HomeMy WebLinkAbout20132629.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF COUNTY PROEPRTY AND
AUTHORIZE CHAIR TO SIGN - GREELEY-EVANS SCHOOL DISTRICT 6
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a License Agreement for the Use of
County Property between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Greeley -Evans School District 6, for an event to be
held on County property on October 4, 2013, between the hours of 1:00 p.m. and 7:00 p.m., with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the License Agreement for the Use of County Property between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Greeley -Evans School District 6 be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COY COLORADO
Weld County Clerk to the Board
lily Attorney
Date of signatureSFP 2 6 2013
William
ee: rely
Garcia, Chair
2013-2629
BC0044
LICENSE AGREEMENT FOR THE USE OF
COUNTY PROPERTY
THIS LICENSE AGREEMENT, made and entered into this 18th day of September, 2013,
by and between the County of Weld, a political subdivision of the State of Colorado, whose
address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, as Licensor, and Greeley -Evans
School District 6, whose address is 1025 9th Avenue, Greeley, Colorado 80631, as Licensee.
WITNESSETH:
WHEREAS, Licensor is the owner of property located in the northern part of Greeley,
Weld County, Colorado, hereinafter referred to as "the County Property," and
WHEREAS, Licensee desires to hold an event on the County Property on (Date)
October 4, 2013, between the hours of 1:00pm and 7:00pm, and
WHEREAS, the scheduled event will consist of the following: (Describe event) Andy
Myers Cross Country Invitational Race: race includes high schools and middle school from all
along the Front Range; Approximately 25 schools will attend. The race will begin on the grounds
of Island Grove Park and then go north across the bridge that connects the park to the Poudre River
Trail and then go northwest on to Weld County land for approximately 1.5 miles; the course will
go back to the south and connect with the Poudre River Trail. At the trail, the course goes back
east, back across the bridge and finishes in Island Grove Park.
hereinafter referred to as "the Event," and
WHEREAS, Licensor agrees to such use and the parties hereby enter into this License
Agreement for the purpose of defining their relative rights and responsibilities regarding the
license granted herein.
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of said Licensee to be performed hereunder, and upon the conditions herein stated,
Licensor does grant to Licensee, its successors and assigns, a license to use the County Property
for the Event only upon the date and during time set forth above upon and in accordance with the
following conditions:
1. Licensee agrees:
a. To conduct the Event in a safe and orderly manner so that no damage to the
fixtures, signs and asphalt at the County Property shall occur during the
Event. Licensee understands, agrees and acknowledges that it is
responsible and liable for any such damage, including, but not limited to,
damage caused by participants or attendees at the Event.
b. To indemnify and hold harmless Licensor and Weld County, Colorado,
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from any damages the Licensee may suffer arising out of the Event.
c. To remove trash and debris upon completion of the Event.
d. To provide to Licensor a certificate of insurance covering liability for the
Event in the amount of $1 million aggregate and $ lmillion per occurrence,
plus $500,000 personal injury, naming Weld County, Licensor, and their
employees and officers as "Additional Named Insureds."
2. Licensor retains the right to revoke this License Agreement at any time for any
reason.
3. The use of the County Property by Licensee to conduct the Event shall be at its own
expense and without the aid or use of funds from Licensor or Weld County,
Colorado.
4. Licensee shall not assign any or all of its rights under this License Agreement
without first obtaining written consent to such assignment from Licensor.
5. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein,
and no oral representation, promise, or consideration different from the terms
herein contained shall be binding on either party hereto, or its agents or employees.
This License Agreement embodies all agreements between the parties hereto and
there are no promises, terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
6. If any term or provision of this License Agreement, or the application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this License Agreement, or the application of such terms or
provisions, to a person or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and provision
of this License Agreement shall be deemed valid and enforceable to the extent
peimitted by law.
7. No portion of this License Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this License Agreement be deemed to have created a duty of care which
did not previously exist with respect to any person not a party to this License
Agreement.
8. It is expressly understood and agreed that the enforcement of the terms and
conditions of this License Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
License Agreement shall give or allow any claim or right of action whatsoever by
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any other person not included in this License Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this License Agreement shall be an
incidental beneficiary only.
It is mutually understood and agreed that this License Agreement and all the terms and
conditions hereof shall extend to and be binding upon the parties hereto, their successors, and
assigns.
EXECUTED the day and year first above written.
Licensor:
ATTEST: °"'�� BOARD OF COUNTY
CLERK TO THE BOARD
By:
Deputy Cler
COMMISSIONERSOF WELD COUNTY
By:
tam F. Garcia, Chairman
SEP 1 8 2013
GREELE -EVANS SCHOOL DISTRICT 6
Wayne ds, Chief Operations Officer
SUBSCRIBED AND SWORN to before me this nthday of September, 2013, by Wayne
Eads, Chief Operations Officer, Greeley -Evans School District 6.
WITNESS my hand and official seal
Licensee:
zmv
Notary Public
My commission expires:
My, Commission Expires Morc61;. 2018
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