HomeMy WebLinkAbout20171822.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET)
AND AUTHORIZE CHAIR TO SIGN - CONSERVANCY DANCE STUDIO
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 Conservancy Dance Studio, commencing July 8, 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 Conservancy Dance
Studio 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.
ATTEST: datifeiti jeluo;ok.
Weld County Clerk to the Board
BY O O r.A., .
puty Clerk to the Board
APP
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie A. ozad, Chair
Steve Moreno, Pro- em
Sean P. Conway
Freeman
okrh - torney ` j .:�I/� ULU.-
arbara Kirkmeyer
Date of signature: —7 / 13 /1'7
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2017-1822
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 /w
Subject: 822 7th Street Plaza Use - �n5t." ar,c1 {J 0 cjt. ijp
Conservancy Dance Studio 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
2017-1822
LICENSE AGREEMENT FOR
USE OF PLAZA AREA AT 822 7TH STREET, GREELEY, COLORADO, FOR
EVENT ON JULY 8, 2017
Sr THIS LICENSE AGREEMENT ("License Agreement"), is made and entered into this
ad 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 the
CONSERVANCY DANCE STUDIO, whose address is 813 8th Street, Greeley, Colorado 80632,
hereinafter referred to as "Dance Studio."
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, Dance Studio desires 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 Dance Studio to be performed hereunder, and upon the conditions herein stated,
County does grant to Dance Studio 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 Dance Studio 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 Dance Studio via
Certified Mail to its address written above or served upon Dance Studio in accordance
with the Colorado Rules of Civil Procedure. Dance Studio shall have the duty of
informing County of City and/or DDA's change in address from its address written
above.
2. Dance Studio 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
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a.° / 7- /42,2
surrounding buildings, or to the Plaza Area and/or its appurtenances.
d. Dance Studio shall remove trash and debris from the Plaza Area upon the conclusion
of the Event.
e. Dance Studio 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.
3. In consideration of the granting of this License Agreement by County, Dance Studio
agrees to the following:
a. Except for the negligence of County, Dance Studio 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. Dance Studio 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. Dance Studio 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 shalt 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.
ATTEST d v "sC/1,o•t,C
CLER ij if BOARD COMMISS!ONFRSOF WELD COUNTY
Bs
Licensor:
BOARD OF COUNTY
Julie A. Cozad. ({hair
Licensee:
By: l(4
Name: L I UOD7`- Cis A (
Title: __@,L+- t Es
SUBSCRIBED Act S WORN to before me this `f""
BS 1�1 `_ J�?cz ,� _-da) of 31 iN\C__ 70D
WITNESS my hand and official seal.
2 ] 2017
NINDA WILGAR
TARY PUBLIC
MYS-Tal tO 204SbL' NOTARY tD 20034015073
MY COMMISSION EXPIRES MAY 29, 2019
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020! 7- /fa -a
RE:LICENSE AGREEMENT FOR 822 7TH STREET PLAZA USE - CONSERVANCY DANCE
STUDIO
APPROVED .AS TO SUBSTANCE:
Elected'Official or Department Head
API:223A:p0 NDING:
Controller
APPROVED AS TO FORM:
County Attorney
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Plaza Area subject to Revocable License Agreement
Weld County Property at 822 7th Street
(no more than 30 cars)
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