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Home My WebLink About20050742.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRACTING FOR AND SCHEDULING OF EVENTS HELD IN THE WELD COUNTY GARAGE PARKING LOT AND AUTHORIZE CHAIR TO SIGN - GREELEY DOWNTOWN DEVELOPMENT AUTHORITY 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 Intergovernmental Agreement for Contracting for and Scheduling of Events held in the 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 the Greeley Downtown Development Authority, 822 7th Street, Greeley, Colorado 80631, with 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 Intergovernmental Agreement for Contracting for and Scheduling of Events Held in the 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 the Greeley Downtwon Development Authority, 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 wing vote on the 7th day of March, A.D., 2005. i°®� BOARD OF COUNTY COMMISSIONERS kl� WELD COUNTY, COLORADO ttst I % till Ilk William . J ke, Chair O Clerk to the Board /�/, /, O � eile, Promo T m / BY: G[.u.�c2 i ii r� Deputy Clerk o the Boar CG ( \ David E. Long {/ APP AST • /A EXCUSED Robert D. Masden ounty ttorn y EXCUSED /��/�- Glenn Vaad Date of signature: mar 2005-0742 BC0035 INTERGOVERNMENTAL AGREEMENT FOR CONTRACTING FOR AND SCHEDULING OF EVENTS HELD IN THE WELD COUNTY GARAGE PARKING LOT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this Z5_+Giday of f EJ-ZUt RI ,2005,by and between the County of Weld,a political subdivision of the State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as"Weld County,"with offices located at 915 Tenth Street,Greeley,Colorado 80631,and the Greeley Downtown Development Authority,an urban development authority formed pursuant to the laws of the State of Colorado,hereinafter referred to as"DDA,"with offices located at 822 7" Street, Suite 750, Greeley, Colorado 80631. WITNESSETH: WHEREAS,in 2004,Weld County constructed a parking lot on property formerly occupied by the Weld County Garage car dealership, located on the southwest corner of the intersection of 8' Avenue and 10" Street in Greeley, Colorado, hereinafter referred to as "the Weld County Garage Parking Lot," and WHEREAS, Weld County has been asked by various civic and hobby groups or persons to allow them the use of the Weld County Garage Parking Lot by such groups for gatherings after normal County business hours (7:30 a.m. to 5:30 p.m., Monday through Friday), and WHEREAS,DDA is willing to schedule the use of the Weld County Garage Parking Lot and contract with user groups for the proper use thereof, utilizing a standard contract form, and WHEREAS, this Intergovermental Agreement is authorized by C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)(1). NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM. The term of this Intergovernmental Agreement shall be from the date first written above to and until one year thereafter, renewable automatically for successive one-year terms, until terminated by either party upon providing to the other at the address set forth below written notice of termination received at least(30) days prior to the anticipated date of termination. Page 1 of 4 Pages Pees--D :`f 2. CONTRACTING FOR AND SCHEDULING OF EVENTS HELD IN THE WELD COUNTY GARAGE PARKING LOT. DDA agrees to contract for and schedule events held in the Weld County Garage Parking Lot, pursuant to the following requirements: a. All events shall take place only after normal County business hours (7:30 a.m. to 5:30 p.m., Monday through Friday). b. All groups or persons scheduling events shall be expected to execute a standard form License Agreement, similar to that attached hereto as Exhibit "A." c. No group or person shall be refused the opportunity to schedule an event based upon status or class protected under State or Federal law. d. A group or person scheduling an event shall be required to remove trash and debris upon completion thereof; agree to pay for any damage which may occur during the event to the signs, fixtures and asphalt; and agree to indemnify and hold harmless Weld County and DDA from any damages the group or person may suffer arising out of the holding of the event in the Weld County Garage Parking Lot. e. A group or person scheduling an event shall be required to provide prior to the event a certificate of insurance covering liability in the amount of$400,000,naming Weld County, DDA, and their employees and officers as additional named insureds. f. No cost shall be charged for the scheduling of an event. g. The Executive Director of the DDA shall have sole discretion to deny any group or person the scheduling of an event if the Executive Director believes such event would be likely to result in damage to the signs, fixtures and asphalt in the Weld County Garage Parking Lot. The Executive Director may, in his or her discretion, require a reasonable damage deposit to cover any possible damage that may occur during the course of the event. h. DDA agrees to notify the Weld County contact person at the address set forth below of all scheduled events prior to their taking place. 3. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included Page 2 of 4 Pages in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. 4. NO AGENCY RELATIONSHIP. By and through this Intergovernmental Agreement,no agency relationship has been created or otherwise exists between Weld County and DDA. DDA is acting as an independent contractor for the purpose of performing the ministerial tasks of contracting for and scheduling events to be held in the Weld County Garage Parking Lot. 5. MODIFICATION AND BREACH. This Intergovernmental Agreement contains the entire Intergovernmental Agreement and understanding between the parties to this Intergovernmental Agreement and supersedes any other Intergovernmental Agreements concerning the subject matter of this transaction, whether oral or written. No modification,amendment,novation,renewal,or other alteration of or to this Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Intergovernmental Agreement shall be deemed waived or excused,unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 6. NOTICES. All notices required herein shall be mailed via First Class Mail to the parties'representatives at the addresses set forth below: WELD COUNTY: Contact Person: Pat Persichino Address: 915 10`h Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 356-4000, ext. 4234 Page 3 of 4 Pages GREELEY DOWNTOWN DEVELOPMENT AUTHORITY: Contact Person: Beverly Abell, Executive Director Address: 822 76 Street Greeley, CO 80632 Phone: (970) 356-6775 IN WITNESS WHEREOF,the parties hereto have signed this Intergovernmental Agreement of reSCHA2y , 2005. I _ ' ' '(/6/G/� COUNTY OF WELD, STATE OF 1861 t" ''r - '‘,� COLORADO, by and through the Board of a+'` ) $/ to the Board County Commissioners of Weld County a By: 1-277?A.--,' Deputy Clerk o the Board William H. Jerke, Chairman MAR Q 7 2006 GREELEY DOWNTOWN DE V ELOPMENT AUTHORITY /B : ( Bever bell, Executiv Director Page 4 of 4 Pages ,s?C'CS-07%4g LICENSE AGREEMENT FOR THE USE OF WELD COUNTY GARAGE PARKING LOT THIS LICENSE AGREEMENT, made and entered into this day of 20 , by and between the Greeley Downtown Development Authority, whose address is 822 7th Street, Greeley, Colorado 80631, as Licensor, and whose address is , as Licensee. WITNESSETH: WHEREAS, through an Intergovernmental Agreement between Weld County, Colorado, and the Licensor, Licensor is performing the ministerial task of contracting for and scheduling events to be held in the parking lot on property formerly occupied by the Weld County Garage car dealership, located on the southwest corner of the intersection of 8`h Avenue and 10"' Street in Greeley, Colorado, hereinafter referred to as "the Weld County Garage Parking Lot," and WHEREAS, Licensee desires to hold an event in the Weld County Garage Parking Lot on (Date) , between the hours of and , and WHEREAS, the scheduled event will consist of the following: (Describe 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 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 Weld County Garage Parking Lot shall occur during the Event. Licensee understands, agrees and acknowledges that it is responsible and liable for any such damage, Page 1 of 3 Pages EXHIBIT "A" including, but not limited to, damage caused by participants or attendees at the Event. A damage deposit of$ 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$400,000, 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 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 Page 2 of 3 Pages 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 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: GREELEY DOWNTOWN DEVELOPMENT AUTHORITY By: Beverly Abell, Executive Director Licensee: SUBSCRIBED AND SWORN to before me this day of , 20_, by WITNESS my hand and official seal Notary Public My commission expires: Page 3 of 3 Pages Hello