HomeMy WebLinkAbout20162855.tiffMike Freeman, Chair
Sean P. Conway, Pro-Te
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR
ROADWAY IMPROVEMENTS FOR COUNTY ROAD 16, BETWEEN U.S. HIGHWAY 85
AND THE RAILROAD TRACKS AND AUTHORIZE CHAIR TO SIGN - TOWN 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 County Road 16, between U.S. Highway 85 and the
Railroad Tracks 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 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 County Road 16, between U.S. Highway 85, and the Railroad Tracks, 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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of September, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d44), ei
Weld County Clerk to the Board
BY:
eeputy Clerk to the Boar
,P,_7OVE) AS T
ounty Attorney
Steve Moreno
Date of signature: \ O l 5/ LCD
GG ' Pud C M)
Ca. C88)
to( .E90/ (co
rbara Kirkmeyer
2016-2855
EG0073
INTERGOVERNMENTAL AGREEMENT
FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR
WELD COUNTY ROAD 16, BETWEEN U.S. HIGHWAY 85 AND THE
RAILROAD TRACKS
17/
HIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day
Y
of , 2016, by and between the City of Fort Lupton, Colorado, a municipal
co, orati n of the State of Colorado, whose address is 130 S. McKinley Avenue, Ft. Lupton, CO
80621, 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 16, from U.S.
Highway 85 heading east to the railroad tracks, hereinafter referred to as "WCR 16 FL," and
WHEREAS, Ft. Lupton wishes to make certain road improvements to WCR 16 FL as
described and detailed herein, hereinafter referred to as the "Project," and
WHEREAS, although Ft. Lupton has operational and maintenance jurisdiction of WCR 16
FL 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 storm drainage and pavement.
3. CONTRIBUTION BY WELD COUNTY: Weld County agrees to pay to Ft. Lupton the sum
of $100,000 as a contribution to Project. County shall pay $50,000 within 15 days of the
signing of this Agreement, and the remaining $50,000 within 15 days upon receipt by County
of certification of completion of Project by Ft. Lupton.
2016-2855
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:
Claud W. Hanes, City Administrator
130 S. McKinley Avenue
Ft. Lupton, CO 80621
Phone: 720-466-6103
WELD COUNTY:
Jay McDonald, Director, Public Works
P.O. Box 758, 1111 "O" Street
Greeley, CO 80632
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:
By:
TOWN OF FT. LUPTON, COLORADO
Na to Fornof, Town CIE , ;Tommy Hol n, Mayor
0 _
t;� •e n"e'" •_may
C •.�®w.o o"� �J
ATTEST: yAide,„' e i3 'o ®�'OARD OF COUNTY COMMISSIONERS
WELD COUNTY Clerk to the Boaraeaaaaouuoo4444'' WELD COUNTY, COLORADO
By:
(Deputy) Clhe Bo
ike Freeman, Chair
Page 3 of 3
Controller
RE: IGA FOR CONTRIBUTION TO ROADWAY IMPROVEMENTS FOR CR 16, BETWEEN
U.S. HIGHWAY 85 AND THE RAILROAD TRACKS - TOWN OF FORT LUPTON
ATTEST:
Weld
BY:
-/ i
Clerk to the
Deputy CI
APPROVED AS;O FUNDING:
APP OVED S TO FARM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
rr‘.44:
Mike Freeman, Chair
APPROVED AS
Electedicial or Department Head
SEP 12 2016
STANCE:
Director of General Services
020
Hello