HomeMy WebLinkAbout20142776 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF
COUNTY ROAD 390 AND AUTHORIZE CHAIR TO SIGN -TOWN OF GROVER
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 the
Improvement of County Road 390 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 Grover, commencing upon full execution of signatures,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 the Improvement of County Road
390 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
Grover 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 10th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: d sp.J_;i �9D e> C .
C/ •'«`Q oggla% Rademacher, Chair
Weld County Clerk to the Boar. EL
' 1u t,
+ rbara Kirkmeyer, ro-Tem
:uty Clerk to the Bo
/, �+� an P. Conway
APP AS
Mike Free n
ounty Attorney
illiam F. Garcia
Date of signature: 'I flv
q tit. 2014-2776
17 EG0070
INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF WCR 390
AS IT PASSES TIIROUGH THE TOWN OF GROVER, COLORADO
TI[IS AGREEMENT is entered into this• ay of August, 2014, by and between the
Town of Grover, a municipal corporation of the State of Colorado, whose address is 315 Chatoga
Avenue, P.O. Box 57. Grover, Colorado 80729, hereinafter referred to as "Town," and the
County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, whose address is 1 150 O Street, Y.O. Box 758,
Greeley, Colorado 80632, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Weld County Road ("WCR") 390, as it extends through the Town of
Grover, is in need of improvements (hereinafter referred to as '`the WCR 390 Paving Project'),
and
WHEREAS, total project cost for the WCR 390 Paving Project is estimated to be
$687,876, and
WHEREAS, town and the Colorado Department of Local Affairs ("DOLA") have
entered into a Grant Agreement ("EIAF 7456 — Grover Paving"), wherein Grover will be
reimbursed $200,000 of the cost of materials and/or construction, and
WHEREAS, because the WCR 390 Paving Project is necessary to improve safety within
the Town of Grover and Weld County, County will pay the entire estimated cost of construction
($687,876), with the understanding and commitment that the Town will pay to County the
$200,000 grant money it receives from DOLA upon completion of the project by County, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § I 8(2)(a).
NOW, THEREFORE, in consideration of the mutual promises and covenants stated
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
completion of the WCR 390 Paving Project.
2. COUNTY AGREES TO:
Complete the WCR 390 Paving Project on behalf of Grover.
Page 1 of 3 Pages
2014-2776
3. TOWN AGREES TO:
a. Pursue all activities required of Town in the Grant Agreement.
b. Pay to County the sum of$200,000 within ten (10) days of receipt of the
same from DOLA.
4. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
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 this 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 an incidental beneficiary only.
6. MODIFICATION AND BREACI E
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this 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 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.
h
:kw, IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 'C day of
Iuty, 2014.
ATTEST: COUNTY OF WELD, a political
Page 2 of 3 Pages
: 102014
.4\ 4-.1.2Pay•
Board of County Commissioners
of the County of Weld
ATTEST: W,-alLn) TOWN OF GROVER, a municipal
corporation of the State of Colorado
By: !C1, lG 1 1 d 6rt By: / £41 P,�
Deb Duggan, Town CI}/\ Pete Beerman, Mayor
Page 3 of 3 Pages
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