HomeMy WebLinkAbout20180546.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY AND
AUTHORIZE CHAIR TO SIGN - WELD FOOD BANK
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 County
Property 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 the
Weld Food Bank, commencing March 3, 2018, and 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 County Property 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 the Weld Food Bank, 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 21st day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diedfwv � ‘-C.1tof_
Weld County Clerk to the Board
BY: V.0 &<
Deputy Clerk to the
APP-ev DAST•
ounty Attorney
Date of signature: 3-13 -l8
Steve Moreno, Chair
'bara Kirkmeyer, ro-Tem
Z6?
Sean P. , onway
ie A. Cozad
Th..QuIlt 0 -
Mike Freeman
C c . o-iscl)
2018-0546
BG0020
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
February 14, 2017
To: Board of County Commissioners
From: Toby Taylor
Subject: Weld Food Bank — 5K Run/Walk
The Weld County Food Bank is planning a 5K run/walk event on Saturday, March 3rd. The request is to use
a portion of the Weld County property to accommodate the event's 5K course. The terms are captured
in a license agreement which defines the after -event cleanup and insurance requirements. Buildings and
Grounds is recommending approval of this license agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2018-0546
, Goozo
LICENSE AGREEMENT FOR THE USE OF
COUNTY PROPERTY
THIS LICENSE AGREEMENT, made and entered into this I day of February, 2018,
by and between the County of Weld, a political subdivision of the State of Colorado, whose
address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, as Licensor, and Weld Food
Bank, whose address is 1104 H Street, Greeley, Colorado 80631, as Licensee.
WITNESSETH:
WHEREAS, Licensor is the owner of property located the northern part of Greeley, Weld
County, Colorado, hereinafter referred to as "the County Property," and
WHEREAS, Licensee desires to hold an event on the County Property on March 3, 2018,
between the hours of 7:00 a.m. and 12:00 p.m., and
WHEREAS, the scheduled event will consist of the following: a 5k run/walk on the path
marked in red on the attached Exhibit "A," hereinafter referred to as "the Event," 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 County Property
for the Event 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 Event in a safe and orderly manner so that no damage to the fixtures,
signs and asphalt at the County Property shall occur during the Event. 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 Event. Licensee is authorized to set up the race/walk course on the evening of
March 2, 2018.
b. To remove trash and debris upon completion of the Event.
c. To provide to Licensor a certificate of insurance covering liability for the Event in the
amount of at least $1 million aggregate and Slmillion per occurrence, plus $500,000
personal injury, naming Weld County, Licensor, and their employees and officers as
"Additional Named Insureds."
Page 1 of 3 Pages
2. Licensor retains the right to revoke this License Agreement at any time for any reason.
3. The use of the County Property by Licensee to conduct the Event shall be at its own
expense and without the aid or use of funds from Licensor or Weld County, Colorado.
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
EXECUTED the day and year first above written.
Licensor:
ATTEST:W-4044) ,ti
BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
Deputy erk to the B
By: _AA'e-'
Steve Moreno, Chair FEB 2 1 201$
Licensee:
WELD FOOD BANK
4
Bye . Ic ( iiiv
Robrt O'Connor, Executive Director
SUBSCRIBED AND SWORN to before me this
O'Connor, Executive Director, Weld Food Bank.
WITNESS my hand and official seal
My commission expires: 1O ` 19 D.,,
ALYSSA BERG
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174043469
MY COMMISSION EXPIRES 10-19-2021
day of February, 2018, by Robert
Notary ?ublic
UUI-l-wsSQ) robty- - D'Ci r'or's
Page 3 of 3 Pages
COI $ - 054 Co
RE: WELD FOOD BANK - 5K RUN/WALK
APPROVED AS TO SUBSTANCE:
Elected' Official or Department Head
APPROVED AS TO FUNDING:
Controller
AP ' I VED • TO FORM:
M/
County Attorney
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