HomeMy Public PortalAboutResolution 2015-12-10 Approving a License Agreement Which Permits an Off-Premise Sign, with Conditions with the Owners of Sharkey's Eatery, Located at 221 DocSusie Ave in FraserTOWN OF FRASER
RESOLUTION NO. 2015-12-10
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. The Town Board of Fraser, Colorado hereby approves the 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 2nd DAY OF DECEMBER, 2015.
Votes in favor: % BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OFF ASER, CQLORADO
Absent:
Abstained: BY: �'
Mayor
Oy4N OF F�S
�j
ATTEST:
(S SEAL
Town Clerk
NORA00
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into on December 2,
2015, 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 Sharky's 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 of certain property, commonly known as the
Mustang property; more legally described as Lots 17-19, Block 5, Town of
Eastom AKA Town of Fraser ("TOWN property").
1.2 LICENSEE has requested permission to place an off -premises sign on said
TOWN property.
1.3 In accordance with the Fraser Municipal Code Section 16-10-330, "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 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 place an off -premises sign upon the TOWN'S
property, and in consideration of the Fraser Municipal Code, TOWN and LICENSEE
agree as follows:
2.1 TOWN hereby grants to the LICENSEE a revocable license to place an
off -premises sign on said TOWN property with such limitations as are set
forth herein, including, but not limited to:
a. The one sign allowed by this Agreement shall be constructed,
installed, placed, kept and repaired at LICENSEE'S sole expense
and LICENSEE agrees to maintain said sign in good repair
during the period of this Agreement as depicted below.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasereolorado.com
I
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.
LICENSEE shall apply for a sign permit and pay the applicable
fee.
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
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
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
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
A Municipal
Jeffrey L. Durbin,
.= Town Manager
OF FPq
ATTEST: �o
By: SEAL
Lu Berger, Town rk ,
LI(
By
U
CO ORP1%
Town of Fraser
PO Box 370, Fraser. CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
STATE OF COLORADO )
ss.
COUNTY OF GRAND )
Subscribed and sworn to (affirmed) fore me this G�� day of nor 2015,
by �c7>ti�a ��ouL , & ��t �Qe P S'v�q-r-
l l'(w
TRACY WELCH Notary Public
NOTARY PLISM
STATE OF COLORADO My commission expires:_q <�
NOTARY 10 #20064038563
MY comml ff]E-� 09V4?12018
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com