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Home My WebLink About20152987.tiff RESOLUTION RE: APPROVE PROPERTY USE AGREEMENT FOR IPAD AND AUTHORIZE CHAIR TO SIGN - GENE STILLE I 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 Property Use Agreement 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 Planning Services, and Gene Stille, commencing upon the full execution of signatures, and ending with Planning Commissioner's membership, 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 Property Use Agreement 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 Planning Services, and Gene Stille 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 14th day of September, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: �.��,.� � .�%� ' . Barbara Kirkmey r, Chair Weld County Cle to the Board ^� _ . r, - Y�„-,I�.�� _ - Mike Freeman, Pro-Tem B D puty Clerk to the Board � � P. Conway � �� isst � , APP A`S T RM: ED � � ul� A. Cozad �� '� o Attorney --.� � XCUSED Steve Moreno Date of signature: � � ��(� I�LC�� PR0034 AGREEMENT FOR USE OF WELD COUNTY PROPERTY THIS AGREEMENT, made and entered into this 4th day of August, 2015, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 O Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Gene Stille, whose address is 32886 CR 49, Eaton, CO hereinafter referred to as"Planning Commissioner." WITNESSETH: WHEREAS, Planning Commissioner is a member of the Weld County Planning Commission, appointed by the Board of County Commissioners of Weld County to such position on August 1, 2015, and WHEREAS, as part of his or her duties on the Planning Commission, Planning Commissioner will need to use a County issued i-Pad, which has serial number V5044272Z39, and WHEREAS, Planning Commissioner understands and acknowledges that he or she may use the i-Pad for as long as his or her term as a Planning Commissioner, and WHEREAS, Planning Commissioner hereby agrees to use the i-Pad according to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from the date of signature hereunder until the end of Planning Commissioner's membership on the Planning Commission. 2. USE OF i-PAD: County hereby grants to Planning Commissioner the right to use the i- Pad for Planning Commission business only, including taking the machine home, in accordance with the following rules: a. To keep the i-Pad clean and neat. b. To use the i-Pad only for Planning Commission business. c. To ensure that the i-Pad is safely stored when not in use. d. To exercise reasonable care with the i-Pad, making certain that it is not dropped or exposed to water, chemicals, or extreme hot or cold conditions. e. To refrain from adding any applications to the i-Pad other than what is needed to conduct Planning Commission business. Page 1 of 3 Pages 2015-2987 f. To use and maintain the i-Pad in accordance with the manufacturers recommendations. 3. TERMINATION: This Agreement may be terminated by either party hereto by providing written notification to the other party at least five (5) days prior to the date of such termination. In any event, this Agreement shall terminate at the end of Planning Commissioner's appointed term. Planning Commissioner agrees to return the i-Pad to County upon termination of this Agreement. 4. COST/FUNDING: The use of the i-Pad as described herein shall be at no cost to the Planning Commissioner. 5. NON-ASSIGNMENT: This Agreement shall not be assignable. 6. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. 7. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written, present or past. 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 contained 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 deemed an incidental beneficiary only. 8. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the parties or their officers or employees may posses, nor shall any portion of this Agreement be deemed to have created a duty of care but did not previously exist with respect to any person not a party to this Agreement. 9. DAMAGE TO i-PAD: Any damage to the i-Pad should be immediately reported to the Planning Department. The undersigned agrees that he or she may be required to pay for repair or depreciated replacement costs for any damage to i-Pad caused due to negligence, poor care, or loss. Page 2 of 3 Pages IT WITNESS WHEREOF, the parties have hereunto set their hands and seals this l� �' day of � , 2015. ATTEST: �� ;� COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE ' BOARD OF COUNTY COMMISSIONERS By: � OF THE COUNTY OF WELD Deputy lerk to the Board �,� , � � � � E ta�t � � n t� ' arbara Kirkm er , Chairman l ��r _ ��. PLANNING COMMISSIONER � Page 3 of 3 Pages �ol�-aq��) RE: AGREEMENT FOR USE OF WELD COUNTY PROPERTY ATTEST: C/,�Q��+t�1/ � �C�[LD�� BOARD OF COUNTY COMMISSIONERS Weld y Clerk to t e Board WELD COUNTY, OLORADO � ' BY: Deputy lerk to the Board arbara Kirkme er, Chair S�P 1 4 2A1� �� APPROVED AS O N PPROVED AS O SU STANCE: �L� � Controller Elected Official or Department Head APPROVED AS TO FORM: �/a ,�� _ Director of General Services l�� County Attorney �pf��q�'1�2� Hello