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IGA Restrictive Covenant; several Boulder County entities; hazerdour materials management facility; Exp 2/16/2032Contract Tracking > Thank You STANDARD Contract Routing Cover Sheet Please print and attach to your document Page 1 of 2 OFFICE OF THE CITY ATTORNEY OCT 12 2011 TO: You can view the status of your contract using the Contract Trac Status Pa _e. Routing Number 20111012 -6753 Originating Dept City Attorney Contact Person Clay Douglas Phone Number 303 441 3020 Project Manager / Contract Administrator Bret Linenfelser E -mail linenfelserb @bouldercolorad( Counter Parties Boulder County Cities re HMM IGA Contract Title / Type Restrictive Covenant fc_�R" K) 1• Number Description Please see explanation attached. Processing documents relative to Ord 7552. Contrit estimated per Attachment A of IGA Special Instructions Please return fully signed copy to Laurel in CAD Amount 233,000. Expense Type OUTGOING • Dept. Head Sign(ature r 7 li NOTE; Originating Department: Identify with a check mark all areas document needs to be routed. • Purchasing l�lz8_I"1o.�c�. cc,°- r"`P�'r``P'� • Budget_ t,12 fror 0 1 elte$ervt bad • Sales Tax • CAD • City Man • Central http: / /intraweb.ci. boulder. co. us/ ContraetTracking /servlet/Controller 10/12/2011 DocuSign Envelope ID: B1A09FCD -41OC -4387- 9239- 9432Da91BB45 ATTACHMENT B The Parties to the Intergovernmental Agreement for Hazardous Materials Management in effect for the years 2009 through and including 2013 (the "IGA ") have or will collectively contribute initial Party Investment funds in the amount of One Million Six Hundred Thirty-Six Thousand Four Hundred and Twenty Dollars ($1,636,420) for the construction of the Hazardous Materials Management Facility located at 1901 63rd Street, Boulder, Colorado (the "HMM Facility"). Construction of the HMM Facility was completed in March 2011. Each Party's contribution has or will be paid to the County Recycling Sales and Use Tax Fund in the amount set forth in Section VIII A. of the IGA. In addition to the Initial Parry Investment, the following will or have been contributed to this project: a) Future business surcharges will contribute $189,080 for the construction of the HHM Facility or Improvements thereof b) Boulder County contributed an additional $574,500 for construction costs over and above its share of the $1,636,420, above. The $1,825,500 estimated cost for the project as set forth in Section VIII (A), page 6 of the IGA was comprised of the Initial Party Investment plus the future business surcharges identified above. The total cost of the project was $2,400,000, including the additional $574,500 contribution by Boulder County. Boulder County agrees that any improvements constructed with the aforementioned funds will be used and maintained solely as part of the HMM Facility and that it shall not use the HMM Facility for a purpose other than Hazardous Waste management, as specified in the IGA, or for any other waste reduction purposes not previously approved by the Parties to the IGA, If at any time the County is in default of the IGA, as such default is described in Section X.A. of the IGA, then upon notice and failure to cure such default as provided in Section X.B of the IGA, the Parties may elect to request repayment of their "Initial Party Investment ", pursuant to the terms of the IGA and if each of the Municipalities that are Parties to the IGA agree, the County shall vacate the HMM Facility until such time as such repayment is made. After the Initial Party Investments have been paid to all Parties that have demanded repayment, the County may reoccupy and continue to utilize the HMM Facility. This Covenant shall be a restriction of record on the HMM Facility for a period of 20 years from the date of the execution of this Restrictive Covenant and shall be recorded in the real property records in the office of the Boulder County Clerk and Recorder. BOULDER COUNTY BOARD OF COMMISSIONERS �1 1 T,� } n�� Cindy Domenico - Betreeartmah Chair Date: oa) I t, ATTEST: L ar cla CLER��06 DocuSipn Envelope ID: B1A09FCD -410C- 43B7.9239.8432D991BB45 {rvJCS,'t' OJ .. S E A I, t 777',,ant „i 'I^f j CITY AND CO ROOMf MLD By: Date: T o� l a O jai 1 CITY OF BOULDER, COLORADO 0 Mayor 1777 Broadway Boulder, CO 80302 Attest: City Clerk on behalf of the Director of Finance and Record CITY OF LAFAYETPE By: - - Title: Date: ATTEST: DowSI9n Envelope ID: B1A09FC❑419C4387- 9239-8432D891 BB45 ATTEST: Attest: City Clerk onbe(talfof the Director of Finance and Record ATTEST: CITY AND COUNTY OF BROOMFIELD B y : - — Title: Date: CITY OF BOULDER, COLORADO mayor 1777 Broadway Boulder, CO :r CITY OF LAFAYETTE By — Title: Date: 2 DocuSIgn Envelope ID: B1A09FCD -410C -4387- 9239- 8432D891BB45 ATTBST: Attest: City Clerk on behalf of the Director of Finance and Record WA ,TOME RU,; 74 t. tee CITY AND COUNTY OF BROOMFIBLD m Title: Date: CITY OF BOULDER, COLORADO By: Mayor 1777 Broadway Boulder, CO 80302 CITY OF LAFAYETT By: Title: Mr, .zr Date: P3 DocuSign Envelope ID: B1A09FCD- 410C4387. 9239- 8432D891BB45 ATTEST: ATTEST: CITY OF NOMO By: Title: h4 Or Date: $'^ 1ya D A Approved as to Form: Asst i4nt City Attorney Pro read: , CITY OF LOUISVILLE By: _. Title: Date: TOWN OF ERIE By: ___ Title: Date: 4%"aDLAMMYPo LlSelWiu%OULU01!„COIM 417M.,I•HMMIOA_R bM[ Cwen Mmtdm DocuSign Envelope ID: B1A09FCD- 410C -43B7- 9239- 8432D891BB45 ATTEST: ATTEST: CITY OF LONGMONT By: Title: Date: Approved as to Form and Substance: Originating Department Approved as to Form: Assistant City Attorney Proofread: CITY O LOUISVILLE B _ P M� Tina " Oe, Date: �),U,"w G LO 11 TOWN OF ERIE By: - -- - Title: Date: 3 DocuSign Envelope ID: B1A09FCD-410C -4387- 9239- 8432D891 BB45 ATTEST: ATTEST: CITY OF LONGMONT By: _._ Title: Date: Approved as to Form and Substance: Originating Department Approved as to Farm: Assistant City Attorney Proofread: CITY OF LOUISVILLE By: Title: Date: TOWN OF ERI,,E // Date: i DoouSign Envelope ID: B1A09FCD -410C- 4387 - 9239 -8432D891BB48 • 'FtlWN UPMt] R OF By f 7Ytlo: _ - - rv}Q a n r i S E A, L/ Fete: A is. a o/ t 4