Short Term Concession
Natural Resources
THIS SHORT-TERM CONCESSION APPLICATION AND LICENSE, dated
is between the Larimer County Department of Natural Resources, hereinafter designated the Licensor, and
, hereinafter designated the Licensee.  In consideration of the rents and covenants herein specified, it is hereby mutually agreed by the parties hereto as follows:
 
1. LICENSE AND DESCRIPTION OF SITE
Subject to the terms, conditions, and covenants hereinafter set forth, the Licensor does hereby grant unto the Licensee a short-term license for activities as described in the written proposal presented by the licensee, Exhibit A. The license is valid on the following described premises of the Larimer County Department of Natural Resources .
If additional or new services are desirable to the Licensee, such changes must be in the form of a letter of understanding, signed by both parties, or written license amendment.
Licensee agrees to perform and be obligated to provide all services, terms, conditions and activities as outlined in Exhibit A.  Failure to comply with the services, terms, conditions and activities as outlined shall be a material breach of this Licensee.
 
2. TERM OF LICENSE
This License shall begin on the date of execution and shall terminate on December 31, 2025, unless sooner terminated as hereinafter provided.
 
3. LICENSE FEE
Licensee shall pay Licensor a License Fee of Five Hundred Dollars ($500) by April 1, 2025 for sales up to $10,000 in gross revenues.
 
In addition, for Gross Revenues over $10,000, an additional 5% fee will be due, based only on the Gross Revenue on the amount $10,001 and above.
 
If applicable, the additional license fee for sales over $10,000 is due and payable by December 16, 2025, attention Larimer County Natural Resources-Accounts Receivable, 1800 S County Road 31, Loveland, CO 80537.
 
The License Fee is for Licensee operations related to areas managed by Larimer County Department of Natural Resources.  A full accounting of those revenues must be provided to Larimer County Department of Natural Resources by December 16, 2025.Larimer County may request, and Licensee must produce, any documents that relate to the services provided under this License.  This may include but are not limited to any documents that demonstrate and support the reported revenue and expenses.
 
4. LAWS AND REGULATIONS
The Licensee will obey all applicable laws, rules, and regulations promulgated by the Licensor, the State of Colorado, or any agency or subdivision thereof or by the United States or any agency thereof.  The Licensor shall have full right and power to enforce all laws, rules, and regulations of the state and county, and for any other lawful purpose.  Licensee agrees to become thoroughly acquainted with the various current State and Federal Wildlife laws and County Park regulations and to cooperate fully with State and Federal Wildlife and County Park law enforcement officers in the performance of their duties.  A conviction of the Licensee for a State or Federal criminal charge or a violation of a wildlife law or County Park regulation shall be deemed a material breach of this license.  A conviction of any agent or employee for a State or Federal criminal charge or a violation of a wildlife law or County Park regulation, while operating for the Licensee’s benefit, shall be deemed a material breach of this license.
 
The Licensee shall be responsible for hiring the necessary employees to conduct the concession operations and the Licensee shall comply with the requirements of all federal, local and state laws and regulations now in force or which may hereafter be promulgated relating to minimum wage, hours of work, social security, unemployment insurance, and workers compensation.
 
Failure of the Licensee, any Licensee employee or any Licensee agent to comply with Federal, State, or local laws, including but not limited to park regulations or traffic laws and regulations, is grounds for Larimer County to terminate this License.
 
The Licensee will not post, distribute, or display or allow to be posted, distributed, or displayed private notices or commercial advertisements on United States Government property or County property, except such as the Licensor may deem necessary for the convenience and guidance of the public using the park area for recreation purposes.
 
5. LIABILITY INSURANCE
The Licensee shall satisfy the Larimer County insurance requirements as set forth in Exhibit B.  Licensee is required to provide proof of insurance upon request, and to the satisfaction of, Larimer County.  In the event the Licensee does not provide proof of insurance within thirty (30) days, the Licensor may immediately suspend or terminate this license.
 
Licensee will carry current evidence of liability insurance while doing business on County properties.
 
6. HOURS OF BUSINESS/CHARGES FOR SERVICES.
The Licensee agrees to keep its facilities open and to provide the services intended during reasonable hours for a business of this nature.  Hours of business for all days shall be outlined in Exhibit A.  The Licensee further agrees to maintain prices for the various services rendered for the goods supplied at a reasonable rate and in line with other businesses in the same general business area furnishing similar services and goods.  Charges for all goods and services shall be annually submitted to Licensor in writing and approved by the Licensor, and the Licensor will be promptly notified in writing of any proposed substantial increase in charges of such goods and services.
 
7. MISCELLANEOUS CONDITIONS
In the use of the premises covered by this License, the Licensee shall faithfully observe the following conditions:
 
(a)  The Licensee shall not do or omit to do or knowingly suffer or permit to be done by agents anything by which act or omission any persons may be endangered or injured by use of the above-referenced  area.  For short-term concessions on Horsetooth Reservoir, Carter Lake, Flatiron Reservoir, or Pinewood Reservoir, the Licensee shall fully defend, indemnify, and hold harmless the United States, the Northern Colorado Water Conservancy District, and the Licensor and Licensor’s officers and employees from any claim, demand, action, or demand on account of any personal injury or property damage by reason of anything done or knowingly suffered or omitted to be done by the Licensee in its exercise of the privileges granted by this License.  For short-term concessions on all other Larimer County Department of Natural Resources areas, the Licensee shall fully defend, indemnify, and hold harmless the Licensor and Licensor’s officers and employees from any claim, demand, action, or demand on account of any personal injury or property damage by reason of anything done or knowingly suffered or omitted to be done by the Licensee in its exercise of the privileges granted by this License. Nothing in this License shall be construed or interpreted as authorizing the Licensee, its agents or employees, to act as agent or representative for or on behalf of the United States, the State of Colorado, or the Licensor, or to incur any obligation of any kind on behalf of the United States, the State of Colorado, or of the Licensor.
 
(b)  The Licensee agrees to abide by the provisions of Equal Opportunity laws per Exhibit “C” incorporated herein by this reference.
 
(c)  The Licensee agrees to abide by the provisions of the Compliance With Civil Rights Act of 1964 per Exhibit “D” incorporated herein by this reference.
 
(d)  The Licensee warrants that no person or selling agency has been employed or retained to solicit or secure this License upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the Licensee for the purpose of securing business.  For breach or violation of this warranty, the Licensor shall have the right to terminate this License without liability.

(e)  The failure of the Licensor to insist in any instance on strict performance of any provision or condition of this License or to exercise any right herein shall not have the effect of, or be construed as, a waiver of such condition or right in any other instance.

(f)  All persons entering a Larimer County park area will be required to purchase a Larimer County park permit.Persons entering the park area, who are only using the Licensee services, will also be required to purchase a Larimer County park permit.

(g)  The Licensee shall be responsible for any damages to park property or facilities that occur as a result of the Licensee’s activities during the term of this License.

(h)  Concessionaire must accommodate an annual inspection of facilities and business operations to a representative from the Licensor

(i)  Concessionaire will carry their 2025 Short Term Concessions License Certificate in their vehicle when conducting business. Rangers may randomly request to view it.
 
8. RELEASE
For short-term concessions on Horsetooth Reservoir, Carter Lake, Flatiron Reservoir, or Pinewood Reservoir, the Licensee, by execution of this License, hereby releases and forever discharges the United States, the Northern Colorado Water Conservancy District, and the Licensor and Licensor’s officers and employees of and from any and all actions, causes of actions, claims, demands, or damages for or by reason of any damage, loss, or injury caused by or resulting from the existence, operation, or maintenance of the Larimer County park area. 
 
For short-term concessions on all other Larimer County Department of Natural Resources areas, the Licensee, by execution of this License, hereby releases and forever discharges the Licensor and Licensor’s officers and employees of and from any and all actions, causes of actions, claims, demands, or damages for or by reason of any damage, loss, or injury caused by or resulting from the existence, operation, or maintenance of the Larimer County park area.
 
9. EXCEPTIONS AND RESERVATIONS
This License is granted subject to the following:
 
(a)  Any prior rights which have been attached before the date of this license.
 
(b)  The right of officers, agents, employees, and permittees of the United States and the Licensor at all times and places to have full ingress for passage over and egress from all lands covered by the License for the purpose of carrying on operations of the United States and the Licensor. 
 
(c)  The rights of the Bureau of Reclamation for park areas owned by them, after written notice, to make such use of the lands covered by this License as may be required by the Bureau.  Such action may reduce the size of the area covered by this License and may affect the facilities and operations of the Licensee.  Every effort will be made to not disrupt the operations of the Licensee.  Any necessary adjustments will be negotiated with the Licensee.  The exercise of this right by the Bureau of Reclamation shall not modify the term or License Fee provisions of this License.
 
(d)  In the event of war or a national emergency, the United States and/or the Licensor may be required to exclude the Licensee and the public from the above-described premises. In this event, the Licensee will not be liable for any Licensing Fee pro rata for the time he and the public are so excluded.  The Licensor will not be liable to the Licensee for any damages because of such exclusion or because of any restriction in the use of said premises required by the Federal, State or Local Government or any agency thereof due to war or national emergency.
 
(e)  Horsetooth Reservoir, Carter Lake, Flatiron Reservoir, and Pinewood Lake are a part of the Colorado-Big Thompson Project and are operated primarily for the purpose of irrigation.  The fulfillment of this purpose may require that the level of the reservoirs be fluctuated to meet use demand, and the United States reserves the right to vary the water level to the extent deemed necessary or desirable for the purpose of Project operations; and if, in such operations, it becomes necessary for the United States to remove or damage any of the property of the Licensee located on the premises, it may do so and the United States, the State of Colorado, and the Licensor shall not be liable therefor.
 
(f)  The right of the United States, its agents, leases, or permittees to remove from the lands covered by the License any and all material necessary for the construction and operation and maintenance of Project facilities at Horsetooth Reservoir, Carter Lake, Flatiron Reservoir, or Pinewood Reservoir, or for other purposes.  There is also reserved to the United States, its agents, leasees or permittees the right to prospect and carry on development for oil, gas, or other minerals on said lands under the Act of February 25, 1920 (41 Stat. 437), and acts amendatory thereof or supplementary thereto and the Act of August 7, 1947 (61 Stat. 913).
 
(g)  The Licensee shall have no right, privilege, or interest in and to the lands covered by this License other than the use of the premises as provided by the written proposal from the Licensee and for all purposes necessary or incidental thereto.
 
10.  TRANSFER OF LICENSE
Neither this License nor any interest herein may be transferred by the Licensee.  Sale of Licensee’s business to another party must be pre-approved by the Licensor.
 
11.  TERMINATION OF LICENSE
This License shall terminate and all rights of the Licensee hereunder shall cease, and the Licensee shall quietly and peaceably deliver to the Licensor possession of the premises in like condition as when taken, reasonable wear and damage by the elements excepted; and in the event of breach hereof by the Licensee, Licensor may, in addition to all other available remedies, recover all expenses, costs and attorney fees Licensor incurs by reason of such breach:
 
(a)   At the expiration of the term as provided in Section 2.
 
(b)  If the Licensee shall default in the performance or observance of any of the terms, covenants, and stipulations hereof or of the regulations now or hereafter in force, then the Licensor may terminate and cancel this License.  Whenever, in the sole determination and discretion of the Licensor, the Licensee fails to comply with the terms of this License, and Licensee has received written notice thereof from the Licensor, Licensee will correct said non-compliance as provided in said notice within 30 days.  In the event Licensee shall fail to do so, the Licensor may make such arrangements as it deems desirable and necessary to correct the non-compliance, or at its option, may terminate this License, whereupon the amount paid hereunder to the Licensor shall be forfeited to the Licensor.  In the event of breach hereof by the Licensee, Licensor may, in addition to all other available remedies, recover all expenses, costs and attorney fees Licensor incurs by reason of said breach.
 
(c)  If it shall be determined by the United States that the land covered by the License or any portion thereof is needed for Project purposes on Horsetooth Reservoir, Carter Lake, Flatiron Reservoir, or Pinewood Reservoir, or for any other purpose, this License may be terminated by the Licensor upon 90 days’ written notice to the Licensee.  Licensee shall in that event pay fair License Fees pro rata to the date of termination.
 
(d)  Licensor may terminate this License upon 30 days’ written notice in the event funds adequate to meet Licensor's obligations hereunder are not budgeted and appropriated.  Licensee shall in that event pay fair License Fees pro rata to the date of termination.
 
(e)  Licensee holds no right of first refusal at the expiration of the current term.  Licensor may deny to renew or to re-enter into a License with Licensee for any reason.  If there are more than one short term concessionaire requests for a similar service, the License may be available for bid on an open and competitive basis.
 
 
12.  OFFICIALS NOT TO BENEFIT
No member or delegate to Congress, Resident Commissioner, or Officer, Agent, or Employee of the Department of the Interior or Larimer County, shall be admitted to any share or part of this license or to any benefit that may arise herefrom, but this restriction shall not be construed to extend this license if made with a company or corporation for its general benefit.
 
13.  NO ORAL ALTERATIONS
This instrument contains the entire agreement and all representations of the parties hereto, and no modifications or additions made prior or subsequent to the date of this License shall be valid and binding on the Licensor unless made in writing and signed by an officer thereof duly authorized.
 
14.  SUCCESSORS IN INTEREST OBLIGATED AND BENEFITED.
The provisions of this license shall apply to the successors and assigns of the Licensor and to the heirs, executors, administrators, successors and assigns of the Licensee.
 
15.  LICENSE EXHIBITS
         EXHIBIT A   Written proposal by Licensee
         EXHIBIT B   Insurance Requirements
         EXHIBIT C   Equal Opportunity
         EXHIBIT D   Civil Rights
        
 
IN WITNESS WHEREOF, the parties have hereunto subscribed their names as of the date first above written.
LICENSOR:        
LARIMER COUNTY DEPARTMENT
OF NATURAL RESOURCES
Daylan Figgs, Director
LICENSEE:

 
Owner
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