HomeMy WebLinkAbout20120071.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF SOUTHWEST WELD COUNTY
SERVICES BUILDING PONDS FOR WATER RESCUE TRAINING PURPOSES AND
AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT
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
Southwest Weld County Services Building Ponds for Water Rescue Training Purposes between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Mountain View Fire Protection District, commencing upon full execution, 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 Southwest Weld County
Services Building Ponds for Water Rescue Training Purposes between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Mountain View Fire Protection District 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 9th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
' e,,�,�" J� } r
ATTEST:
Sean P. C ay, Chair
Weld County Clerk to the Board -12
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p " 4 `jai -m F. Garcia, Pro-T
BY: .��V �V
Deputy C!�k to the Board A,,;� 1 .• �'s f�I
ra Kirkmeyer
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AP C
DAS "� 'ARM:
�®� ‘' David E. Long
ounty Attorney
Dougl s Rademacher
Date of signature: 1 -31 - /
2012-0071
i - I I- I a BC0043
LICENSE AGREEMENT FOR USE OF SOUTHWEST WELD COUNTY SERVICES
BUILDING PONDS FOR WATER RESCUE TRAINING PURPOSES
THIS LICENSE AGREEMENT, made and entered into day of
, A.D., 2012, by and between Weld County, Colorado, by and through the
Board of County Commissioners of Weld County, whose address is 1150 O Street, Greeley,
Colorado 80631, as First Party, and the Mountain View Fire Protection District, whose address
is 9119 E. County Line Road, Longmont, Colorado 80501, as Second Party.
WITNESSETH:
WHEREAS, First Party is the owner of ponds which are located at the Southwest Weld
County Services Building property at 4209 WCR 24, Longmont, Weld County, Colorado, (the
"WCSW Ponds"), and
WHEREAS, Second Party is in need of a site for conducting training for water rescue
operations, and the WCSW Ponds provide an ideal location to do so, and
WHEREAS, the parties hereto believe that it is in the best interest of both parties to
facilitate Second Party's training operations by allowing the use thereof of the WCSW Ponds in
accordance with the terms set forth in this LICENSE AGREEMENT.
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of Second Party to be performed hereunder and upon the conditions herein stated,
First Party does grant to Second Party, its successors and assigns, a license to use the WCSW
Ponds for the purpose of conducting water rescue training operations.
The conditions by which Second Party may conduct such training are as follows:
1. Second Party shall conduct said water rescue training only through its trained instructors
or those hired by it to do so, and only for Second Party's employees. All of Second
Party's employees, or instructors hired by Second Party to conduct the training, shall be
covered to statutory limits under either Second Party's Worker's Compensation coverage
or comparable provided by the instructors.
2. Second Party shall conduct said water rescue training only after providing First Party
notice of the date and time of such training. Notice shall be provided at least three (3)
days prior to the scheduled date of training to Jay McDonald of the Weld County Public
Works Department, or his designee or successor.
3. Second Party's use of the WCSW Ponds for water rescue training purposes, as set forth
herein, shall be secondary to any use of the WCSW Ponds scheduled by First Party prior
to the notice provided by Second Party as required by paragraph 2, above.
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2012-0071
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4. Second Party shall be responsible for any damage to the WCSW Ponds or its immediately et"
surrounding premises that is not ordinary wear and tear and is specifically caused by First .Secmm
Party's water rescue training.
5. Second Party shall be responsible to keep the WCSW Ponds and its immediately Se
surrounding premises clean and free of debris or trash that may result from or during Firstcet-c
Party's water rescue training.
6. First Party retains the right revoke this license at any time for any reason. First Party
shall give Second Party written notice of its intent to revoke this license at least fifteen
(15) days prior to the day of such revocation. Such notice shall be sent to the Second
Party at its address written above, or served upon Second Party in accordance with the
Colorado Rules of Civil Procedures.
7. Second Party agrees to indemnify and save harmless First Party, and its employees and
agents, on account of any damage or loss sustain by them or any of them arising by
reason of Second Party's water rescue training at the WCSW Ponds, to the limits of
liability set forth in the Colorado Governmental Immunity Act.
8. Second Party shall not assign any or all of its rights under this License Agreement
without first obtaining written consent to the assignment from the First Party.
It is mutually agreed that this License Agreement and all the terms and conditions hereof
shall extend to be binding upon the parties hereto, and their successors and assigns.
EXECUTED the day and year first written above.
FIRST PARTY:
WELD COUNTY, COLORADO, by and through
ATTEST: --;15,0,,,..„7714 through the Board of County Commissioners of the
Clerk to the oard County of Weld, State of Colorado
By: % QCJ By:
Deputy Clerk dol, w%,", Sean P. Conway, Chairman J 2 12
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N �, SECOND PARTY:
MOUNT IN VIEW FIRE PROTECTION
• t O DIST
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Title: 1‘. N4NR Ck.
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