HomeMy Public PortalAboutResolution 2015-12-11 Approving a Revocable License Agreement with Rendezvous Colorado LLC Permitting 2 Sheds Owned by Rendezvous Colorado LLC to Remain on Town PropertyTOWN OF FRASER
RESOLUTION NO. 2015-12-11
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. 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: Z
Votes opposed:
Absent: �?
Abstained:
of F�\
(S E SEAL
C�l.pczr..� r
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Mayr
ATTEST:
Town Clerk
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,
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 seg., 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
www.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
pal Co
r�i L. Durbin,
Town Manager
ATTEST: �o�� of F�
By: SEAL
Lu Berger, own lerk
COLORPO�
LICENSEE
By:
Terry Stanford,
Rendezvous Colorado, LLC.
STATE OF COLORADO )
ss.
COUNTY OF GRAND )
Subscribed and sworn to (affirmed) before me this day of
by
[SEAL]
Notary Public
My commission expires:
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
2015,
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 C!FI
A,QAuNcipal
of 6 L. Durbin,
own Manager
ATTEST:
By: C
Lu Berger, Town
SEAL
rk `
�.,�^ot.o�a
LICENSE
By:
Terry Stanford,
Rendezvous Colorado, LLC.
STATE OF COLORADO }
ss.
COUNTY OF GRAND )
Subscribed andpwworn (affirmed) before me this I day of, 201'
by1-�
MINDY O'NEIL taryPublic
NOTARY PUBLIC
STATE OF COLORADO My commission expires:
NOTARY ID #20074016615
MY COIAl§ 6N 4*tS APRIL 25, 2019
-1 cnv,ra of Fraser
N) Box 370. 1 maser, 0) 80442 office W'70-=26-5491 fax 9,70 -'•?{i -551;s
;vvvw,frasercoJorado.com