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