The URL can be used to link to this page

Browse Search

Home My WebLink About20160214.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR COUNTY ROAD 14.5 (14TH STREET) BETWEEN DENVER AVENUE AND U.S. HIGHWAY 85, AND AUTHORIZE CHAIR TO SIGN -CITY OF FORT LUPTON 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 Contribution for Roadway Improvements for CR 14.5 (14th Street) between Denver Avenue and U.S. Highway 85, 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 City of Fort Lupton, commencing upon full execution of signatures, and ending, with 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 Contribution for Roadway Improvements for CR 14.5 (14th Street) between Denver Avenue and U.S. Highway 85, 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 City of Fort Lupton be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2016-0214 CC 7l,,) °I/P_a_ EG0073 RE: INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR CR 14.5 (14TH STREET) BETWEEN DENVER AVENUE AND U.S. HIGHWAY 85 - CITY OF FORT LUPTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deadot, ,,�,/►. .�C.G[o;ti Mike Freeman, Chair Weld County Clerk to the Board Sean P. Conway, Pr • • ' • BY: D •8 ty Clerk to the Boa ;1�,� 1E LA, rbara Kirkmeye APP' v D ' . '�� OR 361 ( f*-1. / 1 . lie A. Cozad Coun Attorney ;7 7 So tl 7X-j ,2/_ — "a Steve Moreno Date of signature: i 5 2016-0214 EG0073 INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR WELD COUNTY ROAD 14.5 (14TH STREET), BETWEEN DENVER AVENUE AND U.S. HIGHWAY 85 THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this �1 day o , 2016, by and between the City of Fort Lupton, Colorado, a municipal core ation of a State of Colorado, whose address is 130 S. McKinley Avenue, Ft. Lupton, CO 806 , hereinafter referred to as "FT. LUPTON"and 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." WITNESSETH: WHEREAS, FT. LUPTON has operational and maintenance jurisdiction of WCR 14.5 (14th Street), from Denver Avenue thence heading west to U.S. Highway 85, hereinafter referred to as "WCR 14.5 FT. LUPTON,"and WHEREAS, FT. LUPTON wishes to make certain road improvements to WCR 14.5 FT. LUPTON as described and detailed herein, hereinafter referred to as the "PROJECT,"and WHEREAS,although FT.LUPTON has operational and maintenance jurisdiction of WCR 14.5 FT.LUPTON and intends to construct the PROJECT,Ft.Lupton desires to request contribution from WELD COUNTY to pay a portion of the costs of said construction, and WELD COUNTY agrees to said payment, because of the benefit of such PROJECT to transportation in the area, and WHEREAS, both parties to this Agreement are authorized to enter into said 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. DESCRIPTION OF IMPROVEMENTS: Generally, the PROJECT'S improvements shall consist of water, sewer, storm drainage, and pavement. 3. CONTRIBUTION BY WELD COUNTY: WELD COUNTY agrees to pay to FT. LUPTON the sum of$150,000 as a contribution to PROJECT. 2016-0214 Page 1 of 3 4. 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. 5. 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. 6. 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. 7. 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 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. 8. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: FT. LUPTON: WELD COUNTY: Claud W. Hanes, City Administrator Jay McDonald,Director,Public Works 130 S. McKinley Avenue P.O. Box 758, 1111 "O" Street Ft. Lupton, CO 80621 Greeley, CO 80632 Phone: 720-466-6103 Phone: 970-304-6496 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. Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: �,,to:;, ?h,A TOWN OF FT. LUPTON, COLORADO ao By: v By: (Cs ^'" Nanette Forno , To`v Jerk Tommy Ho on, Mayor << s <,., <. .-0 � ,� a ‘4 ATTEST: W BOARD OF COUNTY COMMISSIONERS WELD COyilvflov erk to the oard WELD COUNTY, COLORADO LZ By: �i '� .:� '— .�� Tiv►'` - �� litt.422..gisii_...-- ' � (Deputy) Cl k to the Bo. �� I '•'''�. ' ike Freeman, Chair 1t61 , _ �� JAN 1 8 2016 Page 3 of 3 RE: INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROAD WAY IMPROVEMENT TO CR 14.5 (14TH STREET) -TOWN OF FORT LUPTON d4dATTEST: BOARD OF COUNTY COMMISSIONERS Weld C•. 't/Clerk to the B•a��, „,„„w WELD COUNTY, COLORADO _01‘4J)2CILLe---- BY: /i r..a - ib :' l_ '•4N, Deputy CIi k to the te- ,flif�l,�, Mike Freeman, Chair 'JAN 1 8 2016r i e;:,1 -APPROVED AS TO FUN` , / APPROVED AS • S =STANCE: !" .i...! f v _ 1di# -_'%....1•' Controller f . Ele ed ' ial or Department Head APPROVED AS TO FORM: —NIA / Director of General Services unty Att Coorne Hello