for a period of ten (10) years from the date of signature hereunder; whereupon at the end of said ten (10) year period, all the estate, right, title, interest and claim whatsoever, of the said party of the second part. either in law or equity of said communications tower shall revert to the said party of the first part. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF. I, Julie A. Cozad, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 24th day of May, 2017, have hereunto set my hand and affixed the seal of said County this 24th day of May, 2017. for the uses and purposes therein set forth. ATTEST: divtetiv JC4O•c.i CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY• puty Clerk to the Board STATE OF COLORADO ) County of Weld ''//TAT The foregoing instrument was acknowledged before me thisc,7`t day of May, 2017, by Julie A. Cozad, as Chair of the Board of County Commissioners of the County of Weld. Witness my hand and official seal thi day of / . A.D. 2 /7 COUNTY OF WEI.D. A POLITICAL SUBDIVISION OF TIIE STATE OF COLORADO ie A. Cozad, Chair / MAY44 2017 My commission expires: /9/c-IP/I( CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF C I.QRµ O NOTARY ID 20(4 MY COMMISSION EXPIRES DEC, 19. 2018 Boulder County Clerk & Recorder 1750 33rd Street, Suite 201 Boulder, Colorado 80301 (303) 413-7770 — Fax (303) 413-7775 http://www.bouldercounty.org/clerk Received From: BRUCE BARKER Transaction #: 4731427 Receipt#: 20669884 Collected Date: 07/13/2017 02:55:37 PM Paid By: Payment Comment: Fees for: $0.00 QUIT CLAIM DEED Document #: 03603191 Recorded: 07/13/2017 02:55:37 PM Total Charges: $0.00 Payments Received: RL 07/13/2017 02:55:40 PM RECORDED IN BOULDER COUNTY QUIT CLAIM DEED THIS DEED is made this 24th day of May, 2017, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632, of the first part, and to the Mountain View Fire Protection District, a special district of the State of Colorado, of the second part, whose address is 3561 N. Stagecoach Road, #200, Longmont, Colorado 80504. WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and no/00's ($10.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described communications tower, situate, lying and being in the County of Boulder and State of Colorado, to wit: A communications tower on property owned by Left Hand Water District and leased to the said party of the first part, located at 6452 Somerset Drive, Niwot, Colorado, in the NE'/4 SE'/4 of Section 31, Township 2 North, Range 69 West of the 6th P.M., Boulder County, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, for a period of ten (10) years from the date of signature hereunder; whereupon at the end of said ten (10) year period, all the estate, right, title, interest and claim whatsoever, of the said party of the second part, either in law or equity of said communications tower shall revert to the said party of the first part. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Julie A. Cozad, Chair of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 24th day of May, 2017, have hereunto set my hand and affixed the seal of said County this 24th day of May, 2017, for the uses and purposes therein set forth. ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS BY puty Clerk to the Board t861 STATE OF COLORADO ) County of Weld COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO ie A. Cozad, Chair MAID 4 2017 The foregoing instrument was acknowledged before me this, day of May, 2017, by Julie A. Cozad, as Chair of the Board of County Commissioners of the County of Weld. Witness my hand and official seal this day of My commission expires: , A.D.,c/7 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF C • ORpqv NOTARY ID 2•' x4£3044 /(''' MY COMMISSION EXPIRES DEC. 19, 2018 Hello