HomeMy WebLinkAbout20113005.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND
AUTHORIZE CHAIR TO SIGN -JOYCE SMOCK
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 an Agreement for the Use of Weld
County Property between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Joyce Smock, commencing upon full execution,
and ending in conjunction with the end of Ms. Smock's membership on the Planning
Commission, 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 Agreement for the Use of Weld County Property between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Joyce Smock 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 21st day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: aBarbara `�w / VA-tVv�-
Kirkmeyt it /
Weld County Clerk to the Board EL
can P. w y,, Promo-Tem ' �)-
BY:
Deputy CI k to the Boa y
a • F. Garcia
e /�
APPROVED AS TO FO6M; Q�
David E. Long E-X�1
-Cdunty AttorrJ
Douglas'Rademach
Date of signature: 1a- 7- / /
Lt„ P H S mp jL 2011-3005
- I I BC0042
AGREEMENT FOR USE OF WELD COUNTY PROPERTY
Yit
THIS AGREEMENT, made and entered into this / / -day of o vev✓1. bee- , 2011,
by and between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, whose addr ss is 1150 Q Street, Greeley, Colorado
80631, hereinafter referred to as "County," and Joyce )frrt cC/T
whose address is 7/5 6J'Ce1/4_, / .26e , &v0Veit, 26 g/67,?-7
hereinafter referred
to as `Planning Commissioner."
WITNESSETH:
WHEREAS, Planning Commissioner is a member of the Weld County Planning
Commission, appointed by the Board of County Commissioners of Weld County to such position
on_October 31, 2011 , and
WHEREAS, as part of his or her duties on the Planning Commission, Planning
Commissioner will need to use a County issued i-Pad, which has serial number
GB044RLGZ39 , and
WHEREAS, Planning Commissioner understands and acknowledges that he or she may
use the i-Pad for as long as his or her term as a Planning Commissioner, and
WHEREAS, Planning Commissioner hereby agrees to use the i-Pad according to the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date of signature hereunder until
the end of Planning Commissioner's membership on the Planning Commission.
2. USE OF i-PAD: County hereby grants to Planning Commissioner the right to use the i-
Pad for Planning Commission business only, including taking the machine home, in
accordance with the following rules:
a. To keep the i-Pad clean and neat.
b. To use the i-Pad only for Planning Commission business.
c. To ensure that the i-Pad is safely stored when not in use.
d. To exercise reasonable care with the i-Pad, making certain that it is not dropped
or exposed to water, chemicals, or extreme hot or cold conditions.
Page 1 of 3 Pages
2011-3005
e. To refrain from adding any applications to the i-Pad other than what is needed to
conduct Planning Commission business.
f. To use and maintain the i-Pad in accordance with the manufacturers
recommendations.
3. TERMINATION: This Agreement may be terminated by either party hereto by
providing written notification to the other party at least five (5) days prior to the date of
such termination. In any event, this Agreement shall terminate at the end of Planning
Commissioner's appointed term. Planning Commissioner agrees to return the i-Pad to
County upon termination of this Agreement.
4. COST/FUNDING: The use of the i-Pad as described herein shall be at no cost to the
Planning Commissioner.
5. NON-ASSIGNMENT: This Agreement shall not be assignable.
6. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
7. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This Agreement
contains the entire Agreement and understanding between the parties to this Agreement
and supersedes any other Agreements concerning the subject matter of this transaction,
whether oral or written, present or past. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
8. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities of the parties or their officers or employees may
posses, nor shall any portion of this Agreement be deemed to have created a duty of care
but did not previously exist with respect to any person not a party to this Agreement.
9. DAMAGE TO i-PAD: Any damage to the i-Pad should be immediately reported to the
Planning Department. The undersigned agrees that he or she may be required to pay for
repair or depreciated replacement costs for any damage to i-Pad caused due to
negligence, poor care, or loss.
Page 2 of 3 Pages
IT WITNESS WHEREOF, the parties have hereunto set their hands and seals this 21st
day of November , 2011.
ATTEST: -"5 . COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
By: / OF THE COUNTY OF WELD
Deputy Cl to the Boar ,, -: Z .461. ' B
:4-11tuln 1/49 }�� Barbara Kirkmeyer , Chairrrlan
NOVV 2 12011
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C a a'1�\-1 PLANNING COMMISSIONER
Page 3 of 3 Pages
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