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HomeMy WebLinkAboutResolution-2007-0055 CITY OF WHEAT RIDGE, COLORADO RESOLUTION 55 Series of 2007 TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND LONGS PEAK METROPOLITAN DISTRICT WHEREAS, the City Council wishes to provide for the construction of the 40th Avenue Underpass of 1-70 by CDOT; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation, for the purpose of establishing the cost of constructing the 40th Avenue Underpass and the reimbursement process to COOT for those costs; and WHEREAS, the City and Longs Peak Metropolitan District entered into an Intergovernmental Agreement dated December 11, 2006; and WHEREAS, the City and Longs Peak Metropolitan District wish to further define the responsibilities for the cost of constructing the 40th Avenue Underpass. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Contract Amendment Aooroved. The First Amendment to Intergovernmental Agreement between the City and Longs Peak Metropolitan District is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this JOtJ..- ATTEST: ~ Michael Snow, City Clerk FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT Between THE CITY OF WHEAT RIDGE, COLORADO and LONGS PEAK METROPOLITAN DISTRICT THIS FIRST AMENDMENT TO AGREEMENT is effective the ~ay of ~~ ,2007, by and between the aTY OF WHEAT RIDGE, a home rule city of the State of Colorado (the "City"), and LONGS PEAK METROPOLITAN DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado (the "District"). The City and the District are collectively referred to as the Parties. RECITALS WHEREAS, the Parties entered into that certain Intergovernmental Agreement concerning public infrastructure improvements, facilities and services in connection with the development of property annexed to the City as the "Cabela's/ Coors/Salter Property Annexation," as of December 11,2006 (the "Agreement"); and WHEREAS, the Parties wish to amend the Agreement to provide certain procedures for payment of invoices for the 40'h Underpass Project. NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree: 1. Section 4.5 Amended. Section 4.5 of the Agreement is amended and replaced to read in its entirety as follows: 4.5 40th Avenue Undemass. The 40m Avenue Underpass is a Public Improvement and appears in the list of Public Improvements on Exhibit 4, as one of the "Sales Tax Improvements." Notwithstanding any provision of this Agreement to the contrary, the cost of design construction, construction inspection and contingency for the 40m Avenue Underpass shall be paid as follows: upon receipt of each invoice from the Colorado Department of Transportation (moT), the City shall promptly transmit a copy of the same to the District. The District shall promptly, but in no event later than ,we",y ize.) days after the District's receipt of the invoice, prepare its check, payable to mOT in the amount of the invoice, and shall transmit the same to the City for further transmittal to mOT. The District shall have the tight to review any supplemental information to support the invoice. The District is obligated to pay each invoice in full. t~-f'~ (ZS) 2. Amendment to Service Plan not Reauired. The Parties agree that this Amendment is permitted pursuant to Section 15 of the Agreement and that no amendment to the District Service PIan is required. IN WITNESS WHEREOF, the District and the City have caused this Agreement to be duly executed as of the day first above written. LONGS PEAK METROPOUTAN DISTRICf 4 ~~~L"~() /" %rne~;-;~l"T" Title: -P~~~I ~ ATTEST: ~ ~9i:!tL~ .ame~At.J'o. ~ Pr~ Title: I} 'i.'rFt fl t.;> . OTYOFWHEATRIDGE ,: .;Y-- d !7 By. --;i '") !I J i' lltk~h i Jeff! DiTullib, Mayor .' .; .. \../ I ATTEST: BY~ Michael Snow, City derk 2