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INTERGOVERNMENTAL AGREEMENT ESTABLISHING BOULDER COUNTY AS THE SUCCESSOR ENTITY TO THE' BOULDER COUNTY RECYCLING AND COMPOSTING AUTHORITY THIS AGREEMENT made and entered into this 4~h day of December, 2001, by and between the Board of Commissioners of BOULDER COUNTY, State of Colorado, a body corporate and politic, the CITIES OF BOULDER, BROOMFIELD, ERIE, LAFAYETTE, LONGMONT AND LOUISVILLE, and the TOWNS OF LYONS, JAMESTOWN, NEDERLAND and SUPERIOR, each a munidpal corporation (the parties may be referred to hereinafter individually as "party" or jointly as "parties"), and each a member of the Boulder County Recycling and Composting Authority ("BCRCA"), established by Intergovernmental Agreement dated April 20, 1995, pursuant to Sec. 29-1-203, CaR. S. WITNESSETH: WHEREAS, the parties are authorized to enter into this agreement pursuant to Sec. 29-1-201, et. seq., C-R.S.; and WHF_.REAS, BCRCA was established by Intergovernmental Agreement dated April 20, 1995 (hereafter "1995 Agreement"), for the purposes set forth in that Agreement, which purposes have been pursued diligently since that time; and WHEREAS, the 1995 Agreement provides at Section IV that k shall terminate automatically on December 31, 2001, or that it may be terminated prior to then by agreement of the parties; that a successor public entity may carry on the activities of BCRCA and assume its obligations; and that in the event of a successor public entity, BCRCA assets and funds, including any interest earned on deposits, remaining upon.tem4nation of BCRCA and after payment of all obligations shall be transferred to the successor public entity; and WHEREAS, the parties are entering this Intergovernmental Agreement in order to formally terminate the 1995 Agreement and establish Boulder County as BCRCA's successor public entity. NOW, THEREFORE, in consideration of the mutual covenants and commitments made herein, the parties agree as follows: 1. BCRCA shall be terminated upon signature of all the parties hereto, and Boulder County shall become the successor public entity contemplated in Section IV of the 1995 Agreement. 2. All the revenues generated by the Recycling Tax, and all assets purchased with revenues from the Recycling Tax, must be used for the purposes outlined in the Boulder County ballot issue passed in November, 1994, and in Boulder County Resolution No.