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Home My Public Portal AboutResolution 2012-12-10 Approving a License Agreement Which Permits an Off-Premise Sign, With Conditions, With the Owners of Sharky's Eatery TOWN OF FRASER RESOLUTION NO. 2012-12-10 A RESOLUTION APPROVING A LICENSE AGREEMENT WHICH PERMITS AN OFF- PREMISE SIGN, WITH CONDITIONS, WITH THE OWNERS OF SHARKY'S EATERY, LOCATED AT 221 DOC SUSIE AVENUE IN FRASER. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Board of Fraser, Colorado hereby approves the attached license agreement and authorizes the Town Manager to execute the license agreement. 2. All documents must be executed within sixty days of the date of this Resolution or this approval shall no longer be effective. READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 5t" DAY OF DECEMBER, 2012. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN O RASE COLORADO Absent: Abstained: BY:' - May ATTEST: (SEAL) Town Clerk JEW LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into on December 6, 2012, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (the "TOWN") and Kaydee Fisher and Veronica Callinan, owners of@harky'o Eatery ("LICENSEE"), located at 221 Doc Susie Avenue in Fraser. This agreement is effective upon execution of the LICENSEE and following execution by the Mayor of the Town of Fraser on the date indicated below. ARTICLE 1'0 — RECITALS AND PURPOSE' 1.1 The TOWN is the owner ofcertain propedv, commonly known as the Mustang property; more legally described as Lots 17-19, Block 5, Town of Eaa[onn AKA Town of Fraser/"TOVVN property"). 1.2 LICENSEE has requested permission to place an off-premises sign mn said TC]VVN property. 1.3 In accordance with the Fraser Municipal {}ode Section 10-10-330. "Off- premises signs may be permitted if the business street frontage is not on US 40. Property owner permission is required and off-premises signs must be approved by the Board of Trustees on a case-by-case basis." 1.4 The TOWN is willing to grant revocable license to the LICENSEE under the terms and conditions as hereinafter specified in this Agreement. ARTICLE 2.0—TERMS AND CONDITIONS. In consideration of the TOWN'S agreement to permit the LICENSEE to place on off-premises sign upon the TOWN'S propedv, and in consideration of the Fraser Municipal Code. TOWN and LICENSEE agree as follows: 2.1 TOWN hen9hv grants to the LICENSEE @ revocable license to place an off-premises sign on said T[JVVN property with such limitations as are set forth henein, inc|uding, but not limited to: a. The one sign allowed by this Agreement shall be uonatnuoted, inst3||ed, p|Rced, kept and repaired at LICENSEE'S sole expense and LICENSEE agrees to maintain said sign in good repair during the period of this Agreement. In addition. the location of the one sign shall conform to the attached site plan on Exhibit A. The sign eh8|| be centered between the back of the bus stop sign post and edge of parking lot asphalt. Town of Fraser PO Box 37O,Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 vrrn'.6nxcron1orado.vozu b. LICENSEE understands and agrees that the TOWN shall not be liable or responsible for any costs related to any damage, maintenance, repair, or removal of the one sign pursuant to this Agreement. C. LICENSEE shall apply for a sign permit and pay the applicable fee. d. LICENSEE shall remove the existing freestanding "restaurant" sign within 45 days of execution of this AGREEMENT. 2_2 The license as granted in paragraph 2.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. The TOWN may terminate this Agreement at any time by giving forty-eight (48) hours notice in advance of the effective date of termination and specifying the date of termination therein and, in the event the TOWN exercises said right to terminate, LICENSEE expressly agrees to remove the sign from the TOWN'S property by the effective date of termination and return such property to its original condition as promptly thereafter as is reasonably possible. This license shall automatically renew each calendar year unless there is a change in ownership. 2_3 LICENSEE expressly agrees to indemnify and hold harmless the TOWN and any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorney's fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, in connection with, arising out of, or relating to the issuance of this license. 2_4 LICENSEE agrees to name the TOWN as an additional insured on their insurance policy and provide written verification of same to the TOWN. 2_5 The TOWN does not waive, nor shall anything herein be construed as a waiver of, any of the rights, privileges, or immunities granted to it under the Colorado Governmental Immunity Act, Section 24-10-101 et se g., C.R.S., as amended. 22®6 LICENSEE agrees to repair and reconstruct any damage to the TOWN"S property prior to or immediately upon termination of this Agreement for any reason and return such property to its original condition at the expense of LICENSEE and at no expense to the TOWN. ARTICLE 3.0 —ASSIGNMENT. This Agreement shall not be assigned by LICENSEE without the prior written consent of the TOWN which may withhold its consent for any reason. ARTICLE 4.0 — EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com ARTICLE 5.0 — INTEGRATION AND AMENDMENT. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. ARTICLE 6.0— NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement , and all rights of action relating to such enforcement, shall be strictly reserved to the TOWN and the LICENSEE, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third party on such Agreement. TOWN OF FRASER „ A Municipal Corporati By. 'To r By� - Town Clerk LICENSEE By: Veronica Callllinan Kayd fisher ATTEST: STATE OF COLORADO ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day o —20 by & Notary Public NO ` -,LIC My commission expires: STATE'0,F `W O! ; _JS E A L] Town of Fraser PO Box 370.Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com