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HomeMy WebLinkAboutResolution-2007-0028 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2007 TITLE: A RE$PLUTlON APPROVING AN INTERGOVERNMEMTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE COUNTY OF JEFFERSON FOR COST- SHARING OF IMPROVEMENTS AT THE I-70/32ND AVENUE INTERCHANGE WHEREAS, the City Council wishes to provide for the construction of certain street improvements on and adjacent to 320d Avenue; and WHEREAS, the City has negotiated an agreement with the County of Jefferson, for the purpose of sharing in the costs of improvements to 320d Avenue, and; WHEREAS, the cost of improving 320d Avenue has been approved through project authorization, and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Al!reement AODroved. The agreement between the City and the County of Jefferson for cost-sharing of improvements to 320d Avenue at the I_70/32od Avenue Interchange, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this 23'd day of Julv. 2007. I\\~@ ATTEST: ~ Michael Snow, City Clerk INTERGOVERNMENTAL AGREEMENT it-- This Intergovernmental Agreement (this "Agreement") is made and entered into this Lday of ~4 ' 202,Z by and between the COUNTY OF JEFFERSON, COLORADO, a body politic and c porate (the "County"), and the CITY OF WHEAT RIDGE, COLORADO, a municipal corporation and home rule city of the State of Colorado (the "City"), collectively referred to herein as the "Parties." RECITALS A. The Parties, together with the Colorado Department of Transportation ("CDOr) and Longs Peak Metropolitan District ("District"), desire to participate in the design, surveying, engineering, construction, inspection, materials testing and right-of-way acquisition required for certain improvements at the interchange of 1-70 and 32"d Avenue (the "Improvements"). The Improvements shall consist of the following: 1. Safety improvements in the school zone along 32"d Avenue adjacent to the Manning and Maple Grove Elementary schools; 2. The widening of 32"d Avenue to accommodate traffic needs between Alkire Street and Wright Street, including modification of the existing 1-70 bridges over 32nd Avenue; 3. Modification and improvement of the Youngfield Street 1 32nd Avenue intersection, and; 4. Modification and improvement of the Zinnia Street 1 Cabela Drive 1 32"d Avenue intersection. B. The Improvements will provide significant benefits to the County and the City and their residents through improved access for existing and future developments within the area. C. The Parties desire to provide funding, in full compliance with the requirements of Article X, Section 20 of the Colorado Constitution ("TABOR"), for the construction of the Improvements in order to facilitate the prompt completion of such construction. AGREEMENT In consideration of the foregoing premises, and the covenants, promises, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Parties will work cooperatively with CDOT to obtain approvals of the design of the Improvements, generally in conformance with the February 28, 2007 1-70/32"d Avenue Interchange Finding of No Significant Impact (FONSI). The District will construct the Improvements in accordance with all applicable requirements of CDOT, the County and the City and in accordance with the Intergovernmental Agreement between the City and the District dated December 11, 2006. Additional agreements may be needed between the Parties, the District and others to construct the Improvements, and the Parties will cooperate with one another to address such issues. Neither Party will approve the deletion of or significant change to any of the Improvements without the prior written approval of the other Party. In the event the City breaches the preceding provisions, then the County shall be entitled to refund of any monies that it contributed pursuant to Paragraph 2 below. 2. The FONSI estimated that the total cost of the Improvements will be $11,543,000, including the design, surveying, engineering, construction, materials testing and right-of-way acquisition, to be paid as follows: (i) The City will provide funding in the amount of $3,268,000. (ii) The County will provide funding in the amount of $2,500,000. (iii) The District will provide the balance of the funding, estimated to be $5,775,000. Of its total $2,500,000 obligation, the County will provide $1,250,000 by December 31,2007 provided that the City has contributed at least $1,634,000 and that the District 1 has contributed at least $2,887,500. If the City or the District have provided less than those amounts, the County shall provide a proportionately lesser amount. The County shall provide the remaining $1,250,000 upon completion of the Improvements provided that the City has contributed a total of $3,268,000 and that the District has provided a total of $5,775,000. The County shall not be obligated to contribute additional funds to complete construction of the Improvements. 3. The County will contribute its funds to the City within thirty (30) days of receipt by the County of a District invoice together with sufficient documentation of satisfactory completion of all or a portion of the Improvements that are covered by the invoice. 4. The Parties intend to fully comply with the requirements of TABOR; and this Agreement shall not constitute a multi-fiscal year financial obligation of either Party. Any expenditure of funds by either Party shall be subject to an annual appropriation of such funds for such purpose by the governing body of such Party. 5. The Parties shall use reasonable diligence to assure the completion of construction and the opening of the Improvements on or before the opening of the Cabela's store to be located near the Improvements. 6. Any notice, request, assignment, payment, consent, approval, demand, or other communication required or permitted hereby shall be in writing and shall be deemed to have been given when personally delivered, delivered by overnight delivery services, or when deposited in the United States Postal Service, certified, return receipt requested, postage prepaid, properly addressed to the persons to whom such notice is intended to be given at their respective addresses as follows: If to the City: City of Wheat Ridge 7500 W. 29'h Avenue Wheat Ridge, CO 80033 Attn: City Manager If to the County: Jefferson County 100 Jefferson County Parkway Golden, CO 80419 Attn: Deputy County Administrator 7. Governino Law.. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue shall be proper and exclusive in the District Court for Jefferson County, Colorado. By: Attest: BY:~ By: Attest: COUNTY OF JEFFERSON, COLORADO 2 ~~.~/ - County Cierk Approved as to Form: By: S\t?....... ~M_' Jean L. ~ars, Assi~nt County Attorney 3