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Home My Public Portal AboutResolution 2013-12-10 Approving the Revocable License Agreement with Rendezvous Colorado LLC, Permitting 2 Sheds Owned by Rendezvous Colorado LLC to Remain on Town Property TOWN OF FRASER RESOLUTION NO. 2013-12-10 A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT WITH RENDEZVOUS COLORADO, LLC. PERMITING 2 SHEDS OWNED BY RENDEZVOUS COLORADO, LLC. TO REMAIN ON TOWN PROPERTY AND ALLOWING THE TOWN TO CONDUCT RANDOM INSPECTIONS OF THE CONTENT OF THE SHEDS 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 ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 11th DAY OF DECEMBER, 2013. Votes in favor: -7 BOARD O T USTE F THE Votes opposed: TOWN O F SE , C OR O Absent: Abstained: BY: c Ma r ATTEST: (SEAL) Town Clerk COL OR ADO LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into on December 12, 2013, by and between THE TOWN OF FRASER, COLORADO, a municipal corporation, P.O. Box 370, Fraser, CO. 80442 (the "TOWN") and Rendezvous Colorado, LLC, P.O. Box 149, Winter Park, CO. 80482 ("LICENSEE"). This agreement is effective upon execution of the LICENSEE and following execution by the Manager of the Town of Fraser on the date indicated below. ARTICLE 1.0—RECITALS AND PURPOSE. 1_1 The TOWN is the owner of a certain 15,989 square foot parcel of property known as Well Site No.5 and legally described in Exhibit A ("TOWN property"). 1_2 LICENSEE has inadvertently erected 2 (two) storage sheds with concrete pads on said TOWN property. 1_3 LICENSEE has requested, and the Town has agreed to grant a 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 leave the two (2) existing storage sheds with concrete pads on said TOWN property, TOWN and LICENSEE agree as follows: 2_1 TOWN hereby grants to the LICENSEE a revocable license to leave in place the two (2) existing storage sheds with concrete pads on said TOWN property with such limitations as are set forth herein, including, but not limited to: a. LICENSEE shall perform best management practices so as not to engage in any activity which creates a foreseeable risk of damage or injury to the Town's drinking water supply as outlined in the Town of Fraser Municipal Code, Article 3; Water Supply Protection District, Sections 13-3-10 through 13-3-90. b. The maintenance and repair of the 2 (two) existing storage sheds allowed by this Agreement shall be at LICENSEE'S sole expense and LICENSEE agrees to maintain said storage sheds in good repair during the period of this Agreement. In addition, the location of the two (2) storage sheds shall remain in the existing locations as depicted on the attached Exhibit B. Town of Fraser PO Box 370,Fraser.CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com C. LICENSEE understands and agrees that the TOWN shall not be liable or responsible for any costs related to any damage, maintenance and/or repair of the two (2) storage sheds pursuant to 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 thirty (30) days written 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 storage sheds 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 seq., C.R.S., as amended. 2_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. 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 Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 ,xww.frasercolorado.com 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.FRASE A Municipal Cor Watron Jeff e TowrflUlanager ATTEST: By: LA &,jCQ A Lu Berger, Town rk LICENSEE Terry Stanford, Rendezvous Colorado, LLC. STATE OF COLORADO ) ss. COUNTY OF GRAND ) Subscribed and sworn to (affirmed) before me this day of J 201 , by iA" UP— Notary ublic My commission expires:_ - [ S E A L] Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.fraserco l o rad o.coin