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RESOLUTION
RE: APPROVE AMENDMENT TO 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 an Amendment to License
Agreement for Use of Geisert Pond, dated June 24, 1991, between Weld County,
Colorado, by and through the Board of County Commissioners of Weld County and the
City of Greeley, Colorado, by and through the Greeley City Council, with the
terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
amendment, 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 Amendment to License Agreement for Use of Geisert
Pond, dated June 24, 1991, between Weld County, Colorado, by and through the
Board of County Commissioners of Weld County and the City of Greeley, Colorado,
by and through the Greeley City Council be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 18th day of March, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /0jad WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Geo e Kennedy, Chairman
g.A.42-tlizz....4„.„
BY: Deputy rk to the Boar Constance arbert, Pro-Tern
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APPROVED AS ORM: nti
C. W. Ki b
C County Attorney� Go y
W. H. Webster
920271
PC,/5 S1 EG-, CITY
.
AMENDMENT TO LICENSE AGREEMENT
FOR USE OF GEISERT POND
THIS AMENDMENT TO LICENSE AGREEMENT, made and entered into
this day of /14Q roh , A.D. , 1992, by and between
WELD COUNTY, COLORADO, by and through the Board of County
Commissioners of Weld County, whose address is 915 10th Street,
Greeley, Colorado 80631, and the CITY OF GREELEY, COLORADO, by and
through the Greeley City Council, 1000 10th Street, Greeley,
Colorado 80631.
WITNESSETH:
WHEREAS, the parties hereto entered into a License Agreement
for Use of Geisert Pond on June 24, 1991, a copy of which is
attached hereto, and
WHEREAS, said License Agreement restricted the performance of
scuba diving instruction to that of City of Greeley employee Paul
Wood, and
WHEREAS, the City of Greeley, Colorado, Fire Department also
is in need of using the Geisert Pond for the purpose of performing
training and giving instruction to Greeley fire fighters for the
rescue of persons in bodies of water similar to that at said Pond,
and
WHEREAS, all such training and instruction for City of Greeley
fire fighters will be conducted by and received by employees of the
City of Greeley, Colorado, only, and
WHEREAS, the parties hereto believe that it is in the best
interest of both parties to amend their previous License Agreement
for Use of Geisert Pond to include the provisions as set forth-
below.
NOW, THEREFORE, in consideration of the covenants and
agreements as set forth in the parties ' original License Agreement
for Use of Geisert Pond entered into on June 24 , 1991, and in
consideration of the covenants and agreements as set forth herein,
the parties hereto agree to amend said License Agreement, a copy of
which is attached hereto, as follows :
1 . It is hereby understood and agreed that Section 1, 2, and
3, of said License Agreement shall also authorize scuba diving
training and instruction by and for the City of Greeley, Colorado,
fire fighters .
2 . All fire fighters who participate in the training and
instruction as contemplated in paragraph 1 above and in said
License Agreement shall be employees of the City of Greeley,
o.,INION 1
NO. b .'l'••-• 'Mad a
Colorado, and shall be covered by Workmen' s Compensation Insurance
provided by the City of Greeley, as required by the Colorado
Workmen' s Compensation Act.
3 . The requirements of Section 5 of the License Agreement
shall only apply to the scuba diving lessons and instruction
provided by Paul Wood for the Parks and Recreation Department of
the City of Greeley. The requirements of said Section 5 shall not
apply to the training and instruction by and for City of Greeley
fire fighters as contemplated herein.
4 . All remaining portions of the original License Agreement
for Use of Geisert Pond, a copy of which is attached hereto, shall
remain in effect, including the ability by Weld County, Colorado,
to revoke the License at any time for any reason.
5 . The parties agree that the term of this Amendment shall
coincide with that of the License Agreement and if said License
Agreement is revoked by Weld County, then so shall this Amendment
be revoked through the same action.
It is mutually understood and agreed that this Amendment to
License Agreement and all the terms and conditions hereof shall
extend to and be binding upon the parties hereto, and their
successors and assigns .
EXECUTED in duplicate the day and year first written above.
® /q d a WELD COUNTY, COLORADO, by and
ATTEST: through the Board of County
Commissioners of Weld County
Clerk to the Board
By: \i n } e imss[ v BY:S off vZ-di L
Deputy erk to the Board Constance L. Harbe t, S1/2/9.2
Chairperson Pro-Tem
ATTEST: CITY 0 GREELEY, CO RADO
By: BY:
G eels City C erk illiam torn,,, Mayo
APPROVED TO SUBSTANCE: APPRO D AS TO LE AL ORM:
8yc ita By: 1 1
Paul Grattet, City Manager Richard P. Brady,
City Attorney
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OFFICE OF COUNTY ATTORNEY
`I PHONE(303)356-4000 EXT.4391
P.O. BOX 1948
GREELEY,COLORADO 80632
ID
C.
COLORADO
March 19 , 1992
Rick Brady
City Attorney
City of Greeley
1000 10th Street
Greeley, CO 80631
RE: Amendment to License Agreement for Use of Geisert Pond
Dear Rick:
Enclosed herein please find two originals of the Amendment to
License Agreement for Use of Geisert Pond. It is my understanding
that you will seek approval of the City Council for the City of
Greeley and obtain the necessary signatures on both originals .
Please send one of the originals to me at: P. O. Box 1948,
Greeley, CO 80632 .
Please call me if I may be of any further assistance.
Si erely,
ce T. iarker
Assistant Weld County Attorney
BTB:rm
Enc.
pc: Carol Harding, Clerk to the Board' s Office
9n2,1
CITY OF GREELEY, COLORADO
ORDINANCE NO. 58 , 1991
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF
GREELEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD
COUNTY TO APPROVING AMENDMENT TO LICENSE AGREEMENT FOR USE OF
GEISERT POND.
WHEREAS, the Greeley City Charter, §3-7, permits the City
Council, by ordinance, to enter into contracts with other
governmental bodies to furnish governmental services or enter
into cooperative or joint activities with other governmental
bodies; and,
WHEREAS, Colorado Revised Statutes, §29-1-201, et seq. ,
permit and encourage governments to make the most efficient and
effective use of their powers and responsibilities by cooperating
and contracting with other governments; and
WHEREAS, the Weld County Commissioners and the City of
Greeley, Colorado entered into a License Agreement for Use of
Geisert Pond on June 24, 1991; and
WHEREAS, the License Agreement restricted performance of
scuba diving instruction to City of Greeley employee Paul Wood;
and
WHEREAS, the City of Greeley Fire Department is in need of
using Geisert Pond for performing training and rescue instruction
to City of Greeley Fire Fighters in bodies of water similar to
Geisert Pond; and
WHEREAS, it is in the best interest of both parties to
amend the previous License Agreement to include provisions for
the City of Greeley Fire Fighters to use Geisert Pond for
training purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GREELEY, COLORADO:
Section 1: The Mayor of the City of Greeley is hereby
authorized to enter into an Amendment to License Agreement (a
copy of which is attached and incorporated herein as Exhibit "A")
with Weld County for the Use of Geisert Pond by the City of
Greeley Fire Fighters.
Section 2 : The City Council hereby declares that the best
interest of the citizens of Greeley would best be served by
entering into said Amendment to License Agreement.
Section 3 : This ordinance shall be effective immediately
after passage of this ordinance, as provided by the Greeley City
Charter.
PASSED AND ADOPTED, SIGNED AND APPROVED this 7th day of
July , 1992.
ATTEST: THE CITY OF GREELEY, OLORADO
l4� , i0.h IOW �� By
C y C#erk ayor
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