HomeMy WebLinkAbout 18-04 CVHC Amendment for Ext of ContractRESOLUTION N0.18-04
A RESOLUTION APPROVING A SECOND AMENDMENT TO THE FACILITY USE
LICENSE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CARBON
VALLEY HELP CENTER
WHEREAS, on September 12, 2012, the Town of Firestone ("Town") and the Carbon
Valley Help Center ("CVHC" or the "Center") entered into a Facility Use License Agreement
("Agreement") for the Center's use of the old Town Hall located at 150 Buchanan Avenue in
Firestone; and
WHEREAS, on October 8, 2014, the patties extended the Agreement for an additional three
years by the First Amendment to Facility Use License Agreement ("First Amendment' and
WHEREAS, there has been proposed a Second Amendment to Facility Use License
Agreement ("Second Amendment") to extend the term of the Agreement until August 8, 2018, and
further authorize the Town Manager to grant one, six-month extension; and
WHEREAS, the Board of Trustees has deterrnined that the proposed Second Amendment is
in the best interests of the Town and desires by this Resolution to approve said Second Amendment
and authorize its execution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The proposed Second Amendment to Facility Use License Agreement
("Second Amendment") between the Town of Firestone and Carbon Valley Help Center for use of
the old Town Hall at 150 Buchanan Avenue in Firestone is hereby approved in essentially the same
form as the copy of such Second Amendment accompanying this Resolution.
Section 2. The Mayor and Mayor Pro Tem, or either of them, is hereby authorized to
execute the Second Amendment, except that each is hereby further granted the author7ty to negotiate
and approve such revisions to said Second Amendment as are determined necessary or desirable for
the protection of the Town, so long as the essential terms and conditions of the Second Amendment
are not altered.
Section 3. The Mayor, Mayor Pro Tern, Town Manager and Town Staff are further
authorized to do all things necessary on behalf of the Town to perforrrr the obligations of the Town
under the Facility Use License Agreement, as amended, and to execute and deliver any and all
documents necessary to effect the provisions thereof, including without limitation that the Town
Manager is delegated the authority to grant or deny a request for extension under Section 2 of said
Facility Use License Agreement, as amended.
INTRODUCED, READ, and ADOPTED this 17th day of January, 2018.
Attest:
anarsdall, Town Clerk
TOWN OF FIRESTONE, COLORADO
t
®•.�. •-Fir, Mayor
SECOND AMENDMENT TO FACILITY USE LICENSE AGREEMENT
THIS SECOND AMENDMENT TO FACILITY USE LICENSE AGREEMENT
('Second Amendment" or "License") is made and entered into effective as of the 8th day of
October, 2017, by and between the Town of Firestone, Colorado, a municipal corporation (the
"Town"), and Carbon Valley Help USE LICENSE AGREEMENT by and bet
Center, a Colorado nonprofit corporation `ween the ), with
Town
reference to that certain FACILITY
and CVHC, dated September 12, 2012 ("Original Agreement").
RECITALS
WHEREAS, pursuant to the terms of the Original Agreement, the Town licensed
certain Town -owned property located at 150 Buchanan Avenue, Firestone, Colorado to CVHC
for operation of the Carbon Valley Help Center; and
WHEREAS, the initial term of the Original Agreement was one year with an option
authorizing the Town Manager to extend the tern of the Original Agreement for two additional
periods of not more than one year each; and
WHEREAS, the Town Manager extended the Original Agreement for two years; and
WHEREAS, the Original Agreement was amended by a First Amendment approved by
the Town on October 8, 2014, and pursuant to such First Amendment the term of the License
was extended to October 8, 2017; and
WHEREAS, the parties, by this Second Amendment, desire to extend the term of the
Original Agreement for an additional ten months and fat her authorize the Town Manager to
grant one extension of no longer than six months;
NOW, THEREFORE, the parties agree as follows:
Section 1. Section 2 of the Original Agreement, as previously amended by the First
Amendment, is hereby deleted and replaced in its entirety, to read as follows:
2. Duration. This License shall terminate on August 8, 2018, unless sooner
terminated by the Town and CVHC as provided herein. By wrng executed by the Town
Manager, the License herein granted may at the Town's discretion be extended for one additional
period of not more than six months, subject to earlier termination by the Town and CVHC as
provided herein.
Section 2. The Facility Use License Agreement, as amended by this Second
Amendment, is hereby ratified and confirmed and shall remain in full force and effect in
accordance with its terms. The parties agree this Second Amendment is effective as of October
ide for the Facility Use License Agreement to remain continuously in
8, 2017, so as to prov
effect.
WITNESS WHEREOF, the parties have execute ttenis Second Amendment to
IN
Use License Agreement effective as of the date first above wr
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ATTEST: �®°"• e
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Leah Vanarsdall, Town Clerk
Pro-tem
CARBON VALLEY HELP CENTER,
A Colorado nonprofit corporation
By:
Title:
ATTEST:
By:
Title:
Facility