HomeMy WebLinkAbout20170605.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING USE OF WELD
COUNTY MISSILE SILO PARK AND AUTHORIZE CHAIR TO SIGN - KAREN PARTAK
MEILLIER
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 Memorandum of Understanding
Concerning Use of Weld County Missile Silo Park 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 Karen Partak Meillier, commencing February 15, 2017, and ending
March 31, 2017, with further terms and conditions being as stated in said memorandum of
understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding Concerning Use of Weld County
Missile Silo Park 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 Karen Partak Meillier be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2017, nunc pro tunc February 15, 2017.
ATTEST:d ;(4,
Weld County Clerk to the Board
BY: I
puty Clerk to the Board
AP
'Coun y torney
Date of signature: ?)/Co ( ( 1
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
C
Julie A. Cozad, Chair
e Freeman
CUSED
Barbara Kirkmeyer
cc: QC,CT-r(SC,)
c)31OCoII`l
2017-0605
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
February 15, 2017
To: Board of County Commissioners
From: Toby Taylor
Subject: Missile Site Filming
Weld County has received a request from Karen Partak Meillier to conduct filming at the Missile Site Park
so assist with her college project. The filming will occur from February 15 until March 31 at a pre -arranged
time during normal Missile Site Park business hours. Building and Grounds is recommending approval of
the Memorandum of Understanding and acceptance of the hold harmless and indemnification agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2017-0605
MEMORANDUM OF UNDERSTANDING CONCERNING USE WELD COUNTY'S
MISSILE SILO PARK
THIS AGREEMENT is made and entered into this 15 day of 464.4av7 Wlby and between the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board
of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631,
hereinafter referred to as "County," and 4JIREK PAR -Mae- JAEILU , whose address
is 2310 b1EARTvdarD CouRT, LAFv.'u3-rre1 Co S c4rhereinafter referred to as
"Photographer."
WHEREAS, the County owns the Missile Silo Park, hereinafter referred to as "Park", located at
10611 CO -257 Spur, Greeley, CO 80634. and
WHEREAS, the Photographer/Filmmaker wishes to use the Park for a photo shoot / film
project, pursuant to the terms and conditions contained herein;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein.
the parties hereto agree as follows:
I. DUTIES AND RESPONSIBILITIES.
(a) The County hereby grants to Photographer permission to use the Park, as governed by the
terms and conditions of this agreement, for the sole purpose of a photo shoot activity.
(b) The Photographer shall make all arrangements relating to the holding of the photo shoot
/filming activity, except those specifically made the responsibility of the County by this
agreement.
II. TERM.
(a) The Photographer shall be permitted to use the Park from 7:30 a.m. until 3:00 p.m. on
normal business days (Monday -Thursday) from 1.EeQutWy / S' , 2017 to
until MARCH 3l , 2017, for the purposes stated above.
(b) Time shall be of the essence of this Agreement, and the time granted for the use of the
facility shall include set up, preparation, clean up and the removal of any equipment. The
time shall not be extended without written permission of the County, through its County
designee, Toby Taylor, Director of Buildings and Grounds for Weld County.
III. STAFF AND INVITEES. Photographer shall be responsible for supervising all staff
and invitees of the Photographer that will be on the premises and assuring that such
persons adhere to all rules and regulations as may be established by the County. Upon
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the request of the County's designee, Photographer shall immediately remove any such
person not adhering to the rules and regulations of the County.
IV. CONDITION OF PREMISES. Photographer agrees to leave the Park facility in the same
condition after the event as it was at the commencement of the photo shoot activity,
ordinary wear and tear thereof excepted.
V. LIABILITY. Photographer hereby agrees to indemnify and hold harmless the County
from any and all rights, actions, claims, demands, liabilities or damages which may accrue
against County or any of its employees or agents for any injuries or damages to persons
or property, as well as costs or expenses sustained or received as a result of or in
connection with the use or preparation for use of the Park for the photo shoot activity'or
the presence of any persons, property or invitees of the Photographer on or about the Park.
The County specifically disclaims all liability for any loss or theft of personal property of
the Photographer, its employees, agents, or invitees.
VI. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is then
capable of execution within the original intent of the parties.
VII. PUBLICATION. The Photographer will not issue any publications or otherwise share
photos concerning the Park taken in relation to this agreement without prior review and
express written consent of the County through the County's designee.
VIII. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act
§§24-10-101 et seq., as applicable now or hereafter amended.
IX. RELEASE. Any person participating in any part of the photo shoot activity at the Park
must sign a Release of Liability, attached as Exhibit A and incorporated herein by
reference.
X. ENTIRE AGREEMENT. This Memorandum of Understanding contains the entire
agreement and understanding between the parties to this Memorandum of Understanding
and supersedes any other agreements concerning the subject matter of this transaction.
whether oral or written. It is the express intention of the parties that any entity other than
the undersigned parties receiving services or benefits under this Memorandum of
Understanding shall be deemed an incidental beneficiary only.
PHOTOGRAPHER
;'(M N ?A1 TAK_ J.fE/LUF,�
Printed Name / Title
ATTEST: C/.duW/ �•
Weld Co . y Clerk to the Board WELD COUNTY, COLORADO
.�CLto•�
a— teb,xa 27401i -
Date
BOARD OF COUNTY COMMISSIONERS
BY:
Deputy Ier to the B
Julie A. Cozad, C'a'r
FEB 2 7 2017
ap/Oloo,C-
RE: MEMORANDUM OF UNDERSTANDING CONCERNING USE OF MISSLE SILO PARK -
KAREN PARTAK MEILLIER
APPROVED AS TO SUBSTANCE:
Elected' Official or Department Head
KIJA
Director of General Services
APPROVED AS TO FUNDING:
la/
Controller /
APPROVER AS TO FORM.
41*--
l
County Attorney
RELEASE OF LIABILITY
AGREEMENT TO HOLD HARMLESS AND INDEMNIFY AND AGREEMENT TO PAY
FOR DAMAGES REGARDING PARTICIPATION IN PHOTO PROJECT
THIS RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND
INDEMNIFY, is signed by 1CAREpI 'PAt-aK MELIA,lEIR ("Participant")
ofd 31O 14EART'voo'covR--r) LPrFPYEiie, CO 55C`OZ(.• (address).
Participant will be participating in a project to take photos ("the Project") at Weld
County's Missile Silo Park (the "Park"). An entity/person known as 1CAR1N pAgyAK, mgiehi Cthas
requested permission to use the Park for the Project. As part of the Project, Participant will be
engaged in various activities which may involve moderate physical activity and movement
around the Park. Participant understands and acknowledges that the Park was originally
designed to house a nuclear missile, and, although the Park has been modified to provide relative
safety to those persons using ordinary care and caution in utilizing the Park for recreational
purposes, it is not designed as, nor has it been prepared by Weld County as a stage for
unencumbered access. Various objects and utilities normally used in a Park are present and may
present obstacles for persons not exhibiting ordinary care and caution in moving around them.
Injuries may befall the Participant as a result of his or her participation in the Project at the Park
because of the nature of the activity involved.
With such knowledge, the Participant, on behalf of himself or herself, and on behalf of
his or her heirs, successors, and assigns, voluntarily releases and agrees to hold harmless and
indemnify the County of Weld; the Board of County Commissioners of County of Weld; and
their employees and officers (the "Releasees"), from any and all claims and liability, past, present
or future, for any injury or damage to Participant or to his or her property, resulting from any
cause whatsoever occurring in the course of the Project, excepting only any such injury or
damage resulting from the willful and wanton acts of the Releasees. The Participant also agrees
to hold harmless and indemnify the Releasees from any and all claims and liability, past, present
or future, for any injury or damage to third parties, resulting from the negligent or intentional
acts of the Participant occurring in the course of the Project.
Participant understands that the Releasees may be immune to liability pursuant to C.R.S.,
§§ 24-10-101, et. seq., by virtue of their governmental status. Participant acknowledges and
agrees that this Release of Liability and Agreement to Hold Harmless and Indemnify is not
intended to circumvent or replace such immunities.
Participant further agrees and understands that he or she may be responsible for damages
caused by him or her during such photography or filming.
Participant
By signing this Release and Agreement to Hold Harmless and Indemnify, the Participant
and/or Parent or Guardian acknowledges that he or she has read and understands all of the
provisions stated herein.
Signed this 15 day of FESRuPa-y . 201$- ,201*
s,/'+Rc�n 7,68-r k1e— IA t; iw
(Printed Name)
Vann c ck M e i 111 e r 15 kb ruck? 20 II -
Witness Date
Colorado Film School
9075 E. Lowry Blvd. Bldg. 965
Denver, CO 80230
Phone: (303) 340-7321
Fax: (303) 340-7326
February 15, 2017
The Colorado Film School is a state -sponsored institution that educates the next
generation of filmmakers. It is among the top twenty-five film schools in the world.
Students are challenged to find the best locations for their films. If you would consider
allowing your property to be available for a Colorado Film School production, please
contact me, Christopher Beeson (Administrative Assistant), at
Christopher.beesonccaurora.edu.
We carry an insurance policy that indemnifies you and your property during our
production; and our students are coached by Hollywood professionals with lengthy
experience in the procedures that are required to respect and protect your property.
Sincerely,
Christoper Beeson
Administrative Assistant
www.coloradofilmschool.net
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