HomeMy WebLinkAbout20031537 RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND
AUTHORIZE CHAIR TO SIGN - ROBERT GRAND
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 Robert Grand, commencing upon full execution,
and ending in conjunction with the end of Mr. Grand'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 Robert Grand 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 3rd day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeye , Chair
Weld County Clerk to the Board • P
ELa
can . C ay, Pro-Tem
BY:
Deputy CI rk to the Boai
lliam F. Ga is
APP AST • U EXCUSED
David E.bBYe&
k. u
Date of signature: /D - 5-//
C , ?L, 2011-2589
-3-C.2- I I BC0042
AGREEMENT FOR USE OF WELD COUNTY PROPERTY
BY THE GREELEY INDEPENDENCE STAMPEDE
THIS AGREEMENT, made and entered into this /1 day of , 2003,
by and between the County of Weld, State of Colorado, by and through t Board of County
Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado
80631, hereinafter referred to as "County," and the Greeley Independence Stampede Committee,
whose address is Island Grove Regional Park, 600 North 14th Avenue, Greeley, Colorado 80631,
hereinafter referred to as "Stampede."
WITNESSETH:
WHEREAS: Stampede annually provides various entertainment and activities for persons
attending the Greeley Independence Stampede Rodeo, and
WHEREAS, there is a need for public parking for such entertainment and activities, and
WHEREAS, County owns property located generally within the Weld County Business
Park, Greeley, Colorado, and
WHEREAS, Greeley and Stampede agree that the County owned property is an
acceptable site for public parking for said entertainment and activities 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 entertainment and activities
sponsored by the Stampede during the Independence Stampede Rodeo. The initial
date to which this Agreement shall apply shall be for the Stampede entertainment
and activities in June and July, 2003; however, the Agreement shall apply to the
entertainment and activities for every Independence Stampede Rodeo thereafter
until and unless this Agreement is terminated pursuant to the termination
procedures set forth herein.
2. USE OF COUNTY OWNED PROPERTY: County hereby grants to Stampede
the right to provide public parking for its annual Greeley Independence Stampede
Rodeo entertainment and activities on the County owned property located
generally within the Weld County Business Park, Greeley, Colorado. Such public
parking shall be conducted thereon in the areas and under those rules which are
determined by the County. County consents to the Stampede's contracting with a
private company to conduct the public parking, as long as said parking is
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(9O03- /5317
conducted in accordance with the terms and conditions set forth herein.
3. CONDUCT OF PUBLIC PARKING: Stampede agrees to conduct the public
parking in such a manner as to provide for the safety of all persons. The standards
by which such safety shall be measured will be those standards which are
customary for the conducting of public parking facilities. Stampede shall at all
times conduct the public parking in accordance with applicable federal, state,
county and municipal law.
4. INSURANCE: Stampede 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
owned property pursuant to the terms and conditions set forth herein. Stampede
agrees to provide to County evidence of such insurance at least 14 days prior to
the start of the Independence Stampede Rodeo.
5. TERMINATION: This Agreement maybe terminated by either party hereto by
providing written notification to the other party at least 60 days prior to June 25th
of each year in which the Agreement extends.
6. CLEAN UP: Stampede agrees to remove from the County owned property any
and all trash, equipment, or items either generated by or used in the course of the
entertainment and activities. Said removal shall be no later than July 10th of the
year in which the Agreement extends.
7. FUNDING: No portion of this Agreement shall require County to fund part or all
of the Stampede's entertainment and activities.
8. NON-ASSIGNMENT: This Agreement shall not be assignable.
9. 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.
10. 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
Page 2 of 3 Pages
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.
11. 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
IT WITNESS WHEREOF, the parties have hereunto set their hands and seals this 16th
day of June , 2003.
ATTEST: f' COUNTY OF WELD, STATE OF
����1/ a COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
BY: �r it OF T COUNTY OF WELD
Deputy Clerk to 8 :( kv
® tRr
BY
QUNI David E. Long, Chat a (06/16/2003)
GREELEY PEtDE CE STAMPEDE
COMMIT'(
BY: '
TITLE: C 2 C,
SUBSCRIBED AND SWORN to before me this /A day of %11)/(f-E__ , ,
2003.
WITNESS my hand and official seal: ` �,AllatfuNotary Pu he
My c m son xptres:
C:\W INNT\Temp\StampedeParking.wpd
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