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HomeMy WebLinkAbout2016-090-12/06/2016-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE RESOLUTION 2016-090 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE TOWN OF TIMNATH DEFINING THE RESPONSIBILITY FOR THE FUTURE CONSTRUCTION OF LARIMER COUNTY ROAD 5/MAIN STREET ADJACENT TO SERRATOGA FALLS SUBDIVISION WHEREAS, the City of Fort Collins and the-Town of Timnath have annexed portions of Larimer County Road 5 ("CR5"), known as Main Street within Timnath Town limits; and WHEREAS, the City previously annexed an approximately 1,300 foot section of CR5 located immediately north of Prospect Road (the "Improvement Section"); and WHEREAS, the Town has annexed land immediately east of CR5 and immediately north of Prospect Road extending north approximately 3,900 feet; and WHEREAS, as a result, the City's territory encompasses the portion of CR 5 comprising the Improvement Section and the land to the west of the Improvement Section, and the Town's territory encompasses the land to the east of the Improvement Section; and WHEREAS, the Town recently approved Serratoga Falls Subdivision located north of Prospect Road and immediately adjacent to CR 5; and WHEREAS, traffic associated with Serratoga Falls Subdivision will impact the Improvement Section; and WHEREAS, as a result of the impacts created by Serratoga Falls Subdivision and future development within the Town, the City and Town agree that it is in the best interests of the citizens of each municipality to enter into an intergovernmental agreement ("IGA") regarding the future construction of the Improvement Section; and WHEREAS, pursuant to the IGA, the Town shall ultimately be responsible for widening the existing east lane of the Improvement Section to City four lane arterial standards and the City shall be responsible for similarly widening the west lane of the Improvement Section; and WHEREAS, pursuant to the IGA, the timing of the widening of the Improvement Section shall be determined in the future by mutual agreement of the Town and the City; and WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities 1- when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, the Timnath Town Board approved the IGA on October 25, 2016; and WHEREAS, the City Council has determined that the IGA is in the best interests of the City and that the Mayor be authorized to execute the IGA between the City and CDOT in support thereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That- the City Council hereby'makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby authorizes the Mayor to execute the IGA between the City and the Town of Timnath, substantially in the form attached hereto as Exhibit "A", together with such modifications and additions as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or further the purposes of this Resolution, as set forth above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of December, A.D. 2016. c�FaRT Co —� 45-- cIVAL, , ' Mayor ATTEST: •••cOLORP�O ZV City Clerk - I -2- EXHIBIT A INTERGOVERNMENTAL AGREEMENT (Regarding Main Street/Larimer County Road 5) THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on the day of , 2016, between THE TOWN OF TIMNATH, COLORADO ("Timnath") and THE CITY OF FORT COLLINS, COLORADO ("Fort Collins") each a municipal corporation of the State of Colorado (collectively referred to as the "Parties"). RECITALS WHEREAS, Timnath has approved Serratoga Falls Subdivision along and immediately adjacent to Main Street/Larimer County Road 5 (hereinafter referred to as "Main Street/CR5"), north of Prospect Road; and WHEREAS, Timnath has entered into a Subdivision Improvement Agreement with the developers of Serratoga Falls (the "Developer(s)"), requiring the Developers to improve Main Street/CR5 per the Timnath Land Development Code; and WHEREAS, portions of Main Street/CR5 lie within Timnath' s jurisdiction and portions lie within Fort Collins' jurisdiction; and WHEREAS, both Parties seek to have Main Street/CR5 improved to comparable standards and cross-sections to an ultimate four lane arterial, but the Parties' requirements for timing of these improvements differ; and WHEREAS, the Parties agree that it is in the best interests of the citizens of each municipality to enter into an intergovernmental agreement regarding the future construction of Main Street/CR5 ; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1 . Improvement of Main Street/CR5 . Along the western boundary of the Serratoga Falls Subdivision, the right of way of approximately the first one thousand three hundred ( 1 ,300) feet of Main Street/CR5 north of Prospect Road (the "Improvement Section"), is planned to be widened from a two lane arterial to a four lane arterial. The Improvement Section is currently annexed to Fort Collins. The Serratoga Falls Subdivision is annexed to and being developed under the criteria and standards of the Town of Timnath, and the Town' s criteria for the financial responsibility for future roadway widening varies from that of Fort Collins. Because of these differences, the Town of Timnath hereby assumes the responsibility for the cost to widen the east lane 1 of the Improvement Section, from the existing one lane to the planned interim two lane arterial , associated intersection improvements when warranted in the future, and widening the east side of the road to City of Fort Collins four lane arterial standards when warranted. The City of Fort Collins hereby assumes the responsibility for widening the west lane of the Improvement section at such time as Fort Collins and Timnath detennine and mutually agree said improvements are necessary . . Further, this Agreement does not alleviate the property owner on either side of the Improvement Section from responsibility to construct and/or pay for their half of the Town ' s two lane arterial section (including but not limited to the curb, gutter, sidewalk, draining infrastructure, parkway improvements and bridge structure extension if needed) upon the development of said properties as required by the Town of Timnath Code. Nor does it alleviate the property owner on the west side (currently within City of Fort Collins City limits) from constructing the developments curb, gutter and sidewalk in the Improvement Section per City of Fort Collins standards, codes, and requirements. Timnath ' s two lane arterial section shall be constructed at such time as Fort Collins and Timnath determine and mutually agree said improvements are necessary. 2 . No Third-Party Rights. This Agreement is made solely for the benefit of the Parties hereto, and is not intended nor shall it be deemed to confer rights to any persons or entities not named as parties hereto . 3 . Non-Compliance. If either Party fails to comply with the provisions of this Agreement, the other Party, after providing written notification to the non-complying Party and upon the failure of the non-complying Party to achieve compliance within a reasonable time after such notice under the circumstances, or ninety days, whichever is less, may maintain an action in a court of competent jurisdiction in Larimer County for specific performance, injunctive, or other relief. 4 . Additions and Modifications. The Parties hereto agree that they shall cooperate with one another in making such additions and modifications to this Agreement as may be necessary to effectuate its purposes . 5 . Term and Termination. a. Term. This Agreement shall be effective upon the date first written above and shall remain effective until tenninated in accordance with this section or as may be otherwise permitted by this Agreement. 2 b. Mutual Termination. The Parties may mutually agree in writing to terminate this Agreement. A Party may refuse a request to terminate this Agreement for any or no reason. 6. Colorado Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in Larimer County. 7. Assignment. Neither Party may assign this Agreement without the prior express written consent of the other Party. Any attempted assignment that violates the provisions of this section shall be null and void and without effect. Nothing herein shall prevent either Party from entering into an agreement with a third party to perform services in connection with this Agreement, provided that each Party shall remain responsible for the performance of its respective obligations under this Agreement. 8 . Entirety. This Agreement merges and supersedes all prior negotiations, representations and agreements between the Parties hereto relating to the subject matter hereof and constitutes the entire agreement between the Parries concerning the subject matter hereof. 9. Jointly Drafted : Rules of Construction. The parties hereto agree that this Agreement was jointly drafted, and, therefore, waive the application of any law, regulation , holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. 10 . No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to a Party, its officials, employees, contractors, or agents, or any other person acting on behalf of a Party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, C .R. S. § § 24- 10- 101 et seq. 11 . Cooperation Concerning Third Party Claims. Each Party shall promptly deliver to the other Party a copy of the following document(s) after receipt: A. Any written letter, statement, or electronic mail message received by a Party asserting harm, damage, or claim of any nature against Timnath or Fort Collins arising or resulting from the performance or failure to perform pursuant to this Agreement. 3 B. Any written notice of claim whether or not made pursuant to C.R.S . § 24- 10- 109, asserting that Timnath or Fort Collins committed or is responsible for any intentional tort or negligence occurring within Main Street/CR5 . C . Any complaint filed in any state or federal court which names Timnath or Fort Collins, or an official, officer, employee, contractor, or agent of Timnath or Fort Collins which complaint cites or references this Agreement or the portions of Main Street/CR 5 described herein. 12. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or another provision of this Agreement. 13 . Appropriation. Notwithstanding the provisions in Paragraph 12, pursuant to C .R. S . § 29- 1 - 110, any financial obligations of Timnath or the City of Fort Collins contained herein are subject to annual appropriation. The Parties each represent to the other that this Agreement does not violate Article X, Section 20 of the Colorado Constitution (TABOR) . 14 . Notices. All notices or other communications hereunder shall be sufficient and deemed given when personally delivered, or after the lapse of ten business days following mailing by certified mail, postage prepaid, addressed as follows: To Timnath: Town of Timnath Attention: Town Manager 4800 Goodman Street Timnath, CO 80547 To Fort Collins : City of Fort Collins Attention: City Manager 300 La Porte Avenue Fort Collins, CO 80521 15 . Severabili1y. If any portion of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either Party or as to both Parties, the Parties agree to take such action(s) as may be necessary to achieve the greatest degree possible the intent of the entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both Parties, such invalidity or unenforceability shall not affect the other paragraphs of this Agreement, except that any corresponding right or obligation of the other Party shall be deemed invalid. 4 16 . Additional Assurances. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out the intent of this Agreement. 17 . Separate Entities . The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout. 18 . Amendments . This Agreement may be amended in writing only by the mutual agreement of the governing bodies of the Parties hereto . 19 . Reliance by the Parties. Fort Collins and Timnath understand that each is relying upon all of the promises made by the other in this Agreement, and each agrees : a. Not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement ; b. To promptly notify the other Party of any legal action which might affect this Agreement; c. To allow the other Party to participate in such legal action as the other Party deems appropriate ; and d . To defend this Agreement in such legal action. (remainder of this page intentionally left blank) 5 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. TOWN OF TIMNATH , COLORADO J ' Grossman-Belisle, Mayor ATTEST: Milissa Peters, CMC Town Clerk City of Fort Collins, Colorado Wade Troxell, Mayor ATTEST: Wanda Winkelmann, City Clerk APPROVED AS TO FORM : Brad Yatabe, Assistant City Attorney 6 •Y Q O Legend .` _: � � Timnath Boundary City of Fort Collins ti �� • �, �;� lid! tf6 PROSPECT w - W L• LL W o ee E-sri• D g to L obe . Geo €ye, Earbhstar Ge � gr /Airbus DS . 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