HomeMy WebLinkAbout961030.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF GEISERT PIT FOR FIREWORKS SHOW WITH
GREELEY INDEPENDENCE STAMPEDE COMMITTEE 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 Geisert Pit for
Fireworks Show between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Greeley Independence Stampede Committee,
commencing July 4, 1996, 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 Geisert Pit for Fireworks Show between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Greeley Independence Stampede Committee 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 10th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLD DO
: lifitettitt , ,/./Xtz
Y t "Barba a J. Kirkme er, Chair
1861te* l1
`�ty Clerk to the Board f
, �<
1/ Vl lQQ f /tor* E. Baxter, Pro Te
, /puty Clerk �the Board \x
Dale K. Hall
ED AS O FORM: //� 7
Constance L. Harbert
unt Y Att. --� �� ; / ��Y i 14 2 "I/
W. H. Webster
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AGREEMENT FOR USE OF GEISERT PIT FOR FIREWORKS SHOW
THIS AGREEMENT, made and entered into this (day of , 1996, by
and between the County of Weld, State of Colorado, by and through oard of County
Commissioners of the County of Weld, whose address is 915 Tenth eet, 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 a fireworks show for persons attending the
Greeley Independence Stampede Rodeo on July 4th, and
WHEREAS, said fireworks show requires a site where the fireworks will be ignited and
set pieces will be displayed, and
WHEREAS, County owns and operates a gravel pit, known as the "Geisert Pit", located
at 933 North 11th Avenue, Greeley, Colorado, and
WHEREAS, Greeley and Stampede agree that the Geisert Pit is an acceptable site for the
ignition and set piece display for the annual July 4th fireworks show 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 annual July 4th fireworks
show sponsored by the Stampede. The initial date to which this Agreement shall
apply shall be July 4, 1996; however, the Agreement shall apply to every July 4th
thereafter until and unless this Agreement is terminated pursuant to the
termination procedures set forth herein. If the fireworks show is canceled on July
4th because of inclement weather, County consents to the continuance of said
fireworks show to another date and all the terms and conditions set forth herein
shall apply to said continued fireworks show.
2. USE OF GEISERT PIT: County hereby grants to Stampede the right to
conduct its annual July 4th fireworks show on the Geisert Pit property at such
location thereon as directed by the Operations Manager of County's Public Works
Department. County consents to the Stampede's contracting with a private
company to conduct and such fireworks show, as long as said fireworks show is
conducted in accordance with the terms and conditions set forth herein.
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961030
3. CONDUCT OF FIREWORKS SHOW: Stampede agrees to conduct the
fireworks show in such a manner as to provide for the safety of all persons
involved in the fireworks show production and the safety of all spectators. The
standards by which such safety shall be measured will be those standards which
are customary for the conducting of such fireworks shows. Stampede agrees that
only those persons who have been authorized by Stampede to assist in the
conducting of the fireworks show shall be present on the Geisert Pit property
during the show; however, those County employees who County authorizes to be
at the Geisert Pit during the show may also be present. Stampede shall at all times
conduct the fireworks show in accordance with applicable federal, state, county
and municipal law.
4. INSURANCE: Stampede agrees to providounty 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 fireworks
show on the Geisert Pit 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 July 4th fireworks show.
5. TERMINATION: This Agreement may be terminated by either party hereto
by providing written notification to the other party at least belays prior to J 1
4th. (0 77x .1 f) yv
6. CLEAN UP: Stampede agrees to remove from the Geisert Pit any and all trash,
equipment, or items either generated by or used in the course of the fireworks
show. Said removal shall be on or before July 5th.
7. FUNDING: No portion of this Agreement shall require County to fund part or
all of the Stampede's July 4th fireworks show.
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
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961030
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 /
45,1, 199
• . • COUNTY OF WELD, STATE OF
thin c O 42 COLORADO, BY AND THROUGH THE
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BOARD OF COUNTY COMMISSIONERS
1� rr :.' .�� ,L� 1 l� OF THE COUNTY OF WELD
Or ,
eputy Cle to the Board l
BYarb,L �/. //ci'd'f/ -
ara J. Kirkmeyer, Chaiil
GREELEY INDEPENDENCE STAMPEDE
COMMITT E
BY:
TITLE: .
SUBSCRIBED AND SWORN to before me this 41 ( day of �k -k..“
19q(0 . (t
WITNESS my hand and official seal:
•
LAILe o ' c efllc(U
Notary blic
My commission expires: 4di tie
M:\AGREE\FIREWORK.DB
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