HomeMy WebLinkAbout20172822.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND
AUTHORIZE CHAIR TO SIGN - VINEYARD CHRISTIAN FELLOWSHIP
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 Weld
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 Vineyard Christian Fellowship, commencing at 8:00 a.m. and ending at 5:00 p.m., on
August 20, 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 Weld 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 Vineyard Christian Fellowship
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
ATTEST: dj, ) G. •-eiOgti
Weld County Clerk to the Board
BY.
APPR
unty Attorney
Date of signature: GI /1(4 ( l
9th:
Cozad, Chair
EXCUSED
Sean P. Conway
ke Freeman
Gb
Barbara Kirkmeyerr'
CG C GCTT/SG)
(=I/lett 7
2017-2822
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: Parking Lot Use — Vineyard Christian Fellowship
This agreement is for the use of the parking lot located at 9th Avenue and 10th Street, Greeley. Vineyard
Christian Fellowship and the Supernatural Worship Center are hosting an event on Sunday August 20,
2017 and have requested use of the parking lot across from their building to accommodate the needs of
event.
Buildings and Grounds is recommending approval of this agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2017-2822
LICENSE AGREEMENT FOR THE USE OF
WELD COUNTY PROPERTY FOR CHURCH EVENT
THIS LICENSE AGREEMENT, made and entered into this (&day of Alai
, 2011, by and between the County of Weld, a political subdivision of the State of Colothdo, whose
address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, as Licensor, and Vineyard
Christian Fellowship, whose address is 1015 9th Avenue, Greeley, Colorado 80631, as Licensee.
(Supernatural Worship Center0
WITNESSETH:
WHEREAS, Licensor is the owner of a parking lot on property formerly occupied by the
Former Weld County Garage car dealership, located on the southwest corner of the intersection of
9th Avenue and 10th Street in Greeley, Colorado, hereinafter referred to as "the Former Weld
County Garage Parking Lot," and
WHEREAS, Licensee desires to hold an event in the Former Weld County Garage Parking
Lot on August 20, 2017, between the hours of 8:00 a.m. and 5:00 p.m., and
WHEREAS, the scheduled event will consist of the following: outreach to church patrons
and the general public, 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 Former Weld
County Garage Parking Lot 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 Former Weld County Garage Parking Lot
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.
b. To indemnify and hold harmless Licensor and Weld County, Colorado,
from any damages the Licensee may suffer arising out of the Event.
c. To remove trash and debris upon completion of the Event.
Page 1 of 3 Pages
d. To provide to Licensor a certificate of insurance covering liability for the
Event in the amount of $600,000, naming Weld County, Licensor, and their
employees and officers as "Additional Named Insureds."
2. Licensor retains the right to revoke this License Agreement at any time for any
reason.
3. The use of the Former Weld County Garage Parking Lot 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.
Page 2 of 3 Pages
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: d,,gerhA)
CLERK TO THE BOARD
By:
Deputy erk to the B
BOARD OF COUNTY
COMMISSIONERSOF WELD COUNTY
By:
•
Julie A. Cozad, Ch
AUG 162017
Licensee:
Vineyard Christian Fellowship
(Supernatural Worship Center)
Al Hernandez, Pastor
Page 3 of 3 Pages
oho/ 7- o?1a '-
LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY - VINEYARD CHRISTIAN
FELLOWSHIP
APPROVED,AS TO SUBSTANCE:
/7
Elect4d Official or Department Head
APPROVED AS TO FUNDING:
Controller
APPROVED A TO FORM:
Coun y Attorney
Hello