Sumac Avenue Intergovernmental Agreement (1).pdf (3,700 KB)

INTERGOVERNMENTAL AGREEMENT REGARDING COSTS FOR SUMAC AVENUE TRANSPORTATION IMPROVEMENTS This Intergovernmental Agreement Regarding Costs for Sumac Avenue Transportation Improvements (this “Agreement”) is made this ____ day of ___________ 202__, (the “Effective Date”) between the City of Boulder, a Colorado home rule municipality (the “City”), and the Boulder Valley School District No. RE-2, a political subdivision of the State of Colorado (the “District”). The City and the District may be referred to individually as a “Party” or collectively as the “Parties.” RECITALS A.

Part 2, Article 29, C.R.S., as amended, permits and encourages local governments to make the most efficient and effective use of powers and responsibilities by cooperating and contracting with other government entities.

B.

The District is the owner of real property described on Exhibit A, attached hereto and incorporated herein by reference, also known as 1897 Sumac Avenue, Boulder, Colorado 80304 (the “Property”).

C.

On November 12, 1997, the Parties entered into an Annexation Agreement, recorded in the records of the Boulder County Clerk and Recorder’s Office, Colorado, at Reception No. 1749342, (“Annexation Agreement”) to ensure that certain terms and conditions of annexation of the Property into the City be met by the District to protect the public health, safety and welfare and prevent the placement of an unreasonable burden on the physical, social, economic, or environmental resources of the City.

D.

The Annexation Agreement provides at paragraph 3.A. that at such time as the establishment of a Local Improvement District (“LID”) becomes necessary to improve the streets and sidewalk system (the “Transportation Improvements”) serving the Crest View Elementary School (the “School”), the District will pay those costs associated with its pro-rata share of the benefits to the School, as they may be mutually agreed upon by the Parties.

E.

As of the date of this Agreement, Upland Avenue serves the School. The City anticipates making improvements to Upland Avenue within the next 10 years.

F.

The city manager proposes approval by Boulder City Council to establish a local improvement district (“LID”) to accomplish the Transportation Improvements on

Sumac Avenue, scheduled to be taken up by Boulder City Council in the first quarter of 2026. G.

The cost of the Transportation Improvements at 80% design completion is $8,435,304. The Parties are entering into this Agreement to establish the District’s share of the costs of the Transportation Improvements. The additional funds required to complete the Transportation Improvements will be provided by the City and property owners whose properties are exclusively served by Sumac Avenue.

H.

The area of the Property subject to this Agreement is depicted on Exhibit B, attached hereto and incorporated herein by reference (the “Subject Area”).

NOW, THEREFORE, in consideration of the foregoing Recitals, incorporated herein by this reference, the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.

Payment. The District agrees to make one lump-sum payment to the City in the amount of $350,000 (the “Payment”) no later than June 30, 2027, as the District’s contribution to the costs of the Transportation Improvements attributable to the Subject Area. a. The Parties agree the Payment satisfies the terms of the Annexation Agreement related to Transportation Improvements to Sumac Avenue. b. The Parties agree that the District’s sole remaining obligation under the Annexation Agreement is to pay the costs associated with its pro rata share of the benefits to the School for the Transportation Improvements to Upland Avenue between Broadway and 19th Street (excluding the property defined by the May 22, 1986 Parks and Recreation easement) as mutually agreed upon by the Parties (the “Upland Avenue Costs”) at such time as a LID or other agreements with the adjacent private property owners are created. Upon payment of the Upland Avenue Costs, the Annexation Agreement shall terminate and be of no further force or effect. c. The Parties agree the District shall not pay costs associated with improvements to 19th Street between Sumac Avenue and Upland Avenue.

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2.

In the event City Council does not approve the formation of the LID or the project, the City will continue with a roadway improvement project on Sumac Avenue between 19th Street and Broadway before the year 2029, and this Agreement shall remain in full force and effect.

3.

Limitation of Liability; Waiver of Claims. Notwithstanding anything to the contrary in this Agreement, the Parties hereby waive any and all claims for any indirect, incidental, special or consequential damages of any nature whatsoever.

4.

Governmental Immunity. Each Party and its officers and employees are relying on, and do not waive or intend to waive any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to each Party and its officers and employees.

5.

Rights Cumulative. The rights and remedies of the Parties under this Agreement are in addition to any other rights and remedies provided by law.

6.

Binding Effect. The City and the District each bind itself, its successors and assigns to the other Party to this Agreement with respect to all rights and obligations under this Agreement.

7.

Relationship of the Parties. Nothing in this Agreement will be construed to create a joint venture, partnership, employer/employee or other relationship between the Parties other than independent contracting parties. Except as permitted under the remedies provision hereunder, no Party will have the express or implied right to act for, on behalf of, or in the name of any other Party.

8.

No Third-Party Beneficiaries. This Agreement does not create any rights in any individual not a party to this Agreement.

9.

No Multiple Fiscal Year Obligation/Appropriations. Nothing herein will constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. The financial obligations of the Parties under this Agreement are subject to annual budgeting and appropriation by that Party in accordance with applicable law.

10.

Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

11.

Governing Law. This Agreement will be governed by the laws of the state of Colorado, and any legal action concerning the provisions hereof will be brought in Boulder County, Colorado.

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12.

No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by either Party will not constitute a waiver of any of the other terms or obligations of this Agreement.

13.

Entire Agreement. This Agreement and the exhibits attached hereto and incorporated herein, constitutes the entire agreement of the Parties.

14.

Amendments. This Agreement may only be modified upon written agreement of the Parties.

15.

Authority of Signatories. The signatories to this Agreement affirm that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their authorized officers as of the Effective Date. This Agreement may be executed in counterparts, each of which shall be original, but all of which together shall constitute a fully binding and executed Agreement. Boulder Valley School District RE

Nicole Rajpal President, Board of Education Attest:

Secretary to the Board City of Boulder, a Colorado home rule municipality

_____________________________ Nuria Rivera-Vandermyde, City Manager Attest:

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_____________________________ City Clerk APPROVED AS TO FORM:

_____________________________ City Attorney’s Office

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EXHIBIT A Legal Description of the Property

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EXHIBIT B Depiction of the Subject Area

4900-4666-3302, v. 1

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School Property Apportioned to future Upland Improvements project 5.385 Acres

Park Easement 6.5 Acres

School Property Apportioned to Sumac Ave project 5.385 Acres

Sumac Ave.

379.75 ft

2.49 in

736.25inft 4.84