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Home My WebLink About20143236.tiff RESOLUTION RE: APPROVE THIRD AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY AND AUTHORIZE CHAIR TO SIGN 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 approved an Establishing Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County and the Cities of Broomfield and Lafayette on June 2, 1999, and WHEREAS, the Board approved a First Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority on August 28, 2006, and a Second Amendment on September 19, 2007, and WHEREAS, the Board has been presented with a Third Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Cities of Broomfield and Lafayette, with 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 the Third Amendment to the Establishing Contract for the Northwest Parkway Public Highway Authority between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Cities of Broomfield and Lafayette be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. bwct � 20143236 CC CS C xf. ) �i2 8O0028 THIRD AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: d jd_; /, Q t(v1(.9,-1 rQQdi1 Q /^ •-C �K D uglastademach r, hair Weld County Clerk to the Board L % /� yara Kirkmey r, Pro-TernBY. .qty Clerk to the =oars 1i J' USED Nre��";'� ` =n P. Conway AP V FORM: %4/ \~`� Mi1Ce F e a unty Attorney is . Garcia Date of signature: I0%29 2014-3236 BC0028 THIRD AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY THIS THIRD AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PU LIC�AY AUTHORITY (the "Third Amendment") is effective as of the, day of , 2014, pursuant to Colo. Const. Art. XIV, Sec. 18(2), title 30 C.R.S., title 31 C.R.S., appropriate municipal charter provisions, and part 5 of article , title 43, C.R.S., by and between THE CITY AND COUNTY OF BROOMFIELD, a Colorado city and county, and THE CITY OF LAFAYETTE, a Colorado municipal corporation (singularly or collectively, the"Governmental Unit(s)" or the "Party(ies)"). RECITALS WHEREAS, the Colorado General Assembly has enacted the public Highway Authority Law in part 5 of article 4, title 43, C.R.S. (the "Act"); and WHEREAS, it is the stated intention of the Colorado General Assembly that public highway authorities be formed to finance, construct, operate, or maintain all or a portion of a beltway or other transportation improvements in the Denver metropolitan region which, because of the cost or the location thereof in the jurisdiction of more than one municipality or county, cannot feasibly be financed, constructed, operated, or maintained by a municipality or county acting alone; and WHEREAS, a public highway authority denominated the "Northwest Parkway Public Highway Authority" (the "Authority") was created by contract dated as of June 2, 1999, which was thereafter first amended effective September 5, 2006, and later amended by a second amendment effective July 24, 2007 (collectively, the "Establishing Contract"), by and between the City and County of Broomfield, the County of Weld, and the City of Lafayette, to finance, construct, operate or maintain the Northwest Parkway; and WHEREAS, the County of Weld provided to the Authority thirty (30) days' written notice, dated December 18, 2007, of its intent to withdraw from the Authority (a copy of which is attached hereto as "Exhibit A"), pursuant to the provisions of Paragraph 13 of the Establishing Contract; and WHEREAS, the two remaining Government Units who are members of the Authority expressed no opposition to the County of Weld's withdrawal from the Authority within the thirty (30) day period from December 18, 2007, to January 17, 2008, and continue to have no opposition to such withdrawal; and WHEREAS, as of the date of the County of Weld's notice of withdrawal (December 18, 2007), and as of the date of such withdrawal (January 17, 2008), provisions had been made to discharge the Bonds issued or assumed by the Authority, as required by Paragraph 13 of the Establishing Contract; and 1 a©/y- 3 a3b WHEREAS, in accordance with paragraph 15 of the Establishing Contract, the remaining Government Units may amend the Establishment Contract upon mutual written agreement; and WHEREAS, the Government Units now desire to enact this Third Amendment in order to formally acknowledge and document the County of Weld's withdrawal from the Authority, to amend Paragraph 3 of the Second Amendment, and to modify Paragraph 13 of the Establishing Contract to state as set forth below. NOW, THEREFORE, in consideration of the mutual promises and benefits herein expressed, and for other good and valuable consideration,the receipt and sufficiency of which is hereby freely acknowledged, the Government Units hereby covenant and agree as follows: COVENANTS AND AGREEMENTS 1. Amendment of the Second Amendment Paragraph 3. Paragraph 3 of the Second Amendment is hereby amended in its entirety to read as follows: "3. This Second Amendment shall be null and void and have no force or effect unless there is a closing on the Proposed Concession by November 21, 2007." 2. Amendment of Paragraph 13. Paragraph 13 of the Establishing Contract be, and hereby is, amended to read as follows: "13. Withdrawal. Any Governmental Unit may request to withdraw from participation in the Authority upon thirty (30) days' written notice of its intent to withdraw to the Board so long as two Governmental Units continue to participate in the Authority. Provided, however, no such withdrawal shall be voted on by the Board until and unless the Board finds that satisfactory provisions have been made to discharge all the obligations of the Authority, including any Bonds issued or assumed thereby, in a manner that will protect the rights and interests of the holders of such obligations, including Bonds of the authority; or the Board receives written notice from the holders of such obligations consenting to such withdrawal. Additionally, any decision by the Board to approve the withdrawal of a Governmental Unit shall be subject to and conditioned upon the amendment of this Contract by the unanimous, written agreement of the Governmental Units, and shall be further subject to compliance with the provisions of the Act." 3. Withdrawal of the County of Weld. Notwithstanding any other provision contained herein to the contrary, the Government Units hereby acknowledge and document that the County of Weld has withdrawn from the Authority, effective January 17, 2008 (thirty (30) days following its letter notice of intent to withdraw dated December 18, 2007, a copy of which is attached hereto as "Exhibit A"). Therefore, the County of Weld is no longer a Governmental Unit or Party to the Authority, as of January 18, 2008. 4. Full Force and Effect. Except as expressly modified by this Third Amendment and all other provisions of the Establishing Contract shall remain in full force and effec 2 5. Counterpart Execution. This Third Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Remainder of page left intentionally blank.' CITY AND COUNTY OF BROOMFIELD BY c►rdi `tr rLhtrns Title: ` .:26tvio ATTEST: t' tadcL�l� L C'SCr STATE OF COLORADO ) ) ss. COUNTY 01- ppr _ ) The foregoing instrument was ac nowledged before me this /-24-4-4) day of 2014, by +o natO ce' J�,� as- (Ace) and as — of the City and County of Broomfield. Witness my hand and official seal. JUDITH L. KEISER NOTARY PUBLIC STATE OF COLORADO My commission expires: NOTARY ID 19964015276 My Commission Expires Sqpt. 17, 2017 utary 'i blir 3 CITY OF LAFAYETTE By: , Title: Ma ATTFSTy By: 11ctin t4stt _ Title: _ STATE OF COLORADO ) ss. COUNTY OF t 1ch ) The foregoing instrument was acknowledged before me this 3rd day of none eter , 2014, by Ckrsst;n4. —berg as ChA..er and as of the City of Lafayette. Witness my hand and official seal. My commission expires: IC /o /aO c L )Q A(M Notary Public Ry 5:x,0"' a,7y.F-p N'•, •O nF COO 4 ACKNOWLEDGEMENT OF WITHDRAWAL AND CONSENT TO THIRD AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST PARKWAY PUBLIC HIGHWAY AUTHORITY The Board of County Commissioners of Weld County, on behalf of THE COUNTY OF WELD, a body politic and corporate and political subdivision of the State of Colorado, hereby acknowledges it's withdrawal from the Northwest Parkway Public Highway Authority, effective January 17, 2008, by virtue of its letter expressing Weld County's notice of intent to withdraw, dated December 18, 2007, hand-delivered to the Northwest Parkway Public Highway Authority on that date, a copy of which is attached hereto as "Exhibit A,"with no opposition to such letter expressed anytime within thirty (30) days thereafter. Although by virtue of such withdrawal Weld County is no longer a Governmental Unit pursuant to the Establishing Contract, the Board of County Commissioners consents to this Third Amendment and believes it is consistent with the original intent of the Establishing Contract. COUNTY OF WELD - sLa BY: n ng1ac Radamarhar Title:Chair, Board of Weld County Commissioners 1961 'giiiJ 1' ACTS 62014 ATTESTyAideti E."`�.'-1 APP ED RN: By Title: �,/ �, � aQ'1 Cou ttorney STATE OF COLORADO ) ss. COUNTY OF WELD ) I The foregoing instruments acknowled e before me this /QM day of Alai nJ-y t. , 2014, by c_Upi.t gAus aztfuna by , as hnjh , fro eentnal &MY) i4.oit11O19 as- WI A of the County of Weld. J Witness my hand and official seal. My commission expires: 0207, &om' r RAFAELA ALICIA MARTINEZ N tay Public J C C �' `^"^ -91 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2018 5 aoi y gcla EXHIBIT A r OFFICE OF BOARD Ox COUNTY COMMISSIONER 0 915 10th Street P.O.B 759 8 GREELEY, CO 80632 WEBSITE:www.co.weld.co.us 6-4000,ET.4200 W I lD�. PHONE: (970)3F5AX: (970)352-0242 COLORADO December 18,2007 Northwest Parkway Public Highway Authority Broomfield,Colorado RE: Withdrawal of Weld County Dear Members of the Northwest Parkway Board: Pursuant to Paragraph 13 of the Establishing Contract for the Northwest Parkway Public Highway Authority,the County of Weld,a political subdivision of the State of Colorado,hereby provides written notice of its intent to withdraw from the Northwest Parkway Public Highway Authority upon the expiration of thirty(30)days from the date of this notice. As required by Paragraph 13,the Bond obligations of the Authority have been discharged in a manner that will protect the rights and interest of the holders of such obligations. Sincerely, The Board of County Corftinissioners for Weld County "C ) 7David E. Long,Chair Robert D. Masden William H.Jerke it mil._ William F.Garcia ouglas ademacher Rafaela Martinez From: Bruce Barker Sent: Wednesday, October 15, 2014 3:03 PM To: CTB Cc: Commissioners Subject: FW: NWPKWY Attachments: Third Amended NWPPHA.docx Please place the attached on the agenda for Monday, October 20, 2014. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 0 ir . - x / 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 attorney privileged and 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. From: Bill Tuthill [mailto:btuthill@broomfield.orql Sent: Wednesday, October 15, 2014 2:34 PM To: Bruce Barker Subject: NWPKWY Bruce—Last night the Broomfield City Council approved the Third Amendment to the Establishing Contract for the Northwest Parkway, in the form proposed by Weld County. Can you please let me know when your County Commissioners are expected to consider it? Bill Tuthill 1 2014-3236 Hello