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Home My WebLink About20161332.tiff • RESOLUTION RE: APPROVE REVOCABLE LICENSE AGREEMENT FOR USE OF CHASE PLAZA FOR EVENTS AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Revocable License Agreement for Use of Chase Plaza for Events 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 the City of Greeley, commencing upon the full execution of signatures, 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 Revocable License Agreement for Use of Chase Plaza for Events 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 the City of Greeley 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 18th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d ;6e Mike Freeman, Chair Weld County Clerk t• ,he Board 'f? c" Sean P. Conway, Pro-Ten - B �er•uty Clerk to the Board ,�� . /�� kat l ., •A. Coza� APP' • 'D AS�i�RM: `testt 0 -- ,� ra irkmeyer C.un ttorneyI!: Steve Moreno Date of signature: L (1: 136(1T) 5-18 f4 2016-1332 BG0018 EXHIBIT 1 REVOCABLE LICENSE AGREEMENT FOR USE OF CHASE PLAZA FOR EVENTS THIS REVOABLE ENSF7AGREEMENT("License Agreement"), is made and entered into this jrrday of , 2016,by and between WELD COUNTY, COLORADO,by and throw t e Board of County Commissioners of Weld County, Colorado, whose address is P.O. Box 758, Greeley, Colorado 80632,hereinafter referred to as"County;" and the CITY OF GREELEY, COLORADO, by and through its City Council, whose address is 1000 10th Street, Greeley, Colorado 80631,hereinafter referred to as"City." WITNESSETH: WHEREAS, County is the owner of property located at 822 7th Street, Greeley, Colorado, including a pedestrian plaza shown on the site plat map, attached as Exhibit A, and referred to herein as"Plaza Area;"and WHEREAS, City desires to use the Plaza Area for the purpose of conducting various events throughout the year, in accordance with the terms of this License Agreement. NOW,THEREFORE, in consideration of the covenants contained herein and the agreements of City to be performed hereunder, and upon the conditions herein stated, County does grant to City, its successors and assigns, a revocable 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 City written notice of its intent to revoke at least thirty(30)days prior to the intended date of revocation. Such notice shall be sent to the Assistant City Manager via Certified Mail to the address specified in Paragraph 5, below. City shall have the duty of informing County of City's change in contact person or address. 2. City may terminate this License Agreement at any time for any reason. City shall give County written notice of its intent to terminate at least thirty(30) days prior to the intended date of termination. Such notice shall be sent to the Director of Building and Grounds via Certified Mail to the address specified in Paragraph 5,below. County shall have the duty of informing City of County's change in contact person or address. 3. City shall comply with the following rules at all times when conducing an event within the Plaza Area: a. All events shall take place only after normal County business hours(7:30 a.m. to 5:30 p.m., Monday through Friday)or on weekends or County designated holidays. b. No group or person shall be refused the opportunity to attend an event based upon 1 2016-1332 status or class protected under State or Federal law. c. No event shall take place within the Plaza Area if such event is likely to result in damage to the surrounding buildings, or to the Plaza Area and/or its appurtenances. d. City shall remove trash and debris from the Plaza Area upon the conclusion of an event. e. City shall give County written notice of all scheduled events at least five(5) days prior to their taking place. Such notice shall be sent to the Director, Finance and Administration via Certified Mail to the address specified in Paragraph 5, below. County shall have the duty of informing City of County's change in contact person or address. f. Each event within the Plaza Area pursuant to this License Agreement shall be conducted without the aid or use of County funds. g. Events held within the Plaza Area pursuant to this License Agreement may include the service of alcoholic beverages, as long as the event has all required licenses and permits. h. City shall comply with the following rules at all times when conducting an event within the Plaza Area: 4. County and City agree to the following: a. City shall maintain the Plaza Area in its current condition. Such maintenance includes, and is limited to emptying the five (5) existing trash receptacles and three (3) existing ash cans on a regular basis, sweeping, and snow removal described in Paragraph 4.d., below. Such maintenance shall be performed by City without the aid or use of County funds. Such maintenance does not include maintenance of landscaping and planting containers within the Plaza Area except as described in Paragraph 4.e., below. b. Public Art may be installed and maintained by City within the Plaza Area with County approval. City shall give County written notice of its intent to place Public Art within the Plaza Area at least forty-five(45) days prior to the intended date of installation. Such notice shall be sent to the Director, Finance and Administration via Certified Mail to the address specified in Paragraph 5, below. County shall have the duty of informing City of County's change in contact person or address. County shall give City written notice of its approval or rejection of the installation of Public Art at least fifteen (15) days prior to the intended date of installation. Such notice shall be sent to the Assistant City Manager via Certified Mail to the address specified in Paragraph 5, below. City shall have the duty of informing County of City's change in 2 contact person or address. c. Except for the negligence of County, to the extent authorized by law City 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 directly resulting from City's events held on the Plaza Area. d. City shall be responsible for snow removal within the Plaza Area. When accumulations are more than one(1) inch, snow shall be removed. Snow shall be removed prior to 7 a.m., Monday through Friday. Removal shall include a six(6) foot wide walk path from each doorway and connecting sidewalk. In addition,the Plaza Area shall have a six foot wide walkway established from North to South. County will be responsible for any additional snow removal should the County deem it necessary after City's initial removal. e. City shall be responsible for maintaining the existing trees and irrigation for the existing trees located in the right of way on the North(7th Street) and West(9th Avenue) of the Plaza Area. 5. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when delivered via Certified Mail, addressed as follows: TO COUNTY: Weld County, Colorado P.O. Box 758 Greeley, CO 80632 ATTN: Director of Building and Grounds TO CITY: City of Greeley 1000 10th Street Greeley, Colorado 80631 ATTN: Assistant City Manager 6. Neither party may assign any or all of their rights under this License Agreement without first obtaining written consent to such assignment from the other party,which consent shall not be unreasonably withheld. Except that, County may allow other civic organizations to conduct events within the Plaza Area as long as City is also a sponsor of those events. 7. 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 and there are no promises, terms, conditions, or obligations referring to the subject matter other than as contained herein. 3 8. 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. 9. 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. 10. 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. GREELEY, COLO O WELD COUNTY, COLORADO or wz By: r Chai APR 1 8 201s � r..,.,, s �; ST ddrh/t)ATTEST: /IrsA � Weld n Clerk to the Boar Stali Q tO. t • It61 kg' �, 14 , rk. y By . ► • D put lerk �'�.,./�/.� APPROVED AS TO LEGAL FO • APPROVED AS TO LEGAL FO' •rw. By: By: ity Attorney ft-K County Attorney 4 c7M/6 ` /33L APPROVED AS TO SU:ST : APPROVED AS TO SUBSTANCE: By: . Ci �� Elected Official or Department Head Y P AV ABI ITY OFF D ' APPROVED AS TO FUNDING: By:ak 121.UO Director of Fin ce ��C /,lo,kw 4 <nL k Finance 5 07.016- 133.2-� 4 C a) ire< et C tO a) E a) CD L tin • f C U iiiri ]V}qd W 1 cu es U 1 i 0cc A. O 4-0 • U^ ' ♦ W Z v) 11U4 _______ 1 ^ 404 g L to ( lel ° Limit t it NJ r44 a i CO Cl_ �� .. _ - I I 1' o. Q aJ f: s,_ 4-1 cn +—• 0 iw-it- I ac NJ �°J N Lel — --xV.. 00 i I , (13 m a) SP o_ 0 L \ CI\ a' it jai 4-1 ii 1 V JJ9IHX3 CITY OF GREELEY, COLORADO RESOLUTION 24 , 2016 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY GOVERNMENT CONCERNING A REVOCABLE LICENSE AGREEMENT FOR USE OF THE CHASE PLAZA FOR EVENTS WHEREAS , Weld County Government is owner of property located at 822 7th Street, Greeley, Colorado, including a pedestrian plaza shown as Exhibit A on the attached revocable license agreement (Exhibit 1 ), and WHEREAS , the City of Greeley desires to use the Plaza Area for the purpose of conducting various events throughout the year, and WHEREAS , Weld County and City of Greeley have agreed to enter into a revocable license agreement to define mutually acceptable terms and conditions to allow City' s use of the pedestrian plaza. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO : Section 1 . This Intergovernmental Agreement by and between the City of Greeley, Colorado and the Weld County Government containing a revocable license agreement, attached hereto as Exhibit 1 and incorporated by reference, is hereby approved. Section 2 . This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED, APPROVED AND IN EFFECT THIS 15th day of March, 2016. ATTEST : GREELEY, COLORADO ClerA By: City Mayor 61-40 Hello