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Home My WebLink About20161333.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PARKING 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 an Agreement for Parking 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 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 Agreement for Parking 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 th Jd o:A WELD COUNTY, COLORADO e/1144) S4 ATTEST: Mikatex Mike Freeman, Chair Weld County Clerk to Zrd Sean P. Cones y, Pro-Tem BYE De ty Clerk to the Board �•r 'e A. Cozad/ / % r�ta� I`:�'�► ' y Ki meyer Co n y •ttorney +r Moreno Date of signature: a: 66 (TT) 5-18-* 2016-1333 e-t s-t-7 BG0018 PARKING AGREEMENT HIS PARKING AGREEMENT ("Agreement"), is made and entered into this /0 day of , 2016, by and between WELD COUNTY, COLORADO, by and through 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, City leases parking from various property owners in Greeley' s central business district and permits parking in those spaces by area businesses and individuals through its Downtown permit parking program. City customarily issues parking permits on a quarterly basis; and, WHEREAS , City has leased sixty-four (64) parking spaces located at 501 8th Avenue, Greeley, Colorado, from Swift Publishing Company, shown on the site map, attached as Exhibit A, and referred to herein as "Tribune Lot;" and WHEREAS , County desires to purchase permits for up to forty (40) parking spaces within the Tribune Lot to be used by County employees during normal County business hours (7 : 00 a.m. to 6 : 00 p.m. , Monday through Friday) ; and WHEREAS, County is the owner of property located in Greeley' s central business district, shown on the site map, attached as Exhibit B - 1 , and referred to herein as "Courthouse West Lot" and "Courthouse Southeast Lot;" and WHEREAS, County is the owner of property also located in Greeley' s central business district, shown on the site map, attached as Exhibit B -2 , and referred to herein as "Chase North Lot" and "Chase Annex East Lot;" and WHEREAS , City desires to use the Courthouse West Lot, Courthouse Southeast Lot, the Chase North Lot, and the Chase Annex East Lot (together referred to herein as "County Lots") for free public parking from 6 : 00 p.m. to 6 : 00 a.m. , Monday through Friday, on weekends, and County designated holidays, in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements to be performed hereunder, City will issue parking permits to County, and County will allow City to sign the lots and advertise the use of the County Lots for free public parking after hours,on weekends, and holidays following the terms and conditions set forth herein. 1 . County retains the right to revoke this 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 1 2016- 1333 intended date of revocation. Such notice shall be sent to the Assistant City Manager via Certified Mail to the address specified in Paragraph 4, below. City shall have the duty of informing County of City' s change in contact person or address. 2 . City may terminate this 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 4, below. County shall have the duty of informing City of County' s change in contact person or address . 3 . City will issue permits for 40 parking spaces to County within the Tribune Lot at the prevailing rate for permit parking as set by the City each year under the terms and conditions of City' s Downtown parking program, except that such permits will be automatically renewable for as long as City leases the Tribune Lot. In the event that City is no longer able to lease the Tribune Lot, City will make best efforts to provide equivalent spaces to County within three (3) city blocks of the County office building which houses the employees for whom the parking permits are intended. 4. Except for the negligence of City, to the extent authorized by law, County agrees to indemnify City, its successors, assigns, employees, and agents, and save and hold them harmless from any and all third party claims and damages directly resulting from its employees ' use of the Tribune Lot. 5 . City shall comply with the following rules at all times when allowing free public parking in the County Lots: a. Free public parking shall be allowed only after normal County business hours (7 : 00 a.m. to 6 : 00 p.m. , Monday through Friday) or on weekends or County designated holidays. b . City shall place parking signs in the County Lots stating the days and times the free public parking is available and that during normal County business hours, non- permitted vehicles may be ticketed. City shall be responsible for the maintenance of such signs and such signs shall remain the sole and exclusive property of City. County reserves the right to approve all signs which City proposes to post. 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 public use of the County Lots. 6. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when delivered via Certified Mail, addressed as follows: 2 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 7 . Neither party may assign any or all of their rights under this Agreement. 8 . 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 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. 9. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this 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 Agreement shall be deemed valid and enforceable to the extent permitted by law. 10. No portion of this 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 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 Agreement. 11 . It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this 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. 3 CITY OF GREELEY,COLORADO WELD COUNTY, COLORADO APPROVED AS TO LE AL FORM: By: —m.A-.12.c1 ,,,_ B Chair APR 1 8 2016 ity Attorney ATTEST: ,t1%) Weld . my Clerk to the 'oard tz• `' APPROVE STANCE: By: By: 1 Deputy filer Clity n gc APPROVED AS TO LEGAL FOR . " f AVAILA ILITY OF FUNDS:, ""`�'�""" � By: BY OidACA,44:4e/ es//4 County Attorn y Director of Finance 4 oZ0/lv— /33 r. re< Q � CU ay i to scu t 1 CU v-) V ftlaft— a.1, ..t • _..r if i ro ic . 1 cC +--I +-1 U a) • w _�_. CU ti I 12 ‘119111 I V) ga .r 1 1 . ,.,,,„, L... , , "rt. 24� N (75 co Cl. .. . ~-0w J 1 CO ft y -W5eM fYC_ _ qtr+ T Ian T C (\ p I .C g4 N 00 raisami La a) O. O CL +-1 C D U 1 . - a) V 1 19 I HX9 iiimi Exhibit B- 1 Weld County Courthouse Parking lots available for public parking afterhours and weekends ' 4 'CIS o .FELE'� z County - arkt Lots O RIG1 [ Il ! -3 € ;4 t.e, lingillgR a w Nsa i am w i 444 f Legend se , Tilt it ii;ft Alf 1st : :G`f- s f ' e a`S°:',,.4 i F �,,.w ,, •.a'6• �rr,�x�ix .. .. - _ t S . M ‘ i 4 u --- c ,.. . . ," . , , . . , ...„ ,, , / • x 1 - County 111 s ... Courthouse West - �I .. 1 J ty . 1— it J, : h ) �44�1, , iiii I if it n 2P for 'it , N ^ 1 joinItI1iJLT!1' 1 DIM . . iii tve iIli , ♦ t,., 1 County 4 Mar Courthouse S+ Ili 4 4t ^ �• , I .. - Southeast lot ✓ aoe +.ewers,' �' I ._ 3 • .. A . J. ., } astilill I Y ph N42 ; .� r . . � •. :, 00.5 .Y". .., - ,� J ... .. W f\ • { ri •" i _ .r• w" it adz gar iis an .. 0 • • 1 .. u , ,,.M , .me j _ �!t" q�y� :.1 . , a r IN-0tyrlxw..roc^.^ac•hw, Yr i....- • ,v it mwlyglp ;, ;r :.j. 1 ' notes v.: I t 0_20.0B �3 Mlles � Ave./West Cawtfiouse by This map is a trier so01J11rated static oulpst from art 'r rat raPpappin9 sits and is t 3.11 SVSE Courthouse loU redaireilDec'4 Igbala layers' ar on tt►s sr► , rosy or may riot to Foust': It ao_t 36.3_F-IARN_st ru_GaFcadc_l ortLf1Ps C5O1 feet art or alhorrelse militia V Oty of Greeley SS 344'1 t6 Tin lilies$r liat TO BE i' FC-R 1 1M'GAT1C'41 ORAI'VEY PURPOSE 0 EXHIBIT B-2 Weld County Courthouse Parking lots available for public parking afterhours and weekends CITE' iFEL ' r - Coty Parking Low O I I is v • usi Hp 1 w� ; : II 4. { 0 bit Etl -141-1-'..?'ft 1 - County • CHASEnorth lot liallYY 3. 1 1r o 1 I ie. 1 4 $ 2 - County r 2 CHASE Annex w....!," .�. :.>...s!.4/ `I . ( I rl east lot i aa *skit ? 1t I� u II • S.r , Li . li s N K : rI' 3 - s �� " � ' z x R::,:, . stir r Sff ., '� 3' it t4 . C C .. ......... . ..... ......... . ... . .. .. . ....... . . . . .. . :1 :# k i rot ini \, , p ., : ! . ,, 4 A) Jr n .Noft ik i2 3 .n: IC- r ii7 Lir r "! M 1S „rte ' .. 3, mg Al i g A ._ _. i Ilh This reap is a taargoraoratsi stark outpkit train an klrait nrappkv sits grid is tr East CHASE Annex lot r 1c a only. Data layers Ira apiplaar on this map may or may not tat accurst ?SLAG_1 HARt{Stete atrrt_Catoc io_North_J1P5 C50I Ieat oaradA or fatliervasa ralialbia C! City of Gcatky GS 3/10/2016 TINS MAP IS ti) SE USED FOR 1►A GAT1ON OR SURVP, PURPOSES Hello