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Home My WebLink About950579.tiff RESOLUTION RE: APPROVE AGREEMENT FOR LEASE OF COUNTY PROPERTY FOR CITY PARK AND AUTHORIZE CHAIRMAN TO SIGN.-TOWN OF FREDERICK 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 Lease of County Property for City Park between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Frederick, commencing March 29, 1995, and being automatically renewed each year thereafter for successive one year periods until terminated by either party, 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 Lease of County Property for City Park between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Frederick be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 29th day of March, A.D., 1995. BOARD OF COUNTY COMMISSIONERS A n D COUNTY,, CO ORP�DO ATTEST: / .� ` �J� VVE�\ � �br"'1///L/// ATTEST: / /V L,/,a '*"�i�/l; Dale K. Hall, Chairman Weld County Clerk to the B and FXCI ISFr) Barb r J. Kirkmeyer, Pro-Tem BY: ( Deputy Clerk to the Board c `, f GeorgtE. Baxter APP: !VED AS TO FO ////// jzC/i to i , �'/� -r-A Constance L. Harbert ,MP A ocfnty Al o f rriey FXCI ISFr) W. H. Webster 950579 PR0012 ee; FF9(16-7 K AGREEMENT FOR LEASE OF COUNTY PROPERTY FOR CITY PARK THIS AGREEMENT is made and entered into this day of Linkah-f;A- , 1995 by and between the County of Weld, 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, hereinafter referred to as "County," and the Town of Frederick, State of Colorado,by and through its Town Council, whose address is 333 Fifth Street, P.O. Box 435, Frederick, Colorado 80530, hereinafter referred to as "Frederick." WITNESSETH: WHEREAS, County owns certain property located in Frederick adjacent to the Carbon Valley Library (being a part of the Weld Library District) and the Weld County Headstart facility, and WHEREAS, said property is described in the attached Exhibit"A" and may be necessary for future expansions of said library and Headstart facility when necessary, with said property being hereinafter described as "Property," and WHEREAS, various residents of Frederick now desire to have Property be improved with sod and a sprinkler system for use as a park by the residents of Frederick and the citizens of County, and WHEREAS, although County owns and maintains few parks, County looks favorably upon the idea of the use of Property as a park and, therefore, the parties hereto desire to enter into this Agreement for the purpose of establishing and maintaining Property as a park for use by residents of Frederick and citizens of Weld County. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. LEASE OF THE PROPERTY. County hereby leases to Frederick for the term of this lease and in accordance with the terms and conditions as stated herein the Property described in the attached Exhibit "A" for use a park by the residents of Frederick and the citizens of Weld County. 2. IMPROVEMENTS TO PROPERTY. County agrees to install on Property a sprinkler system and sod sufficient to cover the entire area of Property. Frederick agrees to install a water tap extending to Property for the sprinkler system. 3. MAINTENANCE OF PROPERTY. County agrees to mow the grass and maintain the sprinkler system once they are installed on Property at County expense. All Page 1 of 3 Pages 9505” County employees who perform such maintenance responsibilities shall be considered County employees only and shall not be eligible for any salary or benefits by Frederick. Frederick agrees to pay for all water placed upon Property through the sprinkler system. 4. FUTURE EXPANSION OF LIBRARY BUILDING. Frederick understands and agrees that if County and/or the Weld County Library District desires to expand the current library building or Headstart facility, or add a new building onto Property to accomplish said expansion, this lease shall terminate and Property shall cease to be used as a park and shall be dedicated solely for the purpose of providing land for said expansion and/or new library building. 5. LIABILITY INSURANCE. Frederick agrees to extend its liability insurance to cover County for any claims for damages suffered by third persons while using Property,with the exception of any such claims caused by any employee of County in the course of maintaining said property, pursuant to the provisions of paragraph 3. above. Said liability insurance shall be maintained throughout the term of this Agreement in the amount of$450,000 per person, $750,000 per occurrence. 6. TERM. The term of this Agreement shall be for one year from the date of signing herein, and shall be renewed automatically for successive one year period thereafter, until terminated by either party pursuant to the termination provisions set forth below in paragraph 7., or upon future expansion of the South County Library, as set forth above in paragraph 4. 7. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice served by mail to the other party at the address written above. 8. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action related 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. 7. NO WAIVER OF IMMUNITIES. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this 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 Agreement. Page 2 of 3 Pages 950579 8. 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 provision to the extent this Agreement is then capable of execution within the original intent of the parties. vn IN WITNESS WHEREOF,the parties have hereunto set their hands and seals this Say of 1995. ATTEST 1 COUNTY OF WELD, STATE OF vo1 / G%� COLORADO, BY AND THROUGH THE CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WE D BY: �1s, BY: r / l Deputy Clerk td the Board J Dale K. Hall, Chairm ATTEST: TOWN OF FREDERICK 442 “ BY:`ff`''�� AA- Edward��Ma� M:\WPFILES\AGREE\CITYPARK.GJB Page 3 of 3 Pages 950579 {' t. Rocky Mountain Consultants, Inc. "S:z .,, t , • • 1t c Industrial Circle, Suite A • Longmont, CO 80501 • (363) 772-5282 -4�4 AM' Office 3Iso located in Denver and Estes Park, CO • Metro line: 665-6283 LEGAL DESCRIPTION APPENDIX A Pt td A parcel of land located in the East one-half of Section 31, Township 2 North, Fa rn Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly a N) described as follows: z i Commencing at the North one-quarter corner. of Section 31, whence the Northeast k n corner of said Section 31, bears South 89°41'13" East 2633.50 feet and all o bearings being relative thereto; thence along the West line of the Northeast z m quarter of said Section 31, South 00°51`32" West 473.52 feet to the True Point of Beginning; thence South 89°44'28" East 232.51 feet; thence South 00°51'32" m o West 506.50 feet ; thence North 89°44'28" West 232.51 feet to a point on the West m o line of said Northeast quarter; thence North 00°51' 32" East 506.50 feet to the to True Point of Beginning, containing 2.703 acres mor�e�or less. \\\\\Ottutuf in44n „ CD C an e::k--,PY rOki ,„ 4 t S yf co For Rocky Mountain Consultants , Inl. : 5r r By Ronald W. Adams P.L.S. #13446 lit 13446 t z , :ycn:�y Si C c co L.O\�0\ n -,o ;d kc . to n 0 t7 tov. Vyc • tr1 c r a n }- C nN 0 9Cas79 fa_„, of , r: i ' TOWN OF FREDERICK ., Post Office Box 435 a,�p ',;, ^ , �) Frederick, Colo. 80530 \o� lip qc � Telephone: (303) 833-2388 �RATF� Metro: (303) 659-8729 March 24, 1995 Weld County Board of County Commissioners Dale K. Hall, Chairman P.O. Box 758 Greeley, CO 80632 Dear Mr. Hall: Enclosed please find two signed agreements for the development of the park adjacent to the Headstart and Carbon Valley Library facilities. Please sign and return one back to the Frederick Town Hall. Sincerely, el n R. Barnett ow Clerk Enc 9505'79 Hello