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Home My WebLink About26-47 Revocable Encroachment Licence Agreement Mr. Timothy Hubach 05-20-2026RESOLUTION 26-47 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A REVOCABLE ENCROACHMENT LICENSE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MR. TIMOTHY HUBACH WHEREAS, the Town of Firestone (“Town”) is a Colorado statutory town organized and existing under Title 31 of the Colorado Revised Statutes; and WHEREAS, the Town’s mission is to exercise its lawful powers as a statutory municipality to secure, protect, and promote the inalienable rights of its community, including life, liberty, and the pursuit of happiness; and WHEREAS, the Town has identified core values that guide its governance and operations, including integrity— doing what is right—and exemplary public service—serving as faithful stewards of these inalienable rights through dedicated and selfless action; and WHEREAS, members of the law enforcement community, particularly those who have been killed or injured in the line of duty, exemplify these values through their service and sacrifice, contributing to the safety and well-being of the Town and, more importantly, assisting the Town to fulfill its mission; and WHEREAS, the Town Board of Trustees (“Board”) seeks to affirm and communicate the Town’s mission and core values in a manner that unifies the organization and guides the conduct of its officials and employees; and WHEREAS, the Town Board finds the display of blue-painted rocks (the “Memorial”), to be placed along side of the St. Vrain Ranch connector trail on Town-owned property, acts a mirror, reflecting the Town’s core values of integrity and exemplary public service, and appropriately conveys these values by honoring law enforcement officers who have made the ultimate sacrifice; and WHEREAS, Mr. Tim Hubach, who is a St. Vrain Ranch subdivision resident, is willing to donate materials for the Memorial to the Town and wants to maintain it after its installation; and WHEREAS, the Town Board desires to grant Mr. Hubach a limited personal license to permit him to perform such services related to the Memorial. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Revocable License Agreement between the Town of Firestone and Tim Huback is approved, in substantially the same form as the copy attached hereto as Exhibit A, with such additions or modifications as the Town Attorney may determine to be necessary and appropriate to protect the interests of the Town or to effectuate the purposes of this Resolution PASSED AND ADOPTED this 20th day of May, 2026. Don Conyac Jr., Mayor ATTEST: Miriam Granados Luna, CMC, Town Clerk APPROVED AS TO FORM: Marshall Keith Martin, Town Attorney Docusign Envelope ID: B0453C33-73B6-8EF2-8244-2D14BC9117B6 EXHIBIT A [Revocable License Agreement] Docusign Envelope ID: B0453C33-73B6-8EF2-8244-2D14BC9117B6 REVOCABLE LICENSE AGREEMENT THIS REVOCABLE ENCROACHMENT LICENSE AGREEMENT (“Agreement”) is entered into this 20 day May, 2026 (“Effective Date”), by and between the TOWN OF FIRESTONE, , a Colorado statutory municipality, (the “Town” or “Licensor”), with offices at 9950 Park Avenue, Firestone, Colorado 80504 and TIMOTHY HUBACH, a whose address is 6554 Sage Ave Firestone, Co 80504 (“Licensee”). Licensor and Licensee shall sometimes hereinafter be referred to individually as a “party” and collectively as the “Parties.” ARTICLE 1. THE LICENSE 1.Definitions. The following definitions shall apply generally to the provisions of this Agreement. 1.1 “Memorial” means a planter area filled with blue rocks to honor and celebrate law enforcement officers killed in the line of duty in support of the Firestone community. 1.2 “Laws” means any and all statutes, ordinances, resolutions, regulations, or other requirements of the Town. 1.3 “License Area” means that certain strip of land, within the Town-owned real property known as SAGE AVE, which is a public right-of-way, as more fully described and depicted on the attached Exhibit A, together with any and all appurtenances to such land, as the same now or may hereafter exist. 2.Grant of License. The Town grants to Licensee a non-exclusive, non-transferable, and revocable license (“License”) to use only the License Area, subject to the terms and conditions of this Agreement. ARTICLE 2. USE OF LICENSE AREA 1.Permitted Use. The License Area may be used by the Licensee for the sole and exclusive purpose of accessing, maintaining, repairing, removing and replacing the Memorial (“Permitted Use”), subject to the Town’s lawful exercise of its police powers and of its ownership rights in and to the Memorial and to the License Area. 2.Compliance with Laws. Licensee shall use and occupy the License Area in compliance with all Laws. 3.Installation and Maintenance. The Memorial shall be maintained, at Licensee’s sole cost and expense, and installed in good, workmanlike manner, and in accordance with all Laws. Licensee shall also maintain the Memorial so as to ensure that it does not impede, restrict or limit in any manner whatsoever the public’s use of the adjacent public right-of-way. 4.Reservation of Rights. Licensor reserves all other rights in and to the License Area, as well as the right to control and manage, in its sole and absolute discretion, the public right-of-way to ensure the protection and preservation of the public health, safety and welfare. ARTICLE 3. TERM AND TERMINATION 1.Initial Term. The initial term of this Agreement shall begin on the Effective Date, and end at midnight, 12:00 a.m., on the first anniversary of the date of expiration of the Commencement Date, unless terminated earlier pursuant to this Article 3 (the “Initial Term”). Docusign Envelope ID: B0453C33-73B6-8EF2-8244-2D14BC9117B6 2. Renewal Term. This Agreement shall automatically renew for successive one (1) year terms (“Renewal Term”), each Renewal Term commencing upon expiration of the Initial Term or any Renewal Term and expiring one (1) year from the then-current term, unless earlier terminated pursuant to this Article 3 or either party gives the other party written notice of non-renewal at least thirty days prior to the expiration of the then-current term. The Initial Term and any Renewal Term may be together referred to as the “Term.” 3. Termination for convenience. Either party may terminate this Agreement, with or without cause, by providing the other party with seven (7) days written notice. 4. Effect of Termination. Upon termination of this Agreement, Licensee shall remove, at its own expense, the Encroachments and any and all personal property located on or within the License Area. ARTICLE 4. DAMAGE AND RESTORATION Licensee shall be responsible for all damage or injury to: (i) the License Area; (ii) any Town installations, appurtenances, structures, utilities or improvements on, under, or adjacent to the License Area; (iii) any Town- owned property outside of the License Area, arising out of or resulting from Licensee’s use of the License, or Licensee’s exercise of any other rights granted herein. Licensee, at its sole cost and expense and with approval of the Town, shall repair such damage and restore the License Area. ARTICLE 5. NOTICES Any notice given pursuant to this Agreement by either party to the other shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, and addressed as follows: To the Town: Town Clerk townclerk@firestoneco.gov Town of Firestone 9950 Park Avenue Firestone, CO 80504 To Licensee: Timothy Hubach 6554 Sage Avenue Firestone, CO 80504 ARTICLE 6. MISCELLANEOUS 1. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. This Agreement may not be amended except in writing by mutual agreement of the parties. 2. Assignment. Licensee may not assign or transfer this Agreement or any of the rights or privileges therein granted, without the prior, express written consent of the Town, which shall not be unreasonably withheld, conditioned, or delayed. 3. Counterparts and Signatures. This Agreement may be executed by the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute one and the same Agreement. Each of the parties shall be entitled to rely upon a counterpart of the instrument executed by the other party and sent by facsimile or electronic transmission. The parties further agree this Agreement may be Docusign Envelope ID: B0453C33-73B6-8EF2-8244-2D14BC9117B6 executed by electronic signatures, and any electronic signatures, electronic record of this Agreement containing an electronic signature, or a paper copy of an electronic signature shall be binding upon the party providing such electronic signature as if it were the party’s original signature. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF FIRESTONE, COLORADO ________________________________ Don Conyac Jr, Mayor ATTEST: __________________________________ Miriam Granados Luna, CMC, Town Clerk APPROVED AS TO FORM: ___________________________________ Marshall Keith Martin, Town Attorney TIMOTHY HUBACH By: ________________________________ Docusign Envelope ID: B0453C33-73B6-8EF2-8244-2D14BC9117B6 EXHIBIT A Docusign Envelope ID: B0453C33-73B6-8EF2-8244-2D14BC9117B6