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Home My WebLink About20172306.tiffRESOLUTION RE: APPROVE LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET) AND AUTHORIZE CHAIR TO SIGN - SENIOR RESOURCES 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 Senior Resources, commencing at 7:00 am. and end at 11:00 pm on July 22, 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 Senior Resources 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 17th day of July, A.D., 2017. ATTEST: doe,0k, Weld County Clerk to the Board ty Attorney Date of signature: (3 U 7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _ bi ,267 Julie A. Cozad, Chair Steve Moreno, Pro-Tem Sean P. Conway arbara Kirkmeyer cc C3G C TT/SG) Tsl 9't 1-7 2017-2306 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 July 11, 2017 To: Board of County Commissioners From: Toby Taylor Subject: 822 7`h Street Plaza Use — Senior Resources This agreement is for the use of the Plaza Area at 822 7th Street, Greeley. Senior Resources are hosting an event called Ride and Revel on Saturday July 22, 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 2017-2306 An LICENSE AGREEMENT FOR USE OF PLAZA AREA AT 822 7T" STREET, GREELEY, COLORADO, FOR EVENT ON JULY 22, 2017 .7'THIS LICENSE AGREEMENT ("License Agreement"), is made and entered into this day of July, 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 SENIOR RESOURCES, whose address is 800 8th Ave Suite 229 Greeley, CO 80631, Colorado 80632, hereinafter referred to as "SENIOR RESOURCES." 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, SENIOR RESOURCES desires to use the Plaza Area to conduct a RIDE & REVEL ("the Event") on July 22, 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 SENIOR RESOURCES to be performed hereunder, and upon the conditions herein stated, County does grant to SENIOR RESOURCES 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 SENIOR RESOURCES 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 SENIOR RESOURCES via Certified Mail to its address written above or served upon SENIOR RESOURCES in accordance with the Colorado Rules of Civil Procedure. SENIOR RESOURCES shall have the duty of informing County of City and/or DDA's change in address from its address written above. 2. SENIOR RESOURCES 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 7 a.m. to 11 p.m. on July 22, 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 1 O2O/7-O23O4 surrounding buildings, or to the Plaza Area and/or its appurtenances. d. SENIOR RESOURCES shall remove trash and debris from the Plaza Area upon the conclusion of the Event. e. SENIOR RESOURCES 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, SENIOR RESOURCES agrees to the following: a. Except for the negligence of County, SENIOR RESOURCES 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. SENIOR RESOURCES 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. SENIOR RESOURCES 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. 2 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. 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, ,,/ J L geoC CLE' - O THE BOARD By: Deputy C by BOARD OF COUNTY COMMISSIONERSOF WE D COUNTY By: Julie A. Cozad, Chai Licensee: By: Name: Klntit of Title: Eac, rlirt P 17 2017 I11� nioY Resatileck..52Avnu.S SUBSCRIBED AND SWORN to before me this 10 4-k day of 73 ha , 2017, Sar+P+ eleaznQne tel F_Xpr I )1-iu♦ O ;eoe dinr St vane Rpgoc7rvt brnv:as. WITNESS my hand and official seal. My commission expires:CC,I93/ go'aO 3 CHLOE ALEXANDRA REMPEL NOTARY PUBLIC STATE OF COLORADO NOTARY O20164024038 MY COMMISSION EXPIRES JUNE 23.2020 02.0/7-0,280& SENIOR RESOURCES AGREEMENT - 822 7TH STREET PLAZA USE ATTEST: Weld BY: eddlerktg14eSOard " Deputy •' rk t• the B APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: Coun ' o ney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO hi Cozad, Chair :kJ 2017 APPROVED AS TO SUBSTANCE: cted Official Head ao /7 -a2344 I V 118IHXA Plaza Area subject to Revocable License Agreement Weld County Property at 822 7th Street ye CI O¢0 a 2 c7 Ave V , 0 Ave Ave n 8 kql itn Ave ®L� 8th Ave 8th Ave "/ 'sr 8Th Ave i H H H '2 C o o 1 g o r, y s o V �1 •�L LL'4 1 4: , k _S a jiz,r _ \() , a _ o -. ; . _ lam) T X o O O, 4 'L- \:9 -,, ©s Try) LA L� O _ • HO. hitps 1/www.google.com/maps/@40.4249715,-104.6919226,20z 1 +i; igR r rj'.. f_ n?lWtt r^� L"J 10 44 42 C ft f G 1crest j/7(P C Greeley a,; 5J+ tsard_,,.,� ty i a' a::,' i4 �a r fIJ L Hello