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Home My WebLink About20132166.tiffRESOLUTION RE: APPROVE LICENSE AGREEMENT FOR USE OF FORMER WELD COUNTY GARAGE PARKING LOT AND AUTHORIZE CHAIR TO SIGN - GREELEY VINEYARD 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 use of the Former Weld County Garage Parking Lot between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Greeley Vineyard, commencing August 24, 2013, at 12:01 a.m., and ending at midnight, 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 use of the Former Weld County Garage Parking Lot between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Greeley Vineyard 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 5th day of August, A.D., 2013. ATTEST: Weld County Clerk to the Board BY: APP my Attorney Date of signatureUG 1 5 2013 BOARD OF WELD OUNTY COMMISSIONERS LORADO an4=F. Garcia, Ch'air tra Douglas Rademacher, Pro-Tem can P. Conway Mike Freeman rbara Kirkmeyer cc.' PareAr%si ) 8- at- 43 2013-2166 BC0044 LICENSE AGREEMENT FOR THE USE OF FORMER WELD COUNTY GARAGE PARKING LOT '} THIS LICENSE AGREEMENT, made and entered into this jday of Avg 5 f , 20B, by and between the County of Weld, a political subdivision of the State of Colorado, whose address is P.O. Box 758, 1 150 O Street, Greeley, Colorado 80632, as Licensor, and ('%ele lilt/lei/aid y , whose address is 1n( Qt' Ave_ eteeley Co &Th&3 ,as Licensee. WITNESSETH: WHEREAS, Licensor is the owner of a parking lot on property formerly occupied by the Former Weld County Garage car dealership, located on the southwest corner of the intersection of 8th Avenue and 10th Street in Greeley, Colorado, hereinafter referred to as "the Former Weld County Garage Parking Lot," and WHEREAS, Licensee desires to hold an event in the Former Weld County Garage Parking Lot on (Date) -2y, 13 , between the hours of 12'o I Awl and Mitfr ejzl- , and WHEREAS, the scheduled event will consist of the following: (Describe event) Cars(7vL.-> aAt( 1-tW,,It/ Fe.>k: . Lc t1( Lye c:., -j vend°(5_Lue %t't0lr' `..)i- lraounce laog,Ses and P r• 4- i .t 5 A Foe ,vt 1 v)ec)'4 Cie_P6r{-C. - Le� ec51 and pc5,acA%r ( r eei exact vakt[_to•: S. 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 Former Weld County Garage Parking Lot 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 Former Weld County Garage Parlcing Lot 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 Page 1 of 3 Pages 2013-2166 M13 the Event. A damage deposit of $ /0i has been received by Licensor for the purpose of covering any possible damage that may occur during the course of the Event. b. To indemnify and hold harmless Licensor and Weld County, Colorado, 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 $600,000, 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 Former Weld County Garage Parking Lot 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 permitted 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. Page 2 of 3 Pages 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 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: -�,1° ''9' -"•BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY CLERK TO THE BOARD By: By: William F. Garcia, Chairman Licensee: AUG 052013 /LA-IA4v/4e/ ebb SUBSCRIBED AND SWORN to before me this day of , 20 , by --1—Ci.ortin 1A(a*v, WITNESS my hand and official seal My commission expires: Notary Pubic TAMMY LEE WATERS = NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124078542 MY COMMISSION EXPIRES DECEMBER 5, 2016 Page 3 of 3 Pages ACORa CERTIFICATE OF LIABILITY INSURANCE DATE (MMIYI 2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ken Maddis Insurance 7955 E Arapahoe Ct #3400 Centennial Co 80112 INSURED ._.... Vineyard Christian Fellowship 1015 9th Ave Greeley Co 80631 CONTACT Ken Maddis NAME: PHONE 303-052-4663 FAX N' t : Ni:... 303-222-1958 .IAJC — — -- _aA/C, E-MAIL ken@^kenmaddis.com ADORF,SS V INSURER(S) AFFORDING COVERAGE INSURER A : GuideOne Insurance Company __ _. - - -- - INSURER B : INSURER C: INSURER O : INSURER E : HNCR -------•---------.._ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __ ` - TYPE OF INSURANCE :ADDL.S`UBR; i POLICY EFF POLICY EXP I LIMITS ; INSR ;4WD: POLICY NUMBER (MM/DC/TYYTI , (MM,vofn'rrj A I I I GENERAL LIABILITY I X I COMMERCIAL GENERAL LIABILITY mm 1 I CLAIMS -MADE �_' OCCUR 1282661 10810712013 i 08/07/2014 I I EACH OCCURRENCE I $ 1,000,000 DAMAGE TO RENTED1,000,000 PREMISES (Earrrerre) S i MED EXP (My ono person) i S 15,000 I i PERSONAL A ADV INJURY I GENERAL AGGREGATE i $ 1 ,000,000 J i $ 3,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: i POLICY JECT �. LOC I i PRODUCTS - COMP/OP AGG I S 3,000,000 5 AUTOMOBILE LIABILITY ANY AUTO I' I ALL OWNED I 1 SCHEDULED 1._1�.� AUTOS F-- J NON-O'NNED I-1 HIRED AUTOS I : AUTOS I I Uat+!B1NEOISINGLE LIMIT $ BODILY INJURY (Per person) ; S BODILY INJURY (Per ace nq', S I PROPERTY DAMAGE S i (Per accident.) •S •: UMBRELLA LIAR EXCESS LIAB i : DED RETENTIONS OCCUR CLAIMS -MADE' I I EACH OCCURRENCE S AGGREGATE — S ---'-----.---'—-------- -. ._ S ._. 'WORKERS COMPENSATION I ) AND EMPLOYERS' LIABILITY YIN , ANY PROPRIETOR'PARTNLWEXECUIIVL ! N ) A ! IOFFICEHIMEMBER EXCLUDEDi (Mandatory in NH) II yes, dercobe under DESCRIPTION OF OPERATIONS below ) i WC STATU- '; OTH. _-..:.1ORY .: LIMITS.. ER. E L. EACH ACCIDENT S _ S_ S E.L. DISEASE - EA EMPLOYEE I E.L. DISEASE - POLICY LIMIT I I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101. Additional Remarks Schedule. if more space is required) form cg2011, additional insured - managers or lessors of premises, is attached CERTIFICATE HOLDER CANCELLATION Weld County Licensor, and their employees and officers P.O. Box 758. 1150 O Street Greeley Co 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ken Maddis Agent 05-643 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Vineyard Christian Fellowship Policy Number: 1282661 ADDITIONAL INSURED -- MANAGERS OR LESSORS OF PREMISES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): see below 2. Name of Person or Organization (Additional Insured): see below 3. Additional Premium: n/a (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. Premises leased: SW corner of the intersection of 8th Avenue and 10th Street in Greeley, Colorado, hereinafter referred to as "the Former Weld County Garage Parking Lot." Additional Insured Weld County Licensor and their employees and officers P.O. Box 758 1150O St Greeley, CO 80632 Regarding Church car show held 8-24-13. Copyright, Insurance Services Office, Inc., 1994 CG 20 11 01 96 Page 1 of 1 DOWNTOWN SUBWAY LLC #57226 Weld County Date Type Reference 8/1/2013 Bill feu4- Tiaa"3 Original Amt. 100.00 8/1/2013 Balance Due Discount 100.00 Check Amount FMS BANK deposit for use of parking lot - 8th Ave. & 10th St Wazen Illuminations LED Lighting Specialists Nate Webb Co -Owner nate®blazenlightsmm www.Blazen Lights.com 970-980-6725 Direct 800-980-4155 Office 800-980-4154 Fax 001181 Payment 100.00 100.00 100.00 Hello