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Home My Public Portal AboutResolution 2017-04-01 Authorizing License Execution for Guiding and Casting Lessons Cozens Open Space and Fraser Ponds 1 & 2 TOWN OF FRASER RESOLUTION NO. 2017-04-01 A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE FOR GUIDING AND CASTING LESSONS ON COZENS RANCH OPEN SPACE AND FRASER PONDS 1 AND 2 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Mayor is hereby authorized to execute the attached license agreement for commercial guiding and casting lessons on Cozens Ranch Open Space and Fraser Ponds 1 and 2 after Grand County Water and Sanitation District #1 has aproved the agreement. DULY MOVED, SECONDED AND ADOPTED THIS 5T" DAY OF April, 2017. Votes in favor: BOARD TRUSTEES OF THE Votes opposed: O TO FRASER, COLORADO Absent: �2 Abstained: Q BY: M yor ATTEST: �S E � N of F,tvl� Town Clerk 11 SEa�/ 4ORAOO COLORADO: h t.-lit----"Is; -.::: _h. 4*.' - License Agreement Permission is hereby granted by the Town of Fraser (hereinafter referred to as "Town") to Winter Park Flyfisher/Grand County Fishing Co. (hereinafter referred to as "Licensee") for "commercial recreational" use of its public lands in connection with guided wade fishing trips along and within the Fraser River lands owned by the Town of Fraser (Town), located south of CR 804 and north of Rendezvous Road and commonly known as Cozens Ranch Open Space, and conducting fly casting classes and lessons on the Fraser Ponds 1 and 2 owned by Grand County Water and Sanitation District #1 (District) (hereinafter referred to as "Subject Lands"). This license is subject to all provisions of the commercial operational guidelines contained herein, the State of Colorado outfitter licensing requirements, and is limited to use of the Subject Lands for the purpose of conducting guided fishing trips and fly casting classes and lessons only. A copy of this license shall be carried by guides, employees and representatives of the Licensee while operating activities on the subject lands. This license has been granted pursuant to the following stipulations: 1. The Licensee shall operate as a licensed and bonded Active Outfitter under the permit number as issued by the State of Colorado, Department of Regulatory Agencies. All guides employed by the Licensee will adhere to all pertinent regulations of the State of Colorado and all will maintain First Aid and CPR training certificates. Additionally, all will be equipped with appropriate first aid equipment during the conduct of all commercial operations. 2. The Licensee operations shall be limited to guided fishing trips and fly casting classes and lessons only (Activities). a. Guided fishing trips shall not exceed four hours in duration between the hours of 1:00pm and 6:00pm and shall include no more than one guide and two clients. Such trips may only be conducted on Mondays, Tuesdays, Wednesdays, or Thursdays. No Activities are permitted on any federally recognized holiday or during any special events on the Subject Lands. b. Fly casting lessons may occur on Fraser Ponds 1 or 2 between the hours of 8:00am and 6:00pm on Mondays, Tuesdays, Wednesdays, or Thursdays and 8:00am and 1:00pm on Fridays. Up to 12 people may participate in lessons at any one time and lessons shall not exceed two hours. 3. The Licensee shall maintain daily logs and reports of Activities. Reports shall be submitted to the Town on a monthly basis. Reports shall include the following information: a. Section of river fished and number in party. b. Clarity of water. c. Water temperature. d. Observance of angling pressure (light, medium, heavy). Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com e. Fish count by species (Rainbow, Brown, Cutthroat, etc.). f. Water level as reported by the United States Geological Survey. 4. The Licensee will collect a daily access fee from each client equal to 4% of the cost of the services provided to a client (exclusive of gratuities) and remit such fees to the Town on a monthly basis. 5. The Licensee's operations will be conducted in an "environmentally friendly" manner and shall be limited to catch and release fishing employing barbless hooks only. Any changes in the aquatic habitat (i.e., moving or placing of any structure) and trimming of any vegetation or other physical changes to the Subject Lands are strictly prohibited. No Activities shall occur on the Subject Lands when water temperatures exceed 65F° degrees. 6. This license does not provide the Licensee with any authority to enforce any local, state, or federal laws or regulations, nor does it exempt the Licensee from any such laws or regulations. The Licensee is encouraged to report any violations to State Wildlife Officers or local law enforcement officers, but shall not initiate or undertake any enforcement contact or actions. 7. The Licensee shall maintain a current business license with the Town and shall maintain a current outfitter license with the State. 8. This license does not provide any special parking or access privileges on the Subject Lands, and the Licensee does not have priority over any special events conducted on or any other public use of the Subject Lands. The Licensee agrees to assume all responsibility for any risks associated with the use or condition of the Subject Lands or the Town/District owned facilities on it, and the Activities conducted pursuant to this License. The Licensee hereby forever releases and discharges the Town and District all of their agents and employees from any and all liabilities, claims, demands, or causes of action that the Licensee may hereinafter have for injuries or damages arising out of the use or condition of the Subject Lands or the Town/District owned facilities on it, whether or not caused by the negligence of the Town, District or its agents or employees. The Licensee further agrees to obtain a similar release in writing from any and all other clients engaged in the Activities, including employees and guests of the Licensee , such release to be substantially in the form which is attached hereto and incorporated herein by this reference. Such form of release bearing the original signature of each participant in the Activities shall be obtained before commencement of the Activities and shall be delivered to the Town along with a monthly report of the month in which the Activities occur. The Licensee further agrees to indemnify and hold the Town and District harmless from and against all damages, losses, claims, judgments, costs and expenses, including attorney's fees, suffered or incurred by the Town and/or District in connection with or as a result of the use or condition of the Subject Lands, the Town or District owned facilities on it, or the Activities permitted hereby, including but not limited to any claims by third parties who may use the Subject Lands or the Town or District owned facilities on it, whether or not such claims are based on the negligence of the Town, District or its agents or employees. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.fraserco I orado.com Prior to commencement of any Activities pursuant to this License, the Licensee shall provide the Town with a current certificate of liability insurance and endorsement naming the Town and District as an additional insured, which provides coverage for the risks specified in the preceding paragraph in the following minimum amounts: $600,000 combined single limit per occurrence and $600,000 aggregate. Nothing contained herein shall be deemed a waiver by the Town or District of the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et. seq.," Colorado Revised Statutes, as the same may from time to time be amended, or otherwise available to the Town, its officers or employees. Town reserves the right to revoke the permission granted herein to use the Subject Lands at any time prior to or during the scheduled Activities, with or without cause and without liability to the Licensee or anyone else on account of such revocation, Such revocation shall be effective upon oral or written notice to the Licensee. This license is non-transferable. This license has been issued for the period of June j , 2017 through October 15, 2017 only and is subject to renewal on an annual basis. DATE To\An of Fraser By Mayor Philip Vandernail DATE Wintefpark Flyfisher/ Grand`County Fishing Co. By Jeff Ehlert Town ois Fraser PC)Box 370. Fraser,C;()80442 office 970-726-5491 fax 970-726-5518 wwv,.fi aserco!orado.com