HomeMy WebLinkAbout20212354.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY (MISSILE
SITE) AND AUTHORIZE CHAIR TO SIGN - SPRING FILMS, LTD.
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 License Agreement for the Use of
County Property known as the Missile Site between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Facilities
Department, and Spring Films, Ltd., commencing at 7:30 a.m. on August 6, 2021, and ending at
3:00 p.m. on August 6, 2021, 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 License Agreement for the Use of County Property known as the
Missile Site between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and Spring Films, Ltd.,
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 4th day of August, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L42d) aCl[D•ok
Weld County Clerk to the Board
ounty Attorney
Date of signature: of/i I /2I
CC . g(,(-rT/SG)
og/i3/.I
2021-2354
BG0023
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 1, 2021
To: Board of County Commissioners
From: Toby Taylor
Subject: Spring Films at Missile Site Agreement
Spring Films from London, England has requested the ability to film different portions of the Missile Site
to establish content for a documentary they are developing for Discovery Plus. Attached is the
agreement for granting this access. Facilities Department is recommending approval of this agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2021-2354
oa/04
r(,00a3
LICENSE AGREEMENT FOR THE USE OF
COUNTY PROPERTY
THIS LICENSE AGREEMENT, made and entered into this �'1th day of A' 2021, by
and between the County of Weld, a political subdivision of the State of Colorado, whose address
is P.O. Box 758, 1150 0 Street, Greeley, Colorado 80632, as "Licensor," and Spring Films,
whose address is 7 Cavendish Square, London, United Kingdom, WIG OPE, as "Licensee."
WITNES SETH:
WHEREAS, Licensor is the owner of the Weld County Missile Site property located in
Weld County, Colorado, hereinafter referred to as "the Missile Site," and
WHEREAS, Licensee desires to conduct filming on the Missile Site from 7:30 a.m. on
August 6, 2021 to 3:00 p.m. on August 6, 2021 ("the Filming"), and
WHEREAS, Licensor agrees to such use and the parties hereby enter into this License
Agreement for the purpose of defining their relative rights and responsibilities regarding the
license granted herein.
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of said Licensee to be performed hereunder, and upon the conditions herein stated,
Licensor does grant to Licensee, its successors and assigns, a license to use the Missile Site for
the Filming only upon the date and during time set forth above upon and in accordance with the
following conditions:
1. Licensee agrees:
a. To conduct the Filming in a safe and orderly manner so that no damage to the
fixtures, signs and asphalt at the Missile Site shall occur during the Filming.
Licensee understands, agrees and acknowledges that it is responsible and liable for
any such damage, including, but not limited to, damage caused by participants or
attendees at the Filming.
b. To remove trash and debris upon completion of the Filming.
c. To provide to Licensor a Certificate of Insurance covering liability for the Filming in
the amount of at least $1 million aggregate and $1 million per occurrence, plus
$500,000 personal injury, naming Weld County, the Board of County Commissioners
of Weld County, and their employees and officers as "Additional Named Insureds."
2. Deleted.
3. The use of the Missile Site by Licensee to conduct the Filming shall be at its own
expense and without the aid or use of funds from Licensor or Weld County, Colorado.
Page 1 of 3 Pages
4. Licensee shall not assign any or all of its rights under this License Agreement without
first obtaining written consent to such assignment from Licensor.
5. The parties hereby agree that neither has made or authorized any agreement with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall
be binding on either party hereto, or its agents or employees. This License Agreement
embodies all agreements between the parties hereto and there are no promises, terms,
conditions, or obligations referring to the subject matter whereof other than as contained
herein.
6. If any term or provision of this License Agreement, or the application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this License Agreement, or the application of such terms or provisions, to a
person or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected, and every other term and provision of this License Agreement shall
be deemed valid and enforceable to the extent permitted by law.
7. No portion of this License 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 License Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this License Agreement.
8. It is expressly understood and agreed that the enforcement of the terms and conditions of
this License Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this License Agreement shall
give or allow any claim or right of action whatsoever by any other person not included in
this License Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this License
Agreement shall be an incidental beneficiary only.
It is mutually understood and agreed that this License Agreement and all the terms and
conditions hereof shall extend to and be binding upon the parties hereto, their successors, and
assigns.
Page 2 of 3 Pages
SIGNED this �lay of Al 2021.
Licensor:
ATTEST:
derhiv JCL;
CLERK TO THE BOARD
Bv:
to
Deputy Clerk to the
APPROVED AS TO FUND
Controller
APPROVED AS TO FORM:
ewA...vg-L
County Attorney
SIGNED this 29 day of July, 2021.
BOARD OF COUNTY
COMMISSIONERSOF WELD COUNTY
Steve Moreno, Chair AUG 0 4 2021
PPROVED AS TO SUBSTANCE:
Elected icial or Department Head
Licensee:
SPRING FILMS
By: Alberto Allica
Title: Producer
Page 3 of 3 Pages
Markel International
Media Production Insurance
Endorsement 5
Reference No:
Policyholder:
Effective Date:
Additional Premium:
Additional Insured(s)
CE1970A21RAA
Spring Films Limited
30 July 2021
Nil
The following is added to Cover for the General Commercial Liability Section:
The Cover provided -o you by this Section shall extend to indemnify in like manner the additional insured(s)
listed below under this Section in respect of claims arising directly from the additional insured's provision of
services (including the performance of work, hire of equipment and facilities) undera contract of agreement with
you where such services are provided to or on your behalf for productions insured under this policy.
Provided that:
(a) each party covered shall observe,fulfil and be subject to the terms and conditions of the policy; and
(b) our aggregate liability to all of your people, firms, bodies, corporate or entities and any other party or
parties shal' not exceed any of the specified amounts specified in the schedule.
Additional Insured (s::
Weld County, the Board of County Commissioners of Weld County, and their employees and officers
Subject otherwise to :he terms, co nd iti o ns and exclusions of the policy.
Arco cI
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
08/06/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Tysers
71 Fenchurch Street
London
46S
CONTACT Nigel Matthews
NAME g
PHONE (a/c, 01206 500000
No. Ext):
FAX: 01206 752216
E-MAIL Ni gel.matthews@tysersgroup.com
ADDRESS: g @tysersgroup.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Markel International Media Production Insurance (UK
Insurer)
INSURED UK CLIENT
Spring Films Limited
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: ACJ1286 REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUER
WVD
POLICY NUMBER
POLICY EFF
(MMIDD/YYYY)
POLICY EXP
(MMIDD/YYYY)
LIMITS
A
COMMERCIAL GENERAL LIABILITY
Y
N
CE1970A21RAA
Limits shown are in British Pounds
01/21/2021
01/20/2022
EACH OCCURRENCE
$10,000,000
CLAIMS
MADE
X
OCCUR
DAMAGE TO RENTED PREMISES
(Ea occurrence
$10,000,000
X
PUBLIC LIABILITY
MED EXP (Any one person)
$
PERONAL & ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE
$10,000,000
POLICY
PRO-
JECT
LOC
PRODUCTS - COMP/OP AGG
$10,000,000
OTHER
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT (Ea
accident)
$
ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED
AUTOS
SCHEDULED
AUTOS
BODILY INJURY (Per accident)
$
AUTOS
N®
NON-OWHIRED
AUTOS
PROPERTY DAMAGE (Per accident)
$
-
UMBRELLA
OCCUR
EACH OCCURRENCE
$
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$
DED I
RETENTION $
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY YIN
N/A
N
CE1970A21 RAA
Limits Shown are in British Pounds
UK Employers Liability
01/21/2021
01/20/2022
PER I
STATUTE
OTHER
ANY PROPRIETOR/PARTNER/
EXECUTIVE OFFICER/MEMBER
EXCLUDED?
E L EACH ACCIDENT
$10,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E L DISEASE - EA EMPLOYEE
$10,000,000
E L DISEASE - POLICY LIMIT
$10,000,000
A
RENTED EQUIPMENT
Y
N
CE1970A21RAA
Limits Shown are in British Pounds
01/21/2021
01/20/2022
LIMIT
DEDUCTIBLE
$250,000
$750
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The Certificate Holder is hereby included as Additional Insured for claims arising out of the operations of the Named Insured and where required by written contract.
CERTIFICATE HOLDER CANCELLATION
Weld County, the Board of County Commissioners of
Weld County, and their employees and officers
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISIONS.
AUTHORISED REPRESENTATIVE
ACORD 25 (2014/01)
1988-2014 THE ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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