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Home My WebLink About20152985.tiff RESOLUTION '' RE: APPROVE REVOCABLE LICENSE AGREEMENT FOR USE OF STAIRWELL ACCESS AT 822 7TH STREET, GREELEY, AND AUTHORIZE CHAIR TO SIGN - CONSERVATORY GROUP, LLC 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 Stairwell Access at 822 7th Street, Greeley, Colorado, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Conservatory Group, LLC, commencing on August 26, 2015, through and until August 26, 2016, with further terms and conditions being as stated in said lease 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 the Use of Stairwell Access at 822 7th Street , Greeley, Colorado, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Conservatory Group, LLC, 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 14th day of September, A.D., 2015, nunc pro tunc August 26, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:C�� ,/_�� '�'«� arbara Kirkme er, Chair Weld County Clerk to the Board ,� �Q � �I A u.�R.t : )�,.p......- ' � Mike Freeman,Pro-Tem BY: - �=� uty Clerk to the B ard - % � � � Sean . Conway �� /� ��APP D AS"T RM: ' USED � ie�� Q ie A. Cozad � t ttorney CUSED g�a� ��°� teve Moreno Date of signature: 2015-2985 CG• ��„ �`'�, PR0034 • 1861 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970)304-6531 ✓�;I �� FAX: (970)304-6532 V] c o U N T Y j WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 2,2015 To: Board of County Commissioners From:Toby Taylor Subject: Conservatory Group LLC Recommendation This agreement is regarding the Weld County Building located at 822 7th Street. The agreement would allow the Conservatory Group LLC employees and/or contractors to access their roof during normal business hours by using the stairwell of our building. Buildings and Grounds is recommending approval of this lease. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2015-2985 9 \,q R DDS REVOCABLE LICENSE AGREEMENT FOR USE OF STAIRWELL ACCESS AT 822 7"' STREET, GREELEY, COLORADO, FOR ACCESS TO ROOF OF ADJOINING BUILDING THIS REVOCABLE LICENSE AGREEMENT("License Agreement"), is made and entered into this 240 day of Au x\D 5+ 2.b t 9 , 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 0 Street, Greeley,Colorado 80632, hereinafter referred to as"County,"and CONSERVATORY GROUP,LLC,whose address is 813 8t Street,Greeley, Colorado 80631,hereinafter referred to as "Conservatory Group." WITNESSETH: WHEREAS,County is owner of property located at 822 7'h Street, Greeley, Colorado, hereinafter referred to as"822 76,"and WHEREAS, Conservatory Group is in need of the use of the stairwell access at 822 7'" ("Stairwell Access") in order to access the roof of its building located at 813 8'"Street for maintenance purposes. NOW,THEREFORE, in consideration of the covenants contained herein and the agreements of Conservatory Group to be performed hereunder, and upon the conditions herein stated, County does grant to Conservatory Group, its successors and assigns, a revocable license to use the Stairwell Access 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 Conservatory Group 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 Conservatory Group via Certified Mail to its address written above or served upon Conservatory Group in accordance with the Colorado Rules of Civil Procedure. Conservatory Group shall have the duty of informing County of City and/or DDA's change in address from its address written above. 2. Conservatory Group shall comply with the following rules at all times when using the Stairwell Access: a. All of the Stairwell Access shall take place only during normal County business hours (7:30 a.m.to 5:30 p.m., Monday through Friday). b. Use of the Stairwell Access is limited to the principles, employees,contractors, and/or agents of Conservatory Group, solely for the purpose of maintaining the roof of 813 8t Street. 1 c. Use of the Stairwell Access must be coordinated with County's contracted property management company prior to the Stairwell Access being used to gain access to the roof of 813 8th Street. d. Conservatory Group shall leave no trash and/or debris within the Stairwell Access, or in any way obstruct the Stairwell Access. e. Use of the Stairwell Access by Conservatory Group,pursuant to this License Agreement, shall occur without the aid or use of Weld County funds. f. Conservatory Group shall ensure that the outer doorway which gains access to the roof of 813 8t Street from the stairwell is securely closed after use. 3. In consideration of the granting of this License Agreement by County, Conservatory Group agrees to provide to County a certificate of insurance covering general liability in the amount of$600,000,naming County, its employees and officers, as additional named insureds. Except for the negligence of County, Conservatory Group 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, including workman's compensation claims, caused either directly or indirectly by use of the Stairwell Access by Conservatory Group, its employees, contractors or agents. Conservatory Group shall ensure that its employees, contractors and agents using the Stairwell Access pursuant to this License Agreement are covered by workman's compensation insurance in amounts adequate to meet all statutory requirements. 4. Conservatory Group shall not assign any or all of their 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. S. 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 enfarcement, 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. ATTEST: C/i�r�W! � �� WELD COUNTY,COLORADO, by and Clerk to the Board through the Board of County �� Commissioners of Weld County, olorado t�6t � � BY� y: eputy Clerk j' arbara Kirkme er, Chair SEP 1 4 2015 CONSERVATORY GROUP, LLC gy; ��1�dR ��\�-- -� Title: ��.;��"v� f SUBSCRIBED AND SWORN to before me thi��day of S� , 20� \I7`�wi'.�:T�i'�e'y�J�'•�1•�a�C�'�iiA`'�i�GIZIT �� '�r��.. LIt�QDA WILGAR HIC3'i',i�.RY PUBLIC -- , '� .�,� ST/4TE �w COi.ORdDO % ; N0TARY ID 20034015073 otary Public MY C0MMISSI0N EXPIRES MAY 29, 2019 y commission exp�res: 3 �o�5-z��',S Ci) RE: LEASE FOR 822 7T" STREET (CONSERVATORY GROUP LLC) ATTEST: v�� BOARD OF COUNTY COMMISSIONERS Weld o ty Clerk to t e Board WELD COUNTY, C LORADO � BY �` C. . eputy lerk to the Bo arbara Kirkmey r, Chair S p 1 4 2015 � APPROVED AS T F DI G� � PROVED AS TO SUBSTANCE: '��.� � � � Controller Elect icial or Department Head APPROVED AS TO FORM: Ol/ I �. � Director o G�eral Services • �,,,.,_ County Attorney ��5��5C2� Aug.12.2015 04:39 PM GLEN WALL INSURANCE SERVI 970 353 9224 PAGE. 1/ 1 A4c4� 1".. CERTIFICATE OF LIABILITY INSURANCE OATS IMMIODM•W) .-_— -- 08/1215 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES. BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT;If lho certificate holder is an ADDITIONAL INSURED,the polley(les(must be endorsed.If SUBROGATION 18 WAIVED,eUb(ec1 to ___ the terms and conditions of NMI policy,certain policies may require an endorsement,A.teternenl on this wrtIfIcete done not confer rights to the certificate holder In Bleu of ouch endonement(s(. PRODUCER DONTAb►— ..._.._ ..........J_.__ Ja Well . Glen Wall InaUtence Services,Inc. ""`-"" --- -- ,re no (870)353-2020 - 1Vt (970)353.8224 1013 37th Avenue Own,Suite 11101 m ""'• Greeley,CO80834 -aODR�ea:.. temra9®woslolfioe.nel 88.88_______.--.. INSURER b APFOnDINO COVERAGE NAIL. (970)353-2020_ —' •-^— Phone ,,, Fe% --'--`-"^^ ------• 'NSRE- 8 888..(070)353-0224INSURlW A: Owners lnaVlAneB Company INSURED _8.8_8_8-8888.. ..,....._ 8888._.. INSURER B: Conservatory Otoup LLC _INSURER C: _.- 813 Bih Street INWemko; EY,CO 80631.391i .IN9aPtn c__-_ _—_8888 .. .........._INSURER F: COVERAGES --__ER.,88I_A__ —.._.... , --88.88.,_. CERTIFICATE NUMBER: REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE kOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITB SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, AOdL BURR TYPE Of INSURANCE POLICY POaCY lAI PeuDyy E% -... - JNaX WYR,,,_. CY NUMBER „INMIODIYYY MM/DOh'Y� UNITE GENERAL-LIABILITY --C- .. ...-............-..__— —__, R EACH OCCURRENCE I f y000ODO.DO OLI COMMERCIAL GENERAL LIABILITY pAMM1UE TO -- aueo pea,e0 s 300,000.00 _ U LI CLAIMS.MADE n OCCUR n) S 1DODDAO A y 124632-74070057-15 MED E%P(AnY en.par 01/310015 01/31/2010 etRaONAL a=DV INJURY a 1,000,000.0D U---""`-"'"""""" --'-`• UENERALADOREGATE 3 2000,900110 SEAL AGOREOATE LIMIT APPLIES PER: - t ❑POLICY 0PRc" ❑LDC • PRODUCTS•COMP/OP ASS 6 2,000,000.00 J COMBINED SINGLE LIMB D ANY AUTO 1.000.000.00 AUTOMOBILE LIABILITY Ea saadam nit DwNFA BODILY INJURY pm pone, S BCNEOULEO 12463244070067-16 eGDlLr weuRr A .. Auras ❑Auios ...-'— _._. WI CC��NowDWNED 01131/l015 01/31/2016 Aer.ade— s 17.1 HIRED AUTOS CJ pUT09 eaBwleel,DE S - -....................._�'------ II 1. ImR _888_.._ L1 UMBRELLA Lae ❑OCCUR s--.....�_ �_,I CURSOR LIAR E.] EACH OCCURRENCE__ e _ ,.CLANSMAN '' '--II'��—'— AGGREGATE ❑OED I._I RETENTION —....'.- .. ........... 'f""_•__.. ..... E COMPENSATION ---...•••..•..,_........_.__._88_8_8------------ Wont/ORB .--__... AND EMPLOYERS LIABILITY YIN ❑INC STAN NI. CJ ERI ONYCE VIEETORNARTNER/D%ECUTIVE 1 OFFICFAdAEMOER EXCLUDED? NIA E.L_EAC1.AGOILENT 6 IMaedebryln NM) r_,I E.L.019F.A9E•EA EMPLOYE 1 II yea,enodoe antler .-....D__._. DESCRIPTION OP OPERATIONS below E.L.O19EABE•POLICY LIMIT 1 DESCRIPTION OF OPERATIONS(LOCATIONS IVQNIGLEe Aaace ACOR0 Let,Additional Rema ."__ l nl.Schedule.II men spas.la raqulmd) --"'---'""'•' • CERTIFICATE HOLDER "'--"---' —ON --- ---- CANCELLATION "--"-'-- SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld county THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Department Al BUIiOIng 8 GroUnde ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street 88 8 8.--...-.. ---.._.. .........__. AVTHOMTED REPRESENTATIVE Greeley,CO 80832 Ji dr ACORD 76(2.10106)OF 010 ACORD CORPORATION.All rights reserved. The CORD name and logo ere registered Marko of ACORD Hello