HomeMy WebLinkAbout970547.tiff RESOLUTION
RE: APPROVE MEMORANDUM AGREEMENT WITH DONNA M. MCLEAN 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 a Memorandum Agreement for License
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 Donna M.
McLean, and
WHEREAS, after review, the Board deems it advisable to approve said agreement with
terms and conditions being as stated in the 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 Memorandum Agreement 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 Donna M. McLean 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 24th day of March, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
/A y e WELD OUNTY, COLLRADO
r R
ATTEST: �� i�/p
I Fit !- (; 1 George . Baxter, Chair
Weld County Cle a to c;
Sf
BY: if
./i � y'r -j`�� stance L. Harbert Pro-Tem
Deputy Cler to e o `• 1 -17:114,
Dale K. Hall
APPRO AS TO F
Barbara J. Kirkmeyer 7,
my Attorney
FXrAlSED
W. H. Webster
970547
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OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE: 970-356-4000, Ext.4200
Fax: 970-352-0242
CP.O. Box 758 GREELEY,COLORADO 80632
COLORADO
MEMORANDUM AGREEMENT FOR LICENSE TO USE GIESERT// PIT
This Memorandum Agreement is entered into this /7 day of 1- .2.fi , 1997, by and
between the County of Weld, body politic and cotpotate 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 Donna M. McLean, 1725 18th Ave., #7, Greeley, Colorado
80631-5100 ("User").
User is a member 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. User now desires 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 User to access the Giesert Pit for the purpose of bird watching in
accordance with the rules and procedures set forth herein. User hereby agree to such rule and
procedures.
1. User 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. User agrees to carry the original of this Memorandum
Agreement whenever she is 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
3. The license granted pursuant to this Memorandum Agreement hereby authorizes User to
bring guests upon the Giesert Pit for the purpose of bird watching when accompanied by
the User and when they are in User's motorized vehicles. User agrees that at no one
time shall her guests be more than four people.
4. User and her guests acknowledge that the Giesert Pit is first and foremost a working
gravel pit. Although User and her guests agree to remain inside the User's 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. User and her 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, User agrees 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 User and/or her 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 User written notice of its intent to revoke at least 10
days prior to the date of revocation.
6. User shall not assign any or all of her 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 User 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.
c'410 t s I03) da of e :ry(/ , 1997.
AT ES$? .� ,� e%. _l/ COUNTY OF WELD, STATE OF
�7 COLORADO, BY AND THROUGH THE
el nu Qjyi')Y BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
BY:
Deputy t e Board Qp / ci
BY!/i�.Ge ge-!
Ge�ge E. Baxter, Chairman D3A1/97
By signing below, User agrees
to all of the terms and provisions set forth herein.
User: a/ Ge, (//2 Af e,
M:\W PFILES\AGREE\GEIMCLEA.BTB
Page 2 of 2 Pages
9703'1;7
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4 MAR 1 9 1997 I WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 3564000, EXT. 4391
it( NEED COUNTY FAX: (970) 352-0242
tro --- ,......
ATTORNEY'S OFFICE 915 TENTH STREET
P.O. Box 1948
lungGREELEY, COLORADO 80632
C. March 14, 1997
COLORADO
Donna M. McLean
1725 18th Avenue, #7
Greeley, CO 80631-5100
RE: Use of Giesert Pit
Dear Ms. McLean:
Enclosed please find a Memorandum Agreement for License to Use Giesert Pit. If the terms of
the Memorandum Agreement are acceptable to you, please sign the same and send it to my office
at: 915 Tenth Street, P.O. Box 1948, Greeley, Colorado 80632.
If you should have any questions regarding this letter or the enclosed, please feel free to call me
at (970) 356-4000, extension 4390.
Sincerely,
race T. B jer 2
Weld Cou{ty Attorney --1--
BTB/db:Let/Mclean
Enclosure
pc: Don Warden
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