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Home My WebLink About20172821.tiffRESOLUTION RE: APPROVE LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET) AND AUTHORIZE CHAIR TO SIGN - DOWNTOWN DEVELOPMENT AUTHORITY 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 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 the Downtown Development Authority, commencing at 1:00 p.m. and ending at 10:00 p.m., on August 26, 2017, 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 the Downtown Development Authority 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 16th day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTW4 Weld County Clerk to the Board Julie„ Cozad, Chair Steve Moreno, Pro -Tern can P. Conway Date of signature: C\ / Cc'.BC9C TT/S(') 9/igr i"1 �I 2017-2821 BG0019 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 August 11, 2017 To: Board of County Commissioners From: Toby Taylor Subject: 822 7th Street Plaza Use — Downtown Development Authority This agreement is for the use of the Plaza Area at 822 7th Street, Greeley. Downtown Development Authority is hosting an event called Monster Day event on the on Saturday, August 26, 2017. They are pursuing the appropriate permits from the City of Greeley. Part of this event requests the use of the plaza area of the County property. Buildings and Grounds is recommending approval of this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2017-2821 LICENSE AGREEMENT FOR USE OF PLAZA AREA AT 822 7TH STREET, GREELEY, COLORADO, FOR EVENT ON AUGUST 26, 2017 11,/'THIS LICENSE AGREEMENT ("License Agreement"), is made and entered into this g' day of August, 2017, 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 80631, hereinafter referred to as "County," and the DOWNTOWN DEVELOPMENT AUTHORITY, whose address is 802 9th Street Suite 100, Greeley, Colorado 80631, hereinafter referred to as "DDA." 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, DDA desires to use the Plaza Area to conduct a Monster Day event on the on August 26, 2017, 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 DDA to be performed hereunder, and upon the conditions herein stated, County does grant to DDA 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 DDA 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 DDA via Certified Mail to its address written above or served upon DDA in accordance with the Colorado Rules of Civil Procedure. DDA shall have the duty of informing County or City change in address from its address written above. 2. DDA shall comply with the following rules when conducing the Event within the Plaza Area: a. The Events shall take place only during the hours of 1 p.m.. to 10 p.m. on August 26, 2017. 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. 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. 1 ,2 o / 7- 0?2"02-/ d. DDA shall remove trash and debris from the Plaza Area upon the conclusion of the Event. e. DDA 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 Events may include the service of alcoholic beverages, as long as all of the necessary liquor licenses and permits required. (Does not apply) 3. In consideration of the granting of this License Agreement by County, DDA agrees to the following: a. Except for the negligence of County, DDA 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. DDA 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. DDA 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. 7. No portion of this License Agreement shall be deemed to constitute a waiver of any 2 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: didtoti ggi CLE' • _ HE BOARD By: Deputy Cler BOARD OF COUNTY COMMISSIONERSOF WELD COUNTY By: Julie A. Cozad, Chair Licensee: By: AUG'I 6 2017 Name: Pam Bricker Title: Executive Director SUBSCRIBED AND SWORN to before me this \5\ day of Al,v.S-"‘C , 201_\ by c-' \ cVve WITNESS my hand and official seal. My commission expires: 3 Jennifer Shute Notary Public State of Colorado Notary ID: 20074028494 My Commission Expires July 25, 2019 LICENSE AGREEMENT FOR USE OF PLAZA AREA - DOWNTOWN DEVELOPMENT AUTHORITY APPROVED AS TO SUBSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller APPROVEDAS TO FORM: County Attorney Monster Day Count Plaza Use = Vendors (non-food) SDINIUS ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 8/09;10 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 have ADDITIONAL INSURED provisions or 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 Ii & K Insurance Group, Inc. P.O. Box 2338 Fort Wayne, In 46801 ' CONTACT NAME' SMALL COMMERCIAL UNIT PHONE 877-783-1161 I.-- 260-459-5870 ' Ext): (A/C, No): E-MAIL ADDRESS: SCU@KANDKINSURANCE.COM INSURER(S) AFFORDING COVERAGE NAIC S INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED GREELEY DOWNTOWN DEVELOPMENT AUTHORITY , 802 9TH ST, STE 100 GREELEY, CO 80631 INSURER B: INS WIERC: _ _ INSURER D: INSURER E: __- - - INSURER F: CERTIFICATE NUMBER: 1909537 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. NC -NOT COVERED INSR LTR ADDL TYPE OF INSURANCE INSD SUER WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP IMM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY OCCUR12 Y KKO0021090900 : O1AM 9/18/17 12 : 01AM 9/18/18 EACH OCCURRENCE 1000000 CLAIMS -MADE I g I DAMAGE TO RENTED PREMISES (Ea occurrence 300000 Owners & Contractors MEDEXP (Any one person) NC GEN'L I PER: PERSONAL & ADV INJURY 1000000 AGGREGATE LIMIT APPLIES GENERAL AGGREGATE NONE POLICY I `PROJECT 'LOC PRODUCTS-COMP/OPAGG 5000000 OTHER: I Part L91 Liab NC AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED . AUTONLY COMBINED SINGLE LIMIT (Ea Accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE DEC I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERi EXECUTIVE OFFICER/MEMBER (_ EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I J PER -STATUE I I OTHER E.L. EACH ACCIDENT E.L. DISEASE — EA EMPLOYEE E.L. DISEASE -POLICY LIMIT DESCRPTION OF OPERATIONS I LOCATIONS ( VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED. RE: MONSTER DAY EVENT ON 8/26/17 CERTIFICATE HOLDER CITY OF GREELEY 1000 10TH STREET GREELEY, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE ELIVERED IN A ACCORDANCE WITH THE POLICY PROVISION AUTHORIZED R ACORD 25 (2016103) © 1988-2015ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SDINIUS A CORa:, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 8/09/17 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 have ADDITIONAL INSURED provisions or 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 K & K Insurance Group, Inc. P.O. Box 2338 Fort Wayne, In 46801 CONTACT NAME SMALL COMMERCIAL UNIT -PHONE 877-783-1161 I FAX 260-459-5870 AlC, No. EA): (A/C. NO: _MAIL ADDRESS: SCU@KANDKINSURANCE.COM INSURER(S) AFFORDING COVERAGE NAIC i INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED GREELEY DOWNTOWN DEVELOPMENT AUTHORITY 802 9TH ST, STE 100 GREELEY, CO 80631 NS(JRERB: i NSURERC: ; INSURER 0: INSURER E: - i INSURER F: COVERAGES CERTIFICATE NUMBER: 1909538 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. NC=NOT COVERED INSR LTR TYPE OF INSURANCE ADDL NSD SUER POLICY NUMBER POLICY EFF WVD (MMIDDNYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR Y 12 : 01AM KKO0021090900I 9/18/1'7 I 12 : 01AM 9/18/18 EACH OCCURRENCE 1000000 CLAIMS -MADE X I DAMAGE TO RENTED PREMISES (Ea occurrence 300000 Owners & Contractors MEDEXP (Any one person) NC GEN L AGGREGATE LIMIT APPLIES PERSONAL &ADV INJURY — — 1000000 ---- NONE I PER: GENERAL AGGREGATE POLICY I PROJECT ILOC PRODUCTS-COMP/OPAGG 5000000 OTHER: Part L91 Liab NC AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY A AUTOS NON -OWNED t COMBINED SINGLE LIMIT (Ea Accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) _ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE I EACH OCCURRENCE AGGREGATE DED -I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERi EXECUTIVE OFFICER/MEMBER L_i EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A I I } [PER -STATUE I OOTHER 1 E.L. EACH ACCIDENT E.L. DISEASE — EA EMPLOYEE E.L. DISEASE- POLICY LIMIT 1 DESCRIPTION OF OPERATIONS / LOCATIONS (VEHICLES (Attach ACORD 1O1, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED. RE: MONSTER DAY EVENT ON 8/26/17 CERTIFICATE HOLDER WELD COUNTY EMPLOYEES & OFFICERS 1150 0 STREET GREELEY, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE QELIVERED IN ACCORDANCE WITH THE POLICY PROVISION AUTHORIZED R ACORD 25 (2016/03) © 1988-2015ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello