HomeMy WebLinkAbout20031736.tiff Sent By: OFFICEMAX 1090 LOVELAND; 5930022; May-13-03 13:16; Page 1
AGREEMENT FOR ACCESS TO CLERK& RECORDERDATA BASE
THIS AGREEMENT, dated this2°1Hay of May ,2033 ,by and between
LoneTree Energy, Inc. ,whose address is 621 17th Street, Suite 2501, Denver. CO 80293
hereinafter referred to as "User"; Weld County Clerk&Recorder, r1'1
hereinafter referred to as "Clerk &Recorder"; and Weld County, Colorado by and through the
Board of County Commissioners of Weld county,hereinafter referred to as "County".
WITNESSETH:
WHEREAS,County operates computer facilities containing General Records and Real
Estate stored on Clerk&Recorder's "ICRTS" data base, and
WHEREAS,User desires to utilize the services of County's computer facilities and make
inquiries and print requests to the Clerk &Recorder's "TCRIS" data.base("the System") for
General and Real Estate Records.
NOW, THEREFORE, in consideration of the promises and covenants contained herein,
and for other good and valuable consideration, sufficiency as hereby acknowledged, the County,
Clerk &Recorder, and User agree as follows:
1. USE OF FACILITIES
County agrees that it will provide User the right to inquiry access the System for
General Records and Real Estate located in Weld County, Colorado, and to print
documents User desires at no additional charge to that detailed in paragraph 8,
below. In no event shall County or Clerk&Recorder be responsible or liable for
any incidental, consequential, or special damages resulting from any delay or
failure to perform under this Agreement.
2. SUSPENSION OF SERVICES
County and Clerk & Recorder shall not be liable or deemed in default for any
delay or failure in the performance of this Agreement resulting directly or
indirectly from any cause, including, but not limited to, computer down time,
reformatting, and file updates. County and Clerk&Recorder specifically reserve
the right to temporarily suspend access to the System at any time for any reason.
3. DISCLAIMER OF WARRANTY
County, Clerk &Recorder, and Eagle Computer Systems, Inc., do not warrant or
guarantee the accuracy or correctness of any information furnished to User
pursuant to this Agreement. User agrees that any such information or data shall
be used or relied upon only at the risk of User. User agrees to indemnify and hold
harmless County, Clerk &Recorder, and Eagle Computer Systems,Inc., their
elected officials, officers, employees, and servants from any liability, claims, loss,
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00 : / C e p AC J t__ 2003-1736
Sent By: OFFICEMAX 1090 LOVELAND; 5930022; May-13-03 13:16; Page 2
damages, injury,costs and attorneys fees arising out of the procuring, compiling,
collecting, interpreting, or communicating of such data or information to User.
As to said information, or any computer programming or other software products
which may be supplied by County, Clerk& Recorder, and Eagle Computer
Systems,inc., under this Agreement, there are NO WARRANTIES,EITHER
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no
event shall County, Clerk & Recorder, or Eagle Computer Systems, Inc.,be
responsible for any incidental, consequential, or special damages arising out of
the use of data base information furnished herein.
4. PROPRIETARY RIGHTS
The System has been produced by Eagle computer Systems,Inc., for use by
County and Clerk&Recorder at considerable expense. The System constitutes
proprietary property and trade secrets of Eagle Computer Systems, Inc., County,
and Clerk&Recorder, whether or not any portion thereof is or maybe validly
patented or copyrighted. All proprietary rights in the System shall at all times
remain with Eagle Computer Systems, Inc., County, and Clerk&Recorder, and
no proprietary rights hereby transfer to User.
Furthermore,Titer shall not reproduce by print, magnetic, electrical, optical, or
other means any portion of the System or its components without the express
written permission of Eagle Computer Systems, Inc., County, and Clerk&
Recorder. These three entities shall remain the sole owners of the computer
programs and system and at no time shall User have the right to license,
sublicense, assign, sell,copy, or otherwise make available to other persons or
institutions part or all of the System.
5. INDEMNIFICATION AND NOTICE OF DISCLOSURE
In addition to containing public record information, a substantial amount of
information stored in the County's data storage facility is confidential and not
subject to unauthorized disclosure. Many of the data processing programs,
processes, or other software products in the possession of County are confidential
and may he protected by copyright, trade secret, or other proprietary right and are
not subject to unauthorized disclosure. User agrees to indemnify and hold
harmless County, Clerk & Recorder, and Eagle Computer Systems, Inc., their
elected officials, officers, agents,and employees from all liability, claims,
damages, and expenses, including attorneys fees, arising out of the retrieval or
disclosure of any information not authorized for retrieval under paragraph 1 or
failure to comply with any provision of this Agreement. This indemnity shall
survive the termination of this Agreement.
In the event User obtains access to any infomiation not authorized for retrieval or
any computer programs,process, or other software in the possession of County or
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Clerk &Recorder, User shall promptly give notice of such fact to Clerk&
Recorder and County. User shall promptly return or destroy such information or
material as requested by County or Clerk &Recorder and shall provide County or
Clerk&Recorder with the names and addresses of all persons known to User
who had access to or acquired knowledge of said information or material.
6. COMMENCEMENT OF SERVICES
Services to he performed under this Agreement shall commence on the date this
Agreement has been executed by both parties and shall continue until terminated
pursuant to paragraph 7, below.
7. TERMINATION
Failure of User to comply with any provision of this Agreement shall be cause for
immediate termination of this Agreement by County or Clerk&Recorder. This
Agreement may be terminated by either of the parties at any time upon 30 days
written notice to the other party. This Agreement shall continue until terminated
by either of the parties. User understands and acknowledges that this Agreement
shall be in effect from its date of signature to and until such time as County and
Clerk &Recorder develop software capable of enabling the monitoring and
charging of fees for printouts of documents from the System_ At such time as this
Agreement is terminated, User shall not be entitled to the return or refund of any
or all of its payment made pursuant to paragraph 8, below.
8. PAYMENT TO COUNTY
Payment to County for services under this Agreement shall betty User gn the date
of signature hereunder. Payment shall he a flat fee of$300.00 wh"'lot"� ee shall
not be returnable or refundable if this Agreement is terminated pursuant to the
provisions of paragraph 7, above.
9. EQUIPMENT
User shall provide its own computer hardware and modem(s) for interface to the
System.
10. INDEPENDENT CONTRACTOR
County and Clerk&Recorder are independent contractors and nothing contained
herein shall constitute or designate County, Clerk&Recorder, or any of their
employees or agents as agents or employees of User.
11. ATTORNEYS FEES AND COSTS
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In the event that any action is filed in relation to the payment of fees for services
provided under this Agreement,the unsuccessful party in the action shall pay to
the prevailing party,in addition to all other sums that either party may be called
upon to pay,the prevailing party's costs and reasonable attorneys fees.
12. NOTICES
Any notice required to be given by this Agreement shall be considered delivered
upon mailing,postage prepaid, to the party as appropriate, unless otherwise
provided herein,addressed as follows:
COUNTY:
Director of Information Services
915 Tenth Street
PO Box 758
Greeley, CO 80632
CLERK&RECORDER:
Weld County Clerk& Recorder
1402 N. 17th Avenue
Greeley, CO 80631
USER: LoneTree Energy, Inc.
621 17th Street, Suite 2501
Denver, CO 80293
13. ASSIGNMENTS
This Agreement is voidable by County or Clerk&Recorder if assigned without
the prior written consent of County and Clerk &Recorder.
14. VENUE
Venue for any and all legal actions regarding the transaction herein shall lie in the
District Court in and for the County of Weld, State of Colorado. This transaction
shall be governed by the laws of the State of Colorado and this Agreement shall
be construed and the legal relations between the parties hereto determined in
accordance with the laws of the State of Colorado.
15. AMENDMENT
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'Phis Agreement constitutes the entire understanding of the parties. This
Agreement cannot be modified or amended and no attempted modification or
amendment shall be valid or binding, unless executed in writing by the parties
hereto. This agreement supersedes all proposals, oral or written, and all other
prior communications between the parties relating hereto- Any waiver by either
party of any requirement of this Agreement shall not constitute a waiver of any
other requirement of this Agreement nor the same requirement on a separate
occasion. User acknowledges that it has read, understands, and is bound by each
and every term hereof and incorporated herein.
The terms and conditions of this Agreement shall prevail not with standing the
variance of any terms and conditions of any purchase order submitted to County.
SIGNED this 30`day of June , 2003 •
ATTEST: faxell0
, >•a%, WELD COUNTY, COLORADO, BY AND
Efts THROUGH THE BOARD OF COUNTY
CLERK TO THE BO• • k‘• COMMISSIONERS OF WELD COUNTY
1-4.47
BY: ._4 w _s/�:. ? BY:
Deputy Clerk to the L8 4 i; David E. Long , Chairman
(06/30/2003)
WELD COUNTY CLER RECORDER
BY:
Steve Moreno
USER: LDNETREE ENERGY, INC.
BY:
e 1 , tee- est ent
SUBSCRIBED AND SWORN to before me this_ • y of Nay , 2003 .
WITNESS my hand and official seal.
l\. L.Z 2d111. 7/..„,otary Public
My commission expires:
My Commission Expires
5/5/2007
Page 5 of 5 Pages
LONEREE
ENERGY,
INC.
May 20, 2003
Weld County Clerk& Recorder
1402 N. 17th Avenue
Greeley, CO 80631
RE: Agreement for Access to Clerk&Recorder Data Base
Ladies and Gentlemen:
Enclosed please find a fully executed and notarized Agreement for Access to Clerk&Recorder Data Base
along with our check#15286 in the amount of$300.00.
Please contact David Meyer at the following numbers to set-up our account.
David Meyer
Home: 970-663-0856
Cell: 303-601-1200
Thank you for your assistance in this matter.
Sincerely,
LONETREE/�,� ENERGY,/Y, INC..
riaget
4an dra J. Ap aca
621 Seventeenth Street, Suite 2501 P.O. Box 775243 P.O. Box 411
Denver, CO 80293 Steamboat Springs, CO 80477 Havre, MT 59501
(303)233-8700 (970) 870-8655 (406) 265-6952
FAX(303) 233-8787 FAX(970) 870-0997 FAX(406) 265-6953
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