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Home My WebLink About20173107RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CLOSURE OF UNION PACIFIC RAILROAD CROSSING ON COUNTY ROAD 72, EAST OF U.S. HIGHWAY 85, INCLUDING ROADWAY IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN -TOWN OF EATON 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 Closure of UPPR Crossing on County Road 72, east of U.S. Highway 85, including Roadway Improvements 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 Works, and the Town of Eaton, commencing upon full execution, 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 Closure of UPPR Crossing on County Road 72, east of U.S. Highway 85, including Roadway Improvements 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 Works, and the Town of Eaton 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 6th day of September, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COJJNTY, COLORADO ATTEST:CCCt J v• jC • Weld County Clerk to the Board BY: 0 puty Clerk to the Board APPRO .I AS TO Fount ttorney Date of signature: °O a`1 Co ( _,og Julie A. Cozad, Chair (� Steve Moreno, Pro- m Sean P. Conway ke Freeman XCUSED C arbara Kirkmeyer cc, :PwCSR) Eo.+on cu aColl7 2017-3107 EG0074 INTERGOVERNMENTAL AGREEMENT FOR CLOSURE OF UPRR CROSSING ON WCR 72, EAST OF U.S. HIGHWAY 85, INCLUDING ROADWAY IMPROVEMENTS THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this G+h day of S + . , 2017, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado whose address is P.O. Box 758, 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County," and the Town of Eaton, a municipal corporation of the State of Colorado, with address of 223 First Street, Eaton, CO 80615, hereinafter referred to as "Eaton." WITNESSETH: WHEREAS, Eaton has asked Weld County to close the Union Pacific Railroad ("UPRR") crossing on Weld County Road ("WCR") 72, immediately east of U.S. Highway 85 ("Crossing"), based on UPRR and/or Omaha Track, Inc.'s desire to extend the railroad tracks south for expansion of their facilities and services; and WHEREAS, Eaton supports the closure of the Crossing and desires that, upon closure, the developer make corresponding road improvements to WCR 72, extending from the UPRR tracks east to WCR 39; and WHEREAS, Eaton and Weld County desire to make road improvements on WCR 39 between WCR 72 and WCR 74; and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of coordinating their efforts regarding such closure and road improvements; and WHEREAS, both parties to this Agreement are authorized to enter into this Agreement 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, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from the date first written above to and until such time as the project described herein shall be completed. 2. CLOSURE OF UPRR CROSSING ON WCR 72: Upon execution of this Agreement, the Weld County Department of Public Works shall petition the Board of County Commissioners for the vacation of the right-of-way for WCR 72, extending from the travelled portion of U.S. Highway 85 eastward to the eastern boundary of the UPRR right-of- way. Weld County shall also at that time petition the UPRR (and the Colorado Public Utilities Commission, if necessary) for the closure of the Crossing. If the Board of County Commissioners agrees to the vacation and UPRR agrees to the closing of the Crossing, Weld 2017-3107 Page 1 of 3 CGoo1 L1 County shall then ask the Colorado Depaitiuent of Transportation ("CDOT") to close the approach on WCR 72 to the Crossing from the travelled portion of U.S. Highway 85. Eaton and Weld County will jointly ask CDOT and UPRR to reassign the money that would have been used for crossing arms on WCR 72 to be used for the installation of crossing arms at the UPRR crossing on 5`' Street in Eaton. 3. ROAD IMPROVEMENTS TO WCR'S 72 AND 39: Subsequent to final approval of the closure of the Crossing, Eaton shall seek funds from CDOT and from the developer of property at or near the intersection of WCR's 39 and 72, to use as a "match" to gain an Energy and Mineral Impact Grant ("Grant") from the State of Colorado for the road improvements to WCR's 39 and 72. Eaton shall sponsor the grant request. The money contributed by the developer shall equal the amount of funds it would have paid for the improvement of the intersection of WCR's 39 and 72. Funds received from CDOT for the purpose of making improvements to WCR 39 as a result of the closure of the access at U.S. Highway 85 will also be used as part of the "match." The award of the Grant, if at all, is not a condition of the agreement to pursue closure of the Crossing nor is it a condition of the obligations set forth in Paragraph 2. 4. NO ANNEXATION PETITION SUBMITTED BY WELD COUNTY: Weld County will not at the present time petition Eaton for the annexation of WCR's 39 and 72; however, the parties shall discuss such possible annexation in the future at such time as it is determined to be in the best interests of both parties. 5. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors ands assigns of said parties. 6. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: 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 the Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 7. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 8. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire Intergovernmental Agreement and understanding between the parties to this Intergovernmental Agreement and supersedes any other Intergovernmental Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Intergovernmental Agreement Page 2 of 3 shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 9. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: EATON: Gary Carsten, Town Manager 223 First Street Eaton, CO 80615 Phone: 970-454-3338 WELD COUNTY: Board of County Commissioners of Weld County P.O. Box 758 1111 -O" Street Greeley, CO 80632 Phone: 970-400-4200 10. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove writte ATTEST: By: 04// 1-) Chris Bagley, ATTEST: G/4/1J WELD COUNTY Clerk to the Board B eputy) Clerk to the Board OF EATON, COLORADO evin Ross, Mayor BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Page 3 of 3 Alu lie A. Cozad, Chair aO 11 - 3 16'1 C ') S C9 ©07 9i Hello