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HomeMy WebLinkAbout20061551.tiff RESOLUTION RE: APPROVE AGREEMENT FOR USE OF WELD COUNTY PROPERTY FOR EVENT PARKING AND AUTHORIZE CHAIR TO SIGN - TRIANGLE CROSS RANCH, INC. 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 Use of Weld County Property for Event Parking between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Triangle Cross Ranch, Inc., 36045 WCR 5, Eaton, Colorado 80615, for an event to be held June 17, 2006, 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 Use of Weld County Property for Event Parking between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Triangle Cross Ranch, Inc., 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 12th day of June, A.D., 2006. ]Eta BOARD OF OUNTY COMMISSIONERS =_ WELD C TY, COLORADO ATTEST: '' � r� K ' •�,�:`� �� M. J. le, Chair Weld County Clerk to th + •F . �~ cb„\ cck_ David E. Long, Pro-Tem BY. U "'L A__ De. ty Cler o the Board Wil H. Jer AP AS TO F . �2�_Robert D. Masd n unty At orney Date 7 '5t0(� Glenn Vaaa of signature: 2006-1551 PR0028 a MEMORANDUM 1 CTO: Clerk to the Board DATE: 6/7/2006 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Proposed Agreement for Event Parking at Galeton Grader Shed. The appropriate documentation is attached. Enclosures pc: Jeff Jerome, Operations Manager George Van Dorin, Motor Grader Supervisor M:AFrancieAAgenda Item.doc 2006-1551 AGREEMENT FOR USE OF WELD COUNTY PROPERTY 891 FOR EVENT PARKING THIS AGREEMENT, made and entered into this 23`1 day of May, 2006, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Triangle Cross Ranch Inc., whose address is 36045 Weld County Road (WCR) 51 Eaton CO 80615, hereinafter referred to as "Event Organizer." WITNESSETH: WHEREAS: Event Organizer is organizing an event described as The Bluegrass Gospel Festival, hereinafter referred to as the "Event," to be held on June 17, 2006 on property located at 36045 WCR 51, and WHEREAS, there is a need for additional public parking for the event, and WHEREAS, County owns property located at 24852 1st Street, Galeton, CO, hereinafter referred to as "County Property," which is adjacent to the property wherein the Event is to be held, and WHEREAS, Greeley and Event Organizer agree that the County Property is an acceptable site for public parking for said event 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: This Agreement shall apply solely to the Event sponsored by the Event Organizer. 2. USE OF COUNTY PROPERTY: County hereby grants to Event Organizer the right to provide public parking for the Event on the County Property. Such public parking shall be conducted only in the areas and under those rules which are determined by the County, as set forth in the attached Exhibit "A," generally according to the standards customary for the conducting of public parking facilities, and in accordance with any applicable federal, state, county and municipal law. 3. INSURANCE: Event Organizer agrees to provide to County insurance coverage in the amount of$150,000 per person, $600,000 aggregate, which names "the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, its officers and employees," as insured or additional insured. Such insurance shall only be for the conducting of public parking on County Property, pursuant to the terms Page 1 of 3 Pages 1 111111 11111 11111 1111111 111 111111 111111 III 1111 111 1111 3403891 07/18/2006 02:36P Weld County, CO 1 of 4 R 0.00 U 0.00 Steve Moreno Clerk & Recorder and conditions set forth herein. Event Organizer agrees to provide to County evidence of such insurance at least 14 days prior to the Event. 4. TERMINATION: This Agreement may be terminated by either party hereto by providing written notification to the other party at least 60 days prior to the Event. 5. CLEAN UP: Event Organizer agrees to remove from the County Property any and all trash, equipment, or items either generated by or used in the course of the parking for the Event. Said removal shall be no later than ten (10) days following the Event. 6. COST/FUNDING: The use of the County Property as described herein shall be at no cost to the Event Organizer. No portion of this Agreement shall require County to fund any part of the Event. 7. NON-ASSIGNMENT: This Agreement shall not be assignable. 8. 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. 9. 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. 10. 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. Page 2 of 3 Pages 111111111111111111111111 1111111111111111111111111111111 3403891 07/18/2006 02:36P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IT WITNESS WHEREOF, the parties have hereunto set their hands and seals this 12±' day of L1 , 2006. ATTEST: ea 1, , COUNTY OF WELD, STATE OF I / LORADO, BY AND THROUGH THE / / I : ' ti OF COUNTY COMMISSIONERS t '�%HE COUNTY qF WELD By: i k x • ,; De• ty Cle to the Board .t • soce M J. eile, Chairman JUN 1 2 2006 EVENT ORGANIZER (� By: c Juan Kler Triangle Cross Ranch SUBSCRIBED AND SWORN to before me this �� day of 92C,v/, 2006. (J WITNESS my + �.:�#of r . .;al: !t10TA$• % r : • Notaz ublic p C.: My commissi•' ir( tl \\?f‘x,„_____7,- Pi/ na W on Evan 02/1812010 M:\AGREEMENTS\Event Parking Agr\Event Parking Agr Galeton Shed.doc Page 3 of 3 Pages 111111111111 111111111111 III 111111 111111 III 11111 IIII IIII 3403891 07/18/2006 02:36P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 100t.C—I(-I EXHIBIT "A" Limitations on parking for Triangle Cross Ranch use of Galeton grader shed property owned by Weld County for Bluegrass Gospel Festival on June 17,2006: 1. Limit of 50 cars parked on grader shed property. 2. Entry from north entrance, exit from east entrance. 1 111111 11111 11111 1111111 111 111111 111111 III 11111 1111 III! 3403891 07/18/2006 02:36P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder — . ,Flood & Peterson Ins 6/7/2006 11 :34 PAGE 001/004 Fax Server 1 Flood and Peterson Insurance, Inc. FAX TRANSMITTAL SHEET ATTN: FROM: Danny Weitzel Sandie Chellson COMPANY: DATE: Triangle Cross Ranch 6/7/200611:33:34 AM FAX NUMBER: SENDER FAX NUMBER: 3538666 970-3304867 #OP PAGES INC.COVER: SENDER PHONE NUMBER: 4 970-506-3234 NOTES/COMMENTS: Here is the certificate for the Event Parking at the Bluegrass Gospel Festival effective 6/17/06. Let me know if you need anything else today. Thanks. Sandie The contents of this message sent from Flood&Peterson Insurance,Inc.is confidential,possibly privileged, and intended only for its addressee. If you have received this message in error,you must not disclose,copy, circulate,or in any other way use or rely on the information contained m this message. If you have received this message in error,please contact Flood&Peterson Insurance,Inc.by phone at 970-356-0123. , Flood & Peterson Ins 8/7/2006 11 :34 PAGE 002/004 Fax Server Client 41190 - IE04H2 ACORD.. CERTIFICATE OF LIABILITY INSURANCE �TEont Y"° PRODUCER THS CERTIFICATE IS ISSUED A6 A MATTER OF INFOHIATION Flood 8 Peteaon Ins.Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 57B HOLDER THS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY TEE POLICIES BELOW. 4887 W.18th Street Greeley,CO 80832 INSURERS AFFORDING COVERAGE NAIC s INURED tNEURERA Charity Finn Insurance Triangle Cress Ranch INEDRER B PA.Bet 727 NEWER C Galaten,CO 80642 INSURER D. INSURER E COVERAGES THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED,NOTWITHSTANDING ANY REEVIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAN,THE INSURANCE AFFORDED BY THE POLICES DESCRBED HEREN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAMS. LTR L TYPE OF INSURANCE POLICY NREBR MIININ FFECTIVE 'POLICYEXPIRATION LENS A GENNIALUARUA X6607727B01611ND06 06/01106 06101!07 EACH OCCURRENCE 51,000.000 X COI*ERCIAL aMERY-LAMM An AGNiali"T:°,.el '100.000 CLAIM LNOE Ti OCCUR MED EJP DIN ms pen) 35,000 PERSONAL a ADV INJURY 51.000.000 GENERAL AGGREGATE $1,000.000 AGGRE GATE EGATE LIMIT APPLIES PER PRODUCTS•COMROP AGG 51,000.000 7 n nLOC ANONELE LESLEY COMBINED ENGLE LIMIT 5 ANY ALTO IEssodded) ALL GAPED AUTOS BODLY INJURY SOMEDUIED AUTOS (Pr Res PM HIRED AUTOS BODILY INJURY NOSONNED AUTOS IPr soddM) S PROPERTY DAMAGE (Pr ENdrd) 'MINN LAMM AUTO OILY-EA ACCIDENT S 1 ANY ALTO p6RTt W EA ACC S ALTO OILY: AGO,S EXCESMYERaLA LAMLETY EAo1 OcCRRENCE S 7 OCCUR I]CLAUS WOE AGGREGATE $ R--------IIII DEDUCTIBLE RETENTION S 3 WORKERS COMPENSATION NO I TWC Magi I IDm EIPLCMEP P UMW( E.L.EACH ACODFNT ANY PROPRIETOiPARTNEREIIECIRIVE S CAyPIIOERMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE S ( R dsabe under SPECIAL PROVISIONS Sow EL.DISEASE.POLJCY LIMIT $ OTHER 0UOEPTNN CP OPERATIONS/LOCATION IYMIO.YI INCLUSION ADDED eY LINOREEENT/WUCML PROVISOES Certificate holder is named as additional insured in regards to the event for the The Bluegrass Gospel Festival to be held on June IT,2006 for the evert parking. The following cancellation conditions always apply: (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD NW OF THE ABOVE DESCRIBED PDXES E CANCELLED BEFORE THE EW ATION Board of County Commissioners of wmnUREOF.THE MIN[NUM VAIL BIEAVORTO NAIL _ DAYS WRITTEN the County of Weld NOTICE TOTIIE CERTIFICATE HOLER NAMED TO THE LIFT.BUT PALM TO DO$0 NALL 915 10th St REIM NO OILIOATIE ORLIAMTTY OF ANY KM UPON TIEINEMER REAGEIGEOR Greeley,CO 80631 REPRE®WATWIt AUTHORIZED I@IEEENT WE Pleaet, . 454.42JAOsj r.+a,...,oA P,z•re. ACORD a(a0t108)I d a €348813 SXC a ACORD CORPORATION 1966 Flood & Peterson Ins 6/7/2006 11 :34 PAGE 003/004 Fax Server IMPORTANT If the cedlicate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does nd confer rights to the ceMllcate holder in lieu d such endomemert(s). If SUBROGATION IS WAIVED, subject to the terms and conditions tithe policy,certain booties may require an endorsement. A atatemerl on this certificate does not confer rights to the certificate holder in Ieu of such endorsemerl(s). DISCLAIMER The Certyirate elInsurance on the reverse side d this form does nd constitute a edtract between the issuing Insurer(s), authorized represertattve or producer,and the militate holder, nor does it affirmatWey or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC0N0 WS(MOWN) 2 d 3 #348013 Flood & Peterson Ins 6/7/2008 11 :34 PAGE 004/004 Fax Server r •10 days for nonpaymsnt of premium AM873.3(8001100) 3 of3 0348813 Hello