HomeMy WebLinkAbout20171821.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET)
AND AUTHORIZE CHAIR TO SIGN - J AND T ENTERPRISE, LLC, DBA BRIX
TAPHOUSE AND BREWERY
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 J and T Enterprise, LLC, dba Brix Taphouse and Brewery, commencing July 8, 2017, 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 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 J and T Enterprise,
LLC, dba Brix Taphouse and Brewery 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 June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU,IJTY, COLA 2ADO
ATTEST: dirjet) jCls4,4,e,
Weld County Clerk to the Board
BY
Steve Moreno, Pro -Tern
Sean P. Conway
APPR
ke Freeman
torney
arbara Kirkmeyer,
Date of signature: Z 1 (3111
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2017-1821
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
June 19, 2017
To: Board of County Commissioners
From: Toby Taylor
Subject: 822 7th Street Plaza Use - Brix
J&T Enterprises, LLC (dba Brix Taphouse and Brewery) is co -hosting an event on July 8, 2017 adjacent to
the Weld County property located at 822 7th Street, Greeley. As part of the event, they are requesting
access and use of the plaza area for patrons for the event. To accommodate this request, a license
agreement has been developed to identify the responsibilities. Buildings & Grounds is recommending
approval of the license agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2017-1821
LICENSE AGREEMENT FOR
USE OF PLAZA AREA AT 822 7m STREET, GREELEY, COLORADO, FOR
EVENT ON JULY 8, 2017
s f THIS LICENSE AGREEMENT ("License Agreement"), is made and entered into this
of day of June, 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 J&T
ENTERPRISE, LLC, dba BRIX TAPHOUSE AND BREWERY, whose address is 813 8th
Street, Greeley, Colorado 80631, hereinafter referred to collectively as "Plaza Licensees."
WITNESSETH:
WHEREAS, County is owner of property located at 822 7a' Street, Greeley, Colorado,
including a "Plaza Area" shown on the plat map attached "Exhibit A," and
WHEREAS, Plaza Licensees desire to use the Plaza Area to conduct a car show, movie
on the street and block party ("the Event") on July 8, 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 Plaza Licensees to be performed hereunder, and upon the conditions herein stated,
County grants to Plaza Licensees 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 Plaza Licensees 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 Plaza Licensees
via Certified Mail to their address written above or served upon Plaza Licensees in
accordance with the Colorado Rules of Civil Procedure. Plaza Licensees shall have the
duty of informing County of their change in address from the address written above.
2. Plaza Licensees 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 9 a.m. to 11 p.m. on July 8,
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.
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d. Plaza Licensees shall remove trash and debris from the Plaza Area upon the
conclusion of the Event.
e. Plaza Licensees agree 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.
3. In consideration of the granting of this License Agreement by County, Plaza Licensees
agree to the following:
a. Except for the negligence of County, Plaza Licensees agree, individually and
collectively, 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. Plaza Licensees 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. Plaza Licensees shall not assign any or all of their rights granted 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 none of them 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 any party hereto, or their 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
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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.
County:
ATTEST: i..cr i) $ '4,
CLERK S THE BOARD
By:
BOARD OF COUNTY
COMMISSIONERSOF WELD COUNTY
By:
Plaza Licensees:
J&T ENTERPRISE, LLC, dba BRIX
TAPHOUSE AND BREWERY
By: l�
Name: V c n)
Title: Or' Nye
StAPSCAMED ANA SWORN to before me this /L day of ✓4 n - c- 20a
by Ka lc $, //lc5a&:,t)
WITNESS my hand and official seal.
My commission expires:!/a v// cf
MARY L LENNART
NOTARY PUBLIC
STATE OF COLORADO
3 NOTARY ID 19954017
MY COMMISSION EXPIRES OCT. 24, 2019
020 /7-/f,Zr
RE:LICENSE AGREEMENT FOR 822 7TH STREET PLAZA USE - BRIX
APPROVED ,ASYO SUBSTANCE:
Elected 'Official or Department Head
APP7D T F DING*
Controller
APPROV D AS TO FOR :
County Attorney
020/7—/Oo2-/
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Plaza Area subject to Revocable License Agreement
Weld County Property at 822 7th Street
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