HomeMy WebLinkAbout20191357.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET)
AND AUTHORIZE CHAIR TO SIGN - GREELEY FIESTA, INC.
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 Use of Plaza
Area (822 7th Street), 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 Greeley Fiesta, Inc., commencing at 3:00 p.m., and ending at 11:30 p.m., on May 3, 2019,
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 Use of Plaza Area (822 7th Street) 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 Greeley Fiesta, Inc.,
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 8th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEALD COUNTY, COLO,DO
ATTEST: .AWLC�(AA Jttitie
Weld County Clerk to the Board
BY:
AP
Deputy Cler
County Attorney
Date of signature: LA1(5/
arbara Kirkmeyer, Cliiair
K. James
Steve Moreno
Mike Freeman, Pro-Tem
4/1-7/P
2019-1357
BG0021
LICENSE AGREEMENT FOR
USE OF PLAZA AREA AT 822 7TH STREET, GREELEY, COLORADO, FOR
EVENT ON MAY 3, 2019
THIS LICENSE AGREEMENT ("License Agreement"), is made and entered into this
g day of April, 2019, by and between WELD COUNTY, COLORADO, by and through the
Board of County Commissioners of Weld County, Colorado, whose address is P.O. Box 758,
1150 O Street, Greeley, Colorado 80632, hereinafter referred to as "County," and GREELEY
FIESTA, INC., whose address is 3400 W. 16th Street, Suite MM, Greeley, CO 80634, hereinafter
referred to as "GREELEY FIESTA."
WITNESSETH:
WHEREAS, County is owner of property located at 822 7th Street, Greeley, Colorado,
including a "Plaza Area" shown on the plat map attached "Exhibit A," and
WHEREAS, GREELEY FIESTA desires to use the Plaza Area to conduct a Cinco de
Mayo Celebration ("the Event") on May 3, 2019, from 3:00 p.m. to 11:00 p.m., inclusive of set
up and cleanup activities, in accordance with the terms of this License Agreement and as shown
on the sketch map attached hereto as "Exhibit B."
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of GREELEY FIESTA to be performed hereunder, and upon the conditions herein
stated, County does grant to GREELEY FIESTA a license to use the Plaza Area for events
following the terms and conditions set forth herein.
1. County retains the right to revoke this License Agreement at any time for any reason.
County shall give GREELEY FIESTA written notice of its intent to revoke at least ten
(10) days prior to the intended date of revocation. Such notice shall be sent to
GREELEY FIESTA via Certified Mail to its address written above or served upon
GREELEY FIESTA in accordance with the Colorado Rules of Civil Procedure.
GREELEY FIESTA shall have the duty of informing County of City and/or DDA's
change in address from its address written above.
2. GREELEY FIESTA shall comply with the following rules when conducing the Event
within the Plaza Area:
a. The Events shall take place only on May 3, 2019, from 3:00 p.m. to 11:00 p.m.,
inclusive of set up and cleanup activities.
b. No group or person shall be refused the opportunity to attend the Event based upon
status or class protected under State or Federal law.
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0019- 1351
c. The Event shall not include any activity which is likely to result in damage to the
surrounding buildings, or to the Plaza Area and/or its appurtenances.
d. GREELEY FIESTA shall remove trash and debris from the Plaza Area upon the
conclusion of the Event.
e. GREELEY FIESTA agrees to notify the County contact person at the address set
forth above if for any reason the Event is canceled or postponed.
f. The Event shall be conducted without the aid or use of Weld County funds.
g.
The Event may include the service of alcoholic beverages, as long as all of the
necessary liquor licenses and permits are required.
3. In consideration of the granting of this License Agreement by County, GREELEY
FIESTA agrees to the following:
a. Except for the negligence of County, GREELEY FIESTA agrees to indemnify
County, its successors, assigns, employees, and agents, and save and hold them
harmless from any and all third -party claims and damages that the Event may directly
or indirectly cause.
b. GREELEY FIESTA shall provide to County a certificate of insurance covering
liability for the Event in the amount of $600,000, naming Weld County, its employees
and officers as "Additional Named Insureds."
4. GREELEY FIESTA shall not assign any or all of its rights under this License Agreement
without first obtaining written consent to such assignment from County, which consent
shall not be unreasonably withheld.
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.
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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.
EXECUTED the day and year first above written.
Licensor:
ATTEST: dirAeo
CLE' TO THE BOA
By
Deputy Cle t• h
GREELEYESTA, INC.
BOARD OF COUNTY
COMMISSIONERSOF WELD COUNTY
Barbara Kirk eyer, C air
Licensee:
By:
Name:
Title:
SUBSCRIBED AND SWORN to before me this H.}h day of
by a 1 IsQr-to `•-e)
WITNESS my hand and official seal.
My commission expires: O Cv j 9 3 (,(5QO
3
APR 0 u 2019
I
, 2019,
CHLOE ALEXANDRA REMPEL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164024038
MY COMMISSION EXPIRES JUNE 23.2020
RE: LICENSE AGREEMENT FOR USE OF PLAZA AREA AT 822 7TH ST
APPROVED AS TO SUBSTANCE:
7
Offi
Elected" cial or Department Head
APPROyElZD,,pS NDIN
Controller
APPROD AS TO FORM:
County Attorney
Chloe Rempel
From: Chloe Rempel
Sent: Thursday, April 11, 2019 12:42 PM
To: Bruce Barker
Cc: Toby Taylor; Sterling Geesaman; Bob Choate; CTB
Subject: RE: License Agreement for Use of Plaza Area at 822 7th Street
Looks great Bruce — I'll swap the pages and update the resolution.
Thank you!
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4213
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Bruce Barker
Sent: Thursday, April 11, 2019 12:39 PM
To: Chloe Rempel <crempel@weldgov.com>
Cc: Toby Taylor <ttaylor@weldgov.com>; Sterling Geesaman <sgeesaman@weldgov.com>; Bob Choate
<bchoate@weldgov.com>; CTB <CTB@co.weld.co.us>
Subject: RE: License Agreement for Use of Plaza Area at 822 7th Street
Trade out the first page with the attached first page. Can you also double-check to make sure the dates match? Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Chloe Rempel
Sent: Thursday, April 11, 2019 12:09 PM
To: Bruce Barker <bbarker@weldgov.com>
Cc: Toby Taylor <ttaylor@weldgov.com>; Sterling Geesaman <sgeesaman@weldgov.com>; Bob Choate
<bchoate@weldgov.com>; CTB <CTB@co.weld.co.us>
Subject: License Agreement for Use of Plaza Area at 822 7th Street
Bruce,
The attached agreement was approved on Monday, April 8, 2019. Berta with Greeley Fiesta, Inc., said the
agreement needs to be for May 3rd and not May 5th. I told him the agreement and resolution would likely need
to be updated and re -approved by the Board. We are within the deadline to put this on Monday if that is the
case. How would you like me to proceed?
Thank you,
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4213
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
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