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Home My WebLink About960439.tiff RESOLUTION RE: APPROVE TEN AGREEMENTS WITH VARIOUS INDIVIDUALS FOR BIRD WATCHING AT GEISERT PIT 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 ten Memorandum Agreements for Licenses to Use Geisert Pit for the purpose of bird watching between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the following individuals: 1. JoAnn Kozan 6. Ila Leavy and Frank Boulter 2. Bill and Gretchen Cutts 7. Mary and Clarence Kippes 3. Roy and Alice Yackey 8. Richard, Barbara, and Tristan Maxfield 4. Joe Himmel 9. Carl and Norma Erickson 5. Gil and Maxine Culter 10. Ron and Allyson Broda WHEREAS, after review, the Board deems it advisable to approve said agreements with terms and conditions being as stated in the agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten Memorandum Agreements for Licenses to Use Geisert Pit for the purpose of bird watching between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the above named individuals be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 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., 1996. BOARD OF COUNTY COMMISSIONERS Zwa4e4 WELD COUNTY, COLORADO • FXCLISFf1 f)ATF rlF SIGNING (AYF) Barbary J. Kirkmeyer Chair '1661 ,' Z`O s '> o ty Clerk to the Board /9/" . VII��n ' �1� 1n n Geecgg Baxter, Pro-Te V ileputy Clerk o e Boardr J J\ Dale K. Hall OV AS TO FOR : FXCIJSFD r)ATF lF SIGNING (AYF) Constance L. Harbert • unty Attorney W. H. Webste 960439 )C; en; /A'DiY.Cal) PR0013 - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. (10 • -(Ses OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 I FAX(303)352-0242 P.O. BOX 758 OGREELEY, COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE nGIESERT PIT This Memorandum Agreement is entered tnto this /(j 1" "da Gf �y/ 6 iiu/ , 1996, by and between the County of Weld, body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and JoAnn Kozan, whose address is 4956 W. 8th Street Road, Greeley, Colorado 80634 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit")as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months(March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays and Weekends: 12:00 a.m. to 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 ' 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours",they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein,Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any r person not a party to this Memorandum"" �� Agreement. LL a IGN this -IAday 7Y7CLGC�G J , 1996. COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY }` aYr COMMISSIONERS OF THE COUNTY OF WELD til y Deputy Cler t the Board BY:A.A Barbara J. Kirkm er, ChaiC/ By signing below, Users agree to all of the terms and provisions set forth herein. User: 4n, �'jyf-ti - User: M:/AGREE/GIESERT.D6 Page 2 of 2 Pages 960439 •it lig OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 I FAX(303)352-0242 P.O. BOX 758 OGREELEY,COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT This Memorandum Agreement is entered into this /o-day of c , 1996, by and between the County of Weld, body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Ila J. Leavy and Frank L. Boulter, whose address is 20491 Weld County Road 44, LaSalle, Colorado 80645 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit") as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months (March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays Weekends: 12:00 to 1 :5n «.,aday, and .Lee�.,.zds: a.m. ...� p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours",they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not party to this Memorandum Agreement. ssa RR SIGNED this /D- day of l�/lQJLQkt... , 1996. �~ !ice 1:, V COUNTY OF WELD, STATE OF COLORADO, �'` �� BY AND T'IROCH TuE BrlAf2D OF COUNTY rsei rer-, < COMMISSIONERS OF THE COUNTY OF �yiiLy + Weiden WELD k/TI" ��.uty Clerk o the Board ' Barbara J. Ki meyer, air By signing below, Users agree to all of the terms and provisions set forth herein. User: i.n A. , ' i b« User: M:/AGREE/GIESERT.DB Page 2 of 2 Pages 960439 ' OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 I FAX(303)352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT This Memorandum Agreement is entered into this rh day of l,/r'(.n,1'L , 1996, by and between the County of Weld, body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Ron and Allyson Broda, whose address is 4326 W. 4th Street, Greeley, Colorado 80634 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit") as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months (December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months(March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays and Weekends: 12:00 a.m. to 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 , 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during "non-work hours",they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. E R 4 SIGNED this �0 — day of UMW?t h , 1996. .,F ti COUNTY OF WELD, STATE OF COLORADO, r fixeMadah BY AND THROUGH THE BOARD OF COUNTY tacit \;•, o��; COMMISSIONERS OF THE COUNTY OF WELD eputy CIer1 t the Board BY: jilicki_fiL L Barbara J. Kirkrheyer, CKdir By signing below, Users agree to all of the terms and provisions set forth herein. User: 7/ User: C, >d_.// r M:/AGREE/GIESERT.DB Page 2 of 2 Pages 960439 tS ('tWP OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 I FAX(303)352-0242 P.O. BOX 758 OGREELEY,COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USEGIESERT PIT This Memorandum Agreement entered into this /p _L day of rat (!�� , 1996, by and between the County of Weld, body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Gil and Maxine Culter, whose address is 2624 W. 17th Street, Greeley, Colorado 80631 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit")as a prime property for bird watching. The Giesert Gravel Pit is located generallywest of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months(March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. .ca__.,. and ::`C31:e'a"'. 2.nn _ 11.co L uUIity ii[nivayo au I ,4 l.-." i.,r�], t6 - p ^" All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement wheneverthey are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours", they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein,whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. SIGNED this �D day of , 1996. COUNTY OF WELD, STATE OF COLORADO, o.r�l' v e n G �c „� PdaB AND THR.OGA THE BOARD O_ COUNTY 'se' 't � ;9 COMMISSIONERS OF THE COUNTY OF <1a-k?' ' ';r WELD ;(( puty Cler the Board c4/ //', / / Barbara J. Kirkneyer, Ch By signing below, Users agree/ to all of the terms and provisions set forth herein. User: ie t i' ) User: j/ •e1l:i-u/ M:/AGREE/GIESER I.DB Page 2 of 2 Pages 960439 • cti 411.-et OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 FAX(303)352-0242 P.O. BOX 758 C. GREELEY,COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT This Memorandum Agreement is entered into this p day of , 1996, by and . ♦. Weld, body politic between the County of p.. ��and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Carl and Norma J. Erickson, whose address is 16691 Longs Peak Road, Greeley, Colorado 80631 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit") as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m.to 6:45 a.m. Summer months (March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays and Weekends: 12:00 a.m. to 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page I of 2 Pages 960439 The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours", they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any aria all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. SIGNED this 9 day of 71144..eiy" , 1996. COUNTY OF WELD, STATE OF COLORADO, ny AND TIIROUGFI THE BOAPD OF COUNTY 1861 po COMMISSIONERS OF THE COUNTY OF crif WELD / l/ Jig puty Clerk the Board BY: f�llG Barbara J. Kirk eyer,Ch By signing below, Users agree to� all`of the terms and provisions set forth herein. �N/ User: ,(rAtZINIA - , �.tA-49)0 " User: gf� 1 es��'dlero' M:/AGREE/GIESERT.DB Page 2 of 2 Pages 960439 (l OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 FAX(303)-352-0242 P.O. BOX 758 C. GREELEY,COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT �� —day of 1 yyt6ULCJt., , 1996, by and lA This Memorandum Agreement is entered into this y �/ ` between the County of Weid, body politic and corporate of the State of Colorado, by and through die Board of County Commissioners of the County of Weld,whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Joe Himmel,whose address is 1848 14th Avenue, Greeley, Colorado 80631 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit") as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months (March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County 11„rAn_. ancl Weekends: 12:00 a.u.. to: 11:59 m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours", they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. 4 Is -' SIGNED this /51'/-6 day of , 1996. COUNTY OF WELD, STATE OF COLORADO, � CS'n BY AND THROUGH THE BOARD OF COUNTY racr COMMISSIONERS OF THE COUNTY OF ", I WELD U � .� .uty Clerk t the Board / BY• L/S /�lLfll . l to l Barbara J. Kirkn eyer, Cha By signing below, Users agree to all of the terms and provisions set forth herein. User: �v i �j��tn�X� User: M:/ GREE/GIESERT.DB Page 2 of 2 Pages 960439 (1 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 FAX(303)352-0242 ' C P.O. BOX 758 GREELEY,COLORADO 80632 O COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT �j f^ , 1996, by and This Memorandum Agreement is entered into this p 'day of \ ' L/ i../6 between the County of Weld, body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Richard C., Barbara and Tristan Maxfield,whose address is 1715 12th Avenue, Greeley, Colorado 80631 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit")as a prime property for bird watching. The Giesert Gravel Pit is located generally west of l lth Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February),Monday through Friday: 4:15 p.m.to 6:45 a.m. Summer months(March through November),Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays and Weekends: 12:00 a.m. to 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours",they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. SIGNED this / t} y ldayof �I 1 utnC�1 , 1996. s. COUNTY OF WELD, STATE OF COLORADO, F '� E BY AND THROUGH THE BOARD OF COUNTY to, rr�l � �, _ COMMISSIONERS OF THE COUNTY OF . . WELD ��(Zff j puty Clerk the Board /t/ BY,/4:S,4a a b c/ .G 4 Beyer i Barbara J. irkmeyer hair By signing below, Users agree to all of the terms and provisions set forth herein. � C - lf jlllClf t ��:�/ User: �Lt A User: f/ iLriV X Crjaia M:/AGREE/GIESERT.DB Page 2 of 2 Pages 960439 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 ' FAX(303)352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR p LICENSE TO USEGIESERT PIT This Memorandum Agreement is entered into this /41:4 L day of all-Walt, , 1996, by and between the County of Weld, body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld,whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Roy and Alice Yackey,whose address is 2228 Sunset Lane, Greeley, Colorado 80631 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit")as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months (March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays and Weekends: 12:00 a.m. to 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours", they are still at risk of damage or injury from windblowndirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching-activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. � • Lfl nn ^ ' s1 1�;i��,IGNED this lath day of I [ �E'1JL(�{2l , 1996. re, _. TT:+'� COUNTY OF WELD, STATE OF COLORADO, I ser f fee;1 0 y G�€4 BY AND THROUGH THE BOARD OF COUNTY IM vci. j t:OMM1SS;UTnFRS OF [HE COUNTY OF r(S'`a- ,r WELD �► --j►�puty Clerk tot e Board t p BY � �uk0 ,..&5.167 Barbara J. Kitkmeyer, 'Chair By signing below, Users agree to all of the terms and provisions set forth herein. p , 2",/,,,, i, , ---) ,,,, ieitzt User:,J � �. h, �r User: r M:/AGREE/GIESERT.DB Page 2 of 2 Pages 960439 ' OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 ' FAX(303)352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT IA This Memorandum Agreement is entered into this /p day of K1 r r AtteF _, 1996, by and C- Weld, body litic and corporate of the state of Coiojado, by and through the H,e1„�per, the County ty of pc, s . un. `a'c Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Mary E. and Clarence Kippes, whose address is 2030 44th Avenue, Greeley, Colorado 80634 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit") as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit. Weld County hereby licenses Users to access the Giesert Pit for the purpose of bird watching in accordance with the rules and procedures set forth herein. Users hereby agree to such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months (December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months (March through November), Monday through Friday: 5:15 p.m.to 5:45 a.m. County Holidays and Weekends: 12:00 a.m. to 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this Memorandum Agreement specifically does not authorize observation of the birds by foot and/or the establishment of any permanent observation structures within the Giesert Pit. Page 1 of 2 Pages 960439 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours", they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Waid Coma)/ and us employees from any and ail loss, claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein, whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld County retains the right to revoke the license granted herein at any time for any reason. Weld County shall give Users written notice of its intent to revoke at least 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. 7. No portion of the Memorandum Agreement and the license granted herein shall be deemed to constitute a waiver of any immunities the Users or the officers or employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum� Agreement. SIGNED this /met day of L1/d `i ��2 , 1996. • COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY fOss. "I COMMISSIONERS OF THE COUNTY OF rscr II`` WELD (n Tat' O ty Cler the Board (Ul <= BY: Barbara J. Kirk eyer, C r 03bug4 By signing below,Users agree to all of the terms and provisions set forth herein. User: User: M:/AGREE/GIESERT.DB Page 2 of 2 Pages 960439 ' 471" OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 FAX(303)352-0242 P.O. BOX 758 CGREELEY, COLORADO 80632 O • COLORADO MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT PIT c-- day of , 1996, by and This Memorandum Agreement is entered into this AS-- �-- between the County of Weld,body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado, 80631 ("Weld County"), and Bill and Gretchen Cutts,whose address is 1980 26th Avenue Place, Greeley, Colorado 80634 ("Users"). Users are members of the Platte and Prairie Audubon Society of Weld County. The Audubon Society has identified Weld County's Giesert Gravel Pit("Giesert Pit")as a prime property for bird watching. The Giesert Gravel Pit is located generally west of 11th Avenue and south of"O" Street in Greeley, Colorado. Users now desire to have access onto the Giesert Pit for bird watching at those times when Weld County's Public Works Department is not working out of the Pit.Weld Couy d watching in raccorrdance with the hereby rules and procedures set forth herein. Users hereby agree o licenses Users to access the Giesert Pit for the purpose of 'such rule and procedures. 1. Users may access the Giesert Pit for the purpose of bird watching at the following times: Winter months(December through February), Monday through Friday: 4:15 p.m. to 6:45 a.m. Summer months (March through November), Monday through Friday: 5:15 p.m. to 5:45 a.m. County Holidays and Weekends: 12:00 a.rn. 1O 11:59 p.m. All hours of bird watching shall be suspended at those times when Weld County deems it necessary on an emergency basis to work out of the Giesert Pit in order to meet the needs of Weld County's road system. Users agree to carry the original of this Memorandum Agreement whenever they are at the Giesert Pit. 2. The term "bird watching" as used in this Memorandum Agreement means the observation of wild birds. Such observation shall only take place while in a motor vehicle on roadways within the Giesert Pit. The term does not include and this um Agreement specifically does not authorize ion of the birds by nd oor the establishment hment of any permanent observation structures t w thin the Giesert Pit. foot a Page 1 of 2 Pages 960439 ti 3. The license granted pursuant to this Memorandum Agreement hereby authorizes Users to bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by the Users and when they are in Users' motorized vehicles. Users agree that at no one time shall their guests be more than four people. 4. Users and their guests acknowledge that the Giesert Pit is first and foremost a working gravel pit. Although Users and their guests agree to remain inside the Users' motor vehicles at all times they are at the Giesert Pit and will only be present during"non-work hours",they are still at risk of damage or injury from windblown dirt and gravel or from the presence of water, snow, or ice on said roadways. Users and their guests hereby assume all risk of such damage or injury and specifically release Weld County, its employees and agents, from any and all liability and responsibility therefore. As a condition of the license granted herein, Users agree to indemnify, defend, and hold harmless Weld County and its employees from any and all loss,claims, damages, and costs of whatsoever character incurred by Users and/or their guests as they participate in the birdwatching activities authorized herein,whether caused by the negligence of Weld County, its employees or agents, or otherwise. 5. Weld ounty retains the right to revoke the license granted herein at any time for any reason. We d County shall give Users written notice ita intent to revoke at least reason. ast 10 days prior to the date of revocation. 6. Users shall not assign any or all of their rights under this Memorandum Agreement without first obtaining written consent to such assignment from Weld County. all be 7. No portion f the emorandum Agreement and the license deemed to con titute a waiver of any immunities the granted Users orth officers or�employees of Weld County may posses, nor shall any portion of this Memorandum Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Memorandum Agreement. SIGNED this day ofd , 1996. 4 a COUNTY OF WELD, STATE OF COLORADO, " BY AND THROUGH THE BOARD OF COUNTY 145.11 COMMISSIONERS OF THE COUNTY OF t real n { WELD � trY � 1� , eputy Clerk"o the Board BY Barbara J. Kirk eyer, C it 03/48/94 By signing below, Users agree to all of the terms and provisions set forth herein. — ✓ User`( L ;Cid- • vl� User: 1`�.�a�"` .� � "., M:/AGREE/GIESERTDB Page 2 of 2 Pages 960439 Hello