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HomeMy WebLinkAbout20142140.tiff RESOLUTION RE: APPROVE AMENDMENT ONE TO INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT PROJECTS AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY FEDERAL MINERAL LEASE ACT 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 Amendment One to Intergovernmental Agreement for the Payment of Federal Mineral Lease Funds for Various Road Improvement Projects between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Weld County Federal Mineral Lease Act District, commencing upon full execution, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment One to Intergovernmental Agreement for the Payment of Federal Mineral Lease Funds for Various Road Improvement Projects between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Weld County Federal Mineral Lease Act District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chair is authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of July, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dattiovCd , . /� K; L �`Qs4'b� G �C.L ouglas ademach r, Chair Weld County Clerk to the Bo o 7 "IL, w a,t�' .rbara Kirkmeyer Pro-Tel-1r BY: I 1 II :.! I" �•p`� I S Deg ut�, Clerk tote =�=rd�,� !U�� .vT r Sean P. Conway AP• • S DAST� •'#:M%� ~' Mike Freem �Li�hJ Attorney l/ /,, /�� William F. Garcia Date of signature: CC-: t/Du1) Federal at:r ral 2014-2140 Lemv Qck b eW th SD0136 7-25. 2Did AMENDMENT ONE TO INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS THIS AMENDMENT ONE TO THE INTERGOVERNMENTAL AGREEMENT dated January 13, 2014, for the Payment of Federal Mineral Lease Funds (the "IGA"), dated as of July 7, 2014, is between the Weld County Federal Mineral Lease Act District (the "District"), acting by and through its board of directors (the "District Board"), and the County of Weld, State of Colorado (the "County"), acting by and through its Board of County Commissioners (the "BOCC"). WITNESSETH: WHEREAS, on January 13, 2014, the District and the County entered into an IGA for the purpose of funding of various road improvement projects on Weld County Roads for the sum of $1,000,000 in 2014, and WHEREAS, the District has received a supplemental allocation of$166,818.61 from Federal Mineral Leasing revenues, and WHEREAS, District has received from the Weld County Department of Public Works a proposal for funding of various road improvement projects on Weld County Roads, a copy of which is attached hereto and referred to herein as "Exhibit A,"and WHEREAS, the District and the County wish to amend the IGA to allow the District to pay the County an additional $166,808 for the purpose of funding of various road improvement projects on Weld County Roads for the amended total sum of$1,166,800 in 2014, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. District agrees to pay to County the amended total sum of$1,166,800 in 2014, as funding for the various road improvement projects on Weld County Roads detailed in Exhibit A. Progress payments shall occur as projects are completed. 2. Any notice to be delivered pursuant to this amended IGA may be personally delivered or mailed in the United States mails, first class postage prepaid to the party to be served at the following addresses: District: Weld County Federal Mineral Lease Act District % Mike Freeman, President P.O. Box 758 1150 O Street Greeley, Colorado 80632 County: Board of Commissioners of the County of Weld P.O. Box 758 1150 O Street 2014-2140 1 Greeley, Colorado 80632 Notices personally served shall be deemed served on the date of delivery. Notices mailed shall be deemed served the next business day following the date of mailing if mailed in the State of Colorado otherwise on the date which is two business days following the date of mailing. 3 . This amended IGA may be executed in any number of counterparts, each of which shall be deemed an original, and which together shall constitute a single instrument. 4. This amended IGA shall be governed by and construed in accordance with the internal laws of the State of Colorado without reference to choice of laws rules. The parties agree that venue in any action to enforce or interpret this IGA shall be in the District Court in the Nineteenth Judicial District for the State of Colorado. WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT t^-, By: `E 1 RG Ilt Mike Freeman, Chairman, Weld County Federal Mineral Lease Act District Board of Directors BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Byi ^ (m • per, jam✓ I5ougl CCRRadem cher, Chairman 'JUL 1 6 2014 t/ ATTEST: 'ck Weld County Clerk to the Board ; ` a By: �a 1. / still /. st, � o� (62 $1 De uty Clerk to the Board \ `' LlOtiNgt 2 A014-210 Hello