HomeMy WebLinkAbout20192061.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING USE OF MISSILE
SILO PARK AND AUTHORIZE CHAIR TO SIGN - PACK 57 CUB SCOUTS
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 of Understanding
Concerning Use of Missile Silo Park between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Buildings and Grounds, and Pack 57 Cub Scouts, commencing at 1:00 p.m., on June 21, 2019,
and ending at 3:00 p.m., on June 22, 2019, with further terms and conditions being as stated in
said memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 of Understanding Concerning Use of Missile Silo Park
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and
Pack 57 Cub Scouts, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deattm,) GC %64
Weld County Clerk to the Board
BY: YX;gI(,4Ui
APP
Deputy CI
icT
Cou Attorney
Date of signature: CO/Il/jq
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
EXCUSED
Sean P. onway
Scot
ames
Steve Moreno
Cc'. aC9C TI -I SC
CpIIt I I
2019-2061
BG0021
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
May 30, 2019
To: Board of County Commissioners
From: Toby Taylor
Subject: Missile Site Camp — Cub Scout Troup 57
Cub Scout Troop 57 desires to use the entire Missile Site Campground from June 21, 2019 until June 22,
2019. This agreement captures the use of the park for their activity.
Therefore, Buildings & Grounds is recommending approval of this memorandum of understanding.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2019-2061
u13
r
MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD COUNTY'S
MISSILE SILO PARK
THIS AGREEMENT is made and entered into this 2 day of M by and between the
County of Weld, a body corporate and politic of the State of Colora o, by and through its Board
of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631,
hereinafter referred to as "County," and Pack 57 Cub Scouts, whose address
is 56 3 Wadi% ok 5' 11/' f , CO '$O55O , hereinafter referred to as Pack 57.
WHEREAS, the County owns the Missile Silo Park, hereinafter referred to as "Park", located at
10611 CO -257 Spur, Greeley, CO 80634, and
WHEREAS, Pack 57 wishes to use the Park and the campground located thereon, for an
overnight camping event on June 21, 2019 pursuant to the terms and conditions contained herein;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
I. DUTIES AND RESPONSIBILITIES.
(a) The County hereby grants to Cub Scout Troop 57 permission to use the Park and
campground, as governed by the terms and conditions of this agreement, for the sole
purpose of an overnight camping trip and related activities, including setting up and
sleeping in tents, using campfires for cooking, warmth and light, using telescopes for star
gazing, launching model rockets and exploring the park.
(b) Cub Scout Troop 57 and the cub scout leaders shall make all arrangements relating to the
overnight camping event and related activities, except those specifically made the
responsibility of the County by this agreement.
H. TERM.
(a) Cub Scout Troop 57 shall be permitted to use the Park from 1:00 p.m. June 21, 2019
through 3:00 p.m. June 22, 2019.
(b) Time shall be of the essence of this Agreement, and the time granted for the use of the
facility shall include set up, preparation, clean up and the removal of any equipment. The
time shall not be extended without written permission of the County, through its County
designee, Toby Taylor, Director of the Buildings and Grounds Department for Weld
County.
STAFF AND INVITEES. Cub Scout Pack 57 and its troop leaders, and adults assisting
with the camping trip, shall be responsible for supervising all children, adults and
,b)./ -otO '/
invitees of Cub Scout Pack 57 that will be on the premises and assuring that such
persons adhere to all rules and regulations as may be established by the County. Upon
the request of the County's designee, Wolf Den Leaders and other Cub Scout adult
personnel, shall immediately remove any such person not adhering to the rules and
regulations of the County.
IV. CONDITION OF PREMISES. Cub Scout Pack 57 agrees to leave the Park facility in
the same condition after the event as it was at the commencement of the camping and
recreational activities, ordinary wear and tear thereof excepted. Cub Scout Pack 57
specifically acknowledges that temperatures may enhance the fire danger in the Park and
will ensure that all fires, embers, sparks, "hot spots" and other evidence of fire or sparks
will be completely doused prior to leaving the park, including without limitation, from
camp fires or from model rockets or any other activity engaged in by Cub Scout Pack 57
and its guests.
(a) Cub Scout Pack 57 agrees that there shall be no more thandOO attendees, including
scout leaders, scouts, supervisors, parents, invitees, or others affiliated with the
event.
(b) Cub Scout Pack 57 will arrange and pay for a ports john unit to use throughout the
duration of the event.
(c) Cub Scout Pack 57 intends to have camp fires for cooking, lighting, and warmth.
Pack 57 will ensure that it sets up camp fire rings, supervise the use of camp fires,
has adequate water to completely douse the camp fires, control the size of the
flames, limit sparking from the fires, ensure that all fires are completely out and cold
when unattended and when the group leaves the camp site.
(d) Cub Scout Pack 57 intends to launch model rockets. Pack 57 will ensure that it
follows all recommendations for the safe use of such rockets and to prevent fires that
may spark from the launches. These practices include, without limitation, marking
an adequate "safe zone" within which youth cannot enter, ensure that all
combustibles are removed from the area, launch the rockets from gravel covered
areas, ensure that water, fire extinguishers, and shovels are readily available, among
other precautions.
V. LIABILITY AND INDEMNIFICATION. Cub Scout Pack 57, its group members,
supervisors, volunteers, scouts and their parents and Longs Peak Scout Council hereby
agree to indemnify and hold harmless the County from any and all rights, actions,
claims, demands, liabilities or damages which may accrue against the County or any of
its employees or agents for any injuries or damages to persons or property, as well as
costs or expenses sustained or received as a result of or in connection with the use or
preparation for use of the Park for camping, camp fires and any other activities
including, without limitation, launching model rockets, or the presence of any persons,
property or invitees of the Cub Scout Pack 57 on or about the Park. The County
specifically disclaims all liability for any loss or theft of personal property of the Cub
Scout Pack 57, its employees, scouts, agents, or invitees.
VI. SEVERABILITY. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement
shall be construed and enforced without such provision, to the extent that this
Agreement is then capable of execution within the original intent of the parties.
VII. PUBLICATION. Cub Scout Pack 57 will not issue any publications or otherwise share
photos concerning the Park taken in relation to this agreement without prior review and
express written consent of the County through the County's designee.
VIII. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
IX. RELEASE. Any person participating in any part of the camping activities at the Park
must sign a Release of Liability, attached as Exhibit A and incorporated herein by
reference. Parents or guardians shall sign a release on behalf of children participating in
this event.
X. ENTIRE AGREEMENT. This Memorandum of Understanding contains the entire
agreement and understanding between the parties to this Memorandum of Understanding
and supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. It is the express intention of the parties that any entity other
than the undersigned parties receiving services or benefits under this Memorandum of
Understanding shall be deemed an incidental beneficiary only.
Cub Scout Pack At by and through:
Signature
KC/1
Printed Name / Title
s- as-rgot9
Date
rYi0_54-er
rte_.
ATTEST: ' BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Mike Freeman, Pro-Tem
JUN 0 3 2039
RE: MISSILE SITE CAMP - CUB SCOUT TROUP 57
APPROVED S TO SUBSTANCE:
Elect d Official or Department Head
APPROVED AS TO FUNDING:
Controller
my Attorney
ORM:
Hello