IGA; Jefferson and Boulder County; Jefferson Parkway & Seciton 16; no end date
INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY,
BOULDER COUNTY, AND THE CITY OF BOULDER REGARDING THE
JEFFERSON PARKWAY AND ACQUISITION OF SECTION 16
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is dated for reference
purposes this 3rd day of May, 2011, by and between the City of Boulder, a Colorado home rule
city ("City"), the County of Jefferson, a body corporate and politic of the State of Colorado
("Jefferson County"), and the County of Boulder, a body corporate and politic of the State of
Colorado ("Boulder County"). The City, Jefferson County and Boulder County are collectively
referred to herein as the "Parties."
RECITALS
WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution and C.R.S.
29-1-201, et seq., and 29-20-105 authorize and encourage governments to cooperate with each
other for purposes of planning and development and to provide for the joint exercise of functions
and services to which each is individually authorized;
WHEREAS, Jefferson County is a member of the Jefferson Parkway Public Highway
Authority ("Authority"), which has sought approval for the authorization and construction of the
Jefferson Parkway, a transportation.corridor connecting the City and County of Broomfield and
Jefferson County ("Parkway");
WHEREAS, the City and Boulder County have opposed the construction of the Parkway;
WHEREAS, the Parties desire to commit themselves to working cooperatively with each
other to enhance connectivity between important wildlife areas in the vicinity;
WHEREAS, the Parties recognize the importance of keeping State Highway 93 as a safe
and well maintained transportation corridor for the health and viability of their communities;
WHEREAS, the parcel that is approximately 640 acres located in Section 16, Township 2
South, Range 70 West of the 6th Principal Meridian ("Section 16"), has previously been
identified to have Jefferson County Open Space Master Plan values and is part of the City of
Boulder's Open Space Acquisition Plan;
WHEREAS, the goal of the Parties is to acquire all property interests in Section 16 and/or
otherwise facilitate the transfer of those property interests to the United States Fish and Wildlife
Service ("USFWS") for inclusion in the Rocky Flats National Wildlife Refuge or otherwise be
held permanently as open space; and
OFFICIAL CENTRAL RECORDS COPY
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WHEREAS, the City and Boulder County agree to withdraw their opposition to the
authorization and construction of the Parkway in exchange for financial assistance and support
from Jefferson County to acquire real property interests to create a permanent wildlife
conservation area to include Section 16, as set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals, promises, covenants, and
undertakings hereinafter set forth, the Parties agree as follows:
1. Jefferson County will contribute $5,100,000 ("Jefferson County's Contribution")
towards the acquisition of Section 16 with priority given to the acquisition of surface interests
and real property interests to be dedicated permanently to publicly-owned open space for the
purpose of wildlife conservation. With these funds, and the additional funds referenced below,
the Parties shall commit to engaging in good faith efforts to acquire all property interests in
Section 16 and/or otherwise facilitate the transfer of those property interests to the USFWS for
inclusion in the Rocky Flats National Wildlife Refuge or otherwise be held permanently as
public open space in a manner consistent with the open space policies of all of the Parties.
2. Within 90 days after execution of this Agreement, Jefferson County's Contribution
shall be placed in an interest-bearing escrow account (the "Escrow") to be held by an escrow
agent mutually acceptable to all Parties and pursuant to escrow instructions consistent with the
terms of this Agreement. Expenditure of Jefferson County's Contribution is contingent upon the
condition precedent of the acquisition of the Right-of-Way by the Authority.
3. Within 30 days following the deposit of Jefferson County's Contribution in Escrow,
both the City and Boulder County will contact the USFWS, the Colorado Department of
Transportation and the Denver Regional Council of Governments to inform these entities that
they withdraw their opposition to the Parkway and will take a neutral position on the conveyance
of right-of-way along the eastern edge of the Rocky Flats National Wildlife Refuge (the "Right-
of-Way") from USFWS to the Authority. The City and Boulder County will not oppose
construction of the Parkway as proposed in the Authority's application for inclusion of the
Parkway in the Denver Regional Council of Governments Fiscally Constrained Regional
Transportation Plan ("Parkway Plan"). By agreeing not to oppose the conveyance of Right-of-
Way to the Authority and not to oppose construction of the Parkway as provided above, neither
the City nor Boulder County are giving up their right to advocate for maintenance, operational or
capital enhancements of SH 93 or to object to future changes in the Parkway Plan that would
require a new approval from Denver Regional Council of Governments.
4. The City and Boulder County each agree to contribute $2,000,000 to the
acquisition of Section 16 and will encourage other local governments also to make contributions.
Funds contributed by the City and Boulder County shall be placed in the Escrow account on or
before December 31, 2011.
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5. After the acquisition of the Right-of-Way by the Authority, the money in the Escrow
will become available for use by the- Parties as set forth in this Agreement. The Parties will work
in good faith to leverage the funds in the Escrow to enable the acquisition of both the surface and
mineral interests in Section 16 at or below fair market value. At the time this Agreement is
signed, Section 16 is owned by the State of Colorado, Board of Land Commissioners ("State
Land Board") and is encumbered by various property rights, leases and permits held by private
parties. The Parties and/or their agents will work with the State Land Board and the private
parties in an attempt to acquire a fee simple interest in all of Section 16 and the easements and
encumbrances, but the Parties recognize that certain easements and encumbrances may remain,
and will work to address these and any encumbrances, easements, or options that may be
required to achieve the outcomes outlined in this Agreement. The Parties will not employ any
agent unless such agent will first agree to a set fee and scope of work acceptable to the Parties.
The Parties will make efforts to raise additional funds to acquire property rights in Section 16,
including the consideration of Natural Resources Damages funds.
6. Because Section 16 is owned and encumbered by entities other than the Parties and
because the Parties do not have assurances as to the conditions upon which USFWS will take
title to Section 16, it is uncertain as to whether the Parties' goal that Section 16 be acquired and
included in the Rocky Flats National Wildlife Refuge, or otherwise protected as wildlife habitat
and/or open space, can be realized. If the Parties, after good faith efforts, are unsuccessful in
their attempts to acquire and protect Section 16 as wildlife habitat by January 1, 2016, any funds
remaining in the Escrow unexpended will be paid to the entities that contributed them, all in
proportion to the amount of their contributions and the Parties will be relieved from any
obligations under this Agreement.
7. None of the Parties shall. take any steps to reduce capacity or maintenance on SH 93,
except as required by federal or state law. Further, no Parry to this Agreement may enter into an
agreement if the agreement would degrade any existing lanes of SH 93. No decisions to toll
existing lanes on SH 93 shall be made without support from all of the Parties and the City of
Golden. Jefferson County shall not enter into any agreement, or vote to support any such
agreement in its capacity as a member of the Authority, that would preclude maintenance,
operational or capital enhancements of SH 93.
8. Jefferson County pledges to consult with the Cities of Superior, Golden and other
communities regarding their concerns relative to construction of the Parkway.
9. The Parties further acknowledge that the time frame within which acquisition and
protection of the surface rights at Section 16 is likely to be accomplished may be shorter than the
time frame required to ensure permanent protection of the mineral estate. Therefore, the Parties
agree to identify and implement mutually acceptable strategies to mitigate such risks including
supporting a process by which the subsurface estate at Section 16 can be transferred to the
United States via exchange.
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10. By entering into this Agreement the Parties accept the positions as outlined above as
the official position of the Parties and no individual Party will adopt a contrary position unless
this Agreement is first amended or unless another Party has first breached the terms of this
Agreement.
11. This Agreement is intended as the complete integration of all understandings among
the Parties. No prior resolution, and no prior or contemporaneous addition, deletion, or other
amendment to this Agreement shall have any force or effect, unless embodied herein in writing.
No subsequent amendment shall have any force or effect unless contained in a written
Agreement executed by the Parties.
12. The enforcement of this Agreement and all rights of action relating to such
enforcement, are reserved to the Parties. Nothing contained in this Agreement shall give or
allow any claim or right of action by any other third person, nor shall anything contained in this
Agreement be construed as a waiver of any provision of the Colorado Governmental Immunity
Act, C.R.S. 24-10-101, et. seg., as amended. The Parties intend that any person or entity
other than the Parties be deemed an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed.
CITY OF BOULDER, a Colorado home rule city
By: .
Jane S. Brautigam, City eager
ATTEST:
By: juml /L
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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COUNTY OF BOULDER, a body corporate and
politic
Y:
Ben Pearlman, Chaii
By:-~-~~
Cindy Domenic' , Vice-Chair
i
By: r
Will Toor, Commissioner
APPROVED AS TO FORM:
By: cc~-~ ac~
County A ey
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COUNTY OF JEFFERSON, a body corporate and
politic
By:
Faye Grif"n. Chairman
APPROVED AS TO FORM:
B y: f~~s f 4=.i r4 t-~ I
County Attorney
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