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HomeMy WebLinkAbout890408.tiff RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY SHERIFF AND CLOVERLEAF KENNEL CLUB AND AUTHORIZE CHAIRMAN TO SIGN 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 between the Weld County Sheriff and Cloverleaf Kennel Club for the use of the paved parking lot area at the Club ' s greyhound racing facility for driver training, and WHEREAS , the term of said Agreement is from May 15 , 1989 , to December 31 , 1989 , with the further terms and conditions being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between the Weld County Sheriff and Cloverleaf Kennel Club be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 10th day of May, A.D. , 1989 . c � BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder G,// `� and Clerk to the Board C.W. Kirby, Ch rman EXCUSED BY: Jac line Johnson, Pro-Tem eputy County Clerk Aek£ yartt APP OVED AS TO FORM: ene R. Bra ner ,George Ke er' County Attorney a 'Y Gord. ' o ''' r 890408 THIS AGREEMENT, made and entered into this 10th day of May , 1989, by and between the County of Weld and the Weld County Sheriff, hereinafter referred to as "County", and the Cloverleaf Kennel Club, hereinafter referred to as the "Club": WHEREAS, the County is desirous of entering into a contract with the Club for the use of the paved parking lot area at the Club's greyhound racing facility at 2527 West Frontage Road, Loveland, Colorado for driver training, and, WHEREAS, the Club is agreeable to allowing the use of the paved parking lot area on the terms and conditions hereinafter set forth, and, WHEREAS, such contracts are authorized and provided for by the provisions of 30-11-406, Colorado Revised Statutes as amended, 1973, and so provided for by the Weld County Home Rule Charter, Section 3-8, NOW, THEREFORE, pursuant to the terms of the aforesaid statute and Weld County Home Rule Charter, it is agreed as follows: 1. That the County, by way of the Sheriff, may have access to the paved parking lot area of the Club upon prior arrangements of the Club hereinafter set forth: a. Access will be restricted to days that will not conflict with Club operations b. Prior permission will be obtained a minimum of two weeks in advance of each use for a specific period of time. 2. The County shall furnish and supply all supervision, equipment, agents and employees to conduct driver training. 3. The County agrees, at its own expense, to procure adequate insurance against and to indemnify, defend and hold the Club harmless against any and all of the following types of claims: a. Claims by any County employee for compensation, fringe benefits of any kind whatever (including, but without limitation, insurance of any kind or reimbursement of medical expenses) or indemnification for tort claim damages or similar claims for damages. b. Claims by any other party for damages for an alleged unlawful act or omission, negligent or willful, on the part of any County employee acting pursuant to this agreement. 4. In the event equipment or property belonging to the Club is damaged from the extraordinary driver training use, the Club may make a claim for the damage to the County. The County may reimburse for actual damages as determined by the County's insurance adjuster for damage incurred in connection with the extraordinary driver training use. The County, however, will not 890408 be responsible for normal wear and tear associated with maintenance required of the Club equipment or facilities. 5. This Agreement shall be effective from May 15, 1989 to December 31, 1989. 6. The County, by way of the Sheriff, agrees to pay $50 for the use of the Club parking lot area for the term of this Agreement. The fee is due and payable in the first month of the contract term and is not refundable if the contract is sooner terminated. 7. This Agreement may be renewed for a 12 month period each calendar year beginning January 1 upon written concurrence by both parties of the terms and conditions of the renewed Agreement, including any revision of rates and charges agreed upon prior to December 31 of each calendar year. Otherwise, this Agreement will automatically terminate by its own terms. 8. This Agreement may be terminated by either party at any time providing that the party seeking to terminate the agreement provide the other party 30 days written notice. IN WITNESS WHEREOF, the Club has caused this Agreement to be signed by a duly authorized representative of the Club and the County of Weld, by the County Board of Commissioners, has caused these present to be subscribed by the Weld County Sheriff and the Chairman of said Board and the seal of said Board to be affixed thereto and attested by the Clerk of said Board, all on the day and year first above written. CLOVERLEAF KENNEL CLUB BOARD 0 WELD COUNTY COMMISSIONERS ATTEST: „t) erk, B and of Chairman ��ounty ommissioners WELD COUNTY SHERIFF'S OFFICE shypflec;;L 890408 Hello