HomeMy WebLinkAbout910557.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF GEISERT POND 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 a License Agreement between the
City of Greeley and Weld County, commencing and ending with the further terms and
conditions being as stated in said License Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said License
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 License Agreement for use of Geisert Pond between the
City of Greeley and Weld County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said License Agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted b the foll wing vote on the 24th day of June, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNd�L0RAD0
Weld County Clerk to the Board
Gord acy, rman
By:
Deputy6theijediA31)
rk 'to the Board Geo a Kennedy, Pro-Tem
APPROVED A FORM:
C o stance L. Harbert
_ dst d ce�
County Attorney C. W. Kir y
W. /Webster --eAtis ".‘
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LICENSE AGREEMENT FOR USE OF GElni1tt atia .
THIS LICENSE AGREEMENT, made and entered into 0?-,1� day of
��i(ll1L , A.D. , 1991, by and between Weld County,
Colorado, by and through the Board of County Commissipners of Weld
County, whose address is 915 Tenth Street, Greeley, Colorado
80631, as First Party, and the City of Greeley, Colorado, by and
through the Greeley City Council, 1000 Tenth Street, Greeley,
Colorado 80631, as Second Party.
WITNESSETH:
WHEREAS, First Party is the owner of a gravel pit commonly known as
the "Geisert Pit" which is located in the Southwest Quarter of
Section 31, Township 6 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, said Pit has filled with water to a depth of approximately
30 (thirty) feet, and
WHEREAS, several departments of Second Party, including Parks and
Recreation, Water and Sewer, and Public Works, have employees
and/or citizens involved in scuba diving, and
WHEREAS, said scuba diving is under the supervision of Paul Wood,
an employee of Second Party, and
WHEREAS, the parties hereto believe that it is in the best interest
of both parties to facilitate the scuba diving activities of the
above stated departments of Second Party by allowing the use
thereof of the Geisert Pond, in accordance with this LICENSE
AGREEMENT.
NOW, THEREFORE, in consideration of the covenants contained herein
and the agreements of Second Party to be performed hereunder and
upon the conditions herein stated, First Party does grant to Second
Party, its successors and assigns, a license to use the Geisert Pit
for the purpose of conducting scuba diving lessons and instruction
by Paul Wood.
The conditions by which Second Party may conduct said lessons and
instruction are as follows :
1 . Second Party shall conduct said scuba diving lessons and
instruction only through the guidance and leadership of
its employee, Paul Wood. Second Party shall provide
evidence of Mr. Wood' s Advanced Open Water Scuba Diving
Instructor License.
E-G- 061 91U5J7
2 . Second Party is only allowed to use the Geisert Pond.
Second Party shall ensure that Mr. Wood informs all of
the students that they are not to dive in the Geisert
Pond on their own (outside of class time) .
3 . Second Party shall conduct scuba diving lessons and
instruction only for employees of Second Party and/or for
students through the Parks and Recreation Department of
Second Party, and shall not withhold such lessons and
instruction from any individual based upon race, sex,
religion, creed or color.
4 . Second Party agrees to refrain from conducting said scuba
diving lessons and other instruction at times when First
Party is conducting mining and/or other operations at the
Geisert Pond, including, but not limited to, dredging,
draining, fill, and cleaning.
5 . Second Party shall provide liability insurance in the
amounts of $1,000,000 . 00 per person/per occurrence naming
"Weld County, Colorado, by and through the Board of
County Commissioners of Weld County, its employees and
agents" as insureds or additional insureds .
6 . Second Party shall keep the Geisert Pit free from any and
all of debris and/or litter which may be generated as the
result of said scuba diving lesson and instruction.
7 . First Party retains the right revoke this license at any
time for any reason. First Party shall give Second Party
written notice of its intent to revoke the this license
at least 15 days prior to the day of such revocation.
Such notice shall be sent to the Second Party at its
address written above, or served upon Second Party in
accordance with the Colorado Rules of Civil Procedures .
8 . Second Party agrees to indemnify and save harmless First
Party, and its employees and agents, on account of any
damage or loss sustain by them or any of them arising by
reason of the conducting of said scuba diving lessons and
instruction at the Geisert Pond, to the limits of
liability set forth in the Colorado Governmental Immunity
Act.
9 . Second Party agrees to protect First Party, and to save
and hold it harmless from any and all third party claims
and damages that said scuba diving lessons and
instruction may directly or indirectly cause, to the
limits of liability set forth in the Colorado
Governmental Immunity Act.
9'0,557
10 . Second Party shall not assign any or all of its rights
under this license without first obtaining written
consent to the assignment from the First Party.
It is mutually understood and agreed that this License Agreement
and all the terms and conditions hereof shall extend to be binding
upon the parties hereto, and their successors and assigns .
EXECUTED in duplicate the day and year first written above.
FIRST PARTY:
WELD COUNTY, COLORADO, by and through
ATTEST: afe#�Ll�j through the Board of County
Commissioners of the County of Weld,
Clerk _to the Board State of Colorado
By: C_OL ,-A-4d-41-50 By:
Deputy CLZerk G . L hairman
SECOND pPARTY:
William Mor on Mayor
ATTEST: APPROVED AS TO SUBSTANCE:
B(53111160.0115eTh
Paul Grattet, City Manager
•
APPROVED AS TO LEGA FO .
By:
Rich d . � rady, City Attorney
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