HomeMy WebLinkAbout971038.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR USE OF WELD COUNTY PROPERTY BY GREELEY
INDEPENDENCE STAMPEDE AND AUTHORIZE CHAIR 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 for 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 the Greeley Independence Stampede, commencing
June 25, 1997, and ending July 6, 1997, 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 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 the Greeley Independence Stampede, 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 28th day of May, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
APP
ounty Attor ey
ty Clerk to the Board
eputy Clerk". the Board
O FORM:
CommizYep.
WELD OUNTY, COI ORAD:�O��i "'
Barbara J. Kirkmeyer
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W. H. ester
971038
BC0026
AGREEMENT FOR USE OF WELD COUNTY PROPERTY
BY THE GREELEY INDEPENDENCE STAMPEDE
THIS AGREEMENT, made and entered into this % day of , 1997, by
and between the County of Weld, State of Colorado, by and through the Boar 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 south of the Weld County Public
Works Department and north of the D&D Auto Salvage yard at 933 North 11th Avenue, 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 from June 25, 1997 through July 6, 1997; however,
the Agreement shall apply to the entertainment and activities for every
Indepenence 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 south of the Weld County Public Works Department and north of the
D&D Auto Salvage yard at 933 North 11th Avenue, Greeley, Colorado. Such
public parking shall be conducted thereon in the areas and under those rules which
Page 1 of 3 Pages
971038
are determined by the County's Public Works Department. County consents to
the Stampede's contracting with a private company to conduct the public parking,
as long as said parking is 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 may be terminated by either party hereto
by providing written notification to the other party at least 60 days prior to June
25th.
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 7th.
7. FUNDING: No portion of this Agreement shall require County to fund part or
all of the Stampede's entertainment and acitivities.
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. It is expressly understood and
Page 2 of 3 Pages
971038
agreed that the enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly 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 �O
day of ,,'�!� , 1997.
AT
oard
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
BY
f
George E. Baxter, Chairmanociere
GREELEY INDEPENDENCE STAMPEDE
SUBSCRIBED AND SWORN to before me this day of
19
WITNESS my hand and official seal:
My commission expires:
M:\WPFILES\AGREEPAFUCING.BTB
Notary Public
Page 3 of 3 Pages
971.038
June 25 - July 6,1997
JEFF BEDINGFIELD
Chairman
MANUEL SISNEROS
Vice Chairman/Security
JERRY PICKETT
Secretary/Parade
MIKE REYNOLDS
Treasurer/Night Shows
TONY FINK
Stampede Fiesta
JOHN ANDERSON
Grounds
HAROLD EVANS
Gold Spurs
STEVE HOLDREN
Marketing
BILL MAY
Rodeos
STEVE SANDERS
Booths
BOB DOLAN
Decorations
DUANE FARRINGTON
Feeds
LYNN SETTLE
Executive Director
Greeley Independence Stampede
May 21, 1997
Bruce T. Barker
Weld County Attorney
915 10th Street
Greeley, CO 80631
Dear Bruce:
Enclosed is a signed copy of the contract for use of Weld County
property, described in the contract, for overflow parking.
Our insurance is in place to meet the needs of the contract.
Thank you.
Sincer,
Ly
E ecutive Director
Settje
Enclosure
971038
600 NORTH 14 AVENUE, GREELEY, CO USA 80631 • (970) 356 -SPUR • (800) 982 -BULL • FAX (970) 356-3103
http.//www.g reeleystampede. org
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