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
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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
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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
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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.
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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.
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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.
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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)
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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
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