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Home My WebLink About20130219.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 34 AND 93 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - VIAERO WIRELESS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Nonexclusive License Agreement for the Upgrade and Maintenance of Right -of -Way to utilize County Roads 34 and 93 section line access to the telecommunication facility (tower site) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and NE Colorado Cellular, Inc., dba Viaero Wireless, 1224 W. Platte Avenue, Fort Morgan, Colorado, 80701, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Nonexclusive License Agreement for the Upgrade and Maintenance of Right -of -Way to utilize County Roads 34 and 93 section line access to the telecommunication facility (tower site) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and NE Colorado Cellular, Inc., dba Viaero Wireless, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2013-0219 (&t, V(etrri 4 -(3 EG0068 NONEXCLUSIVE LICENSE AGREEMENT - VIAERO WIRELESS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD C UNTY ORADO ATTEST: Weld County Clerk to the Board C BY: Deputy Clerk APP ounty Attorney Date of signature!AN 3 0 2013 Garcia, Chair cT arbara Kirkmeye 2013-0219 EG0068 MEMORANDUM TO: Clerk to the Board DATE: January 16, 2013 FROM: Donald Carroll, Engineering Administrator Public Works Department SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right -of -Way with Viaero Wireless to utilize Weld County Roads 34 and 93 section line access to their Telecommunication Facility (Tower Site). Enclosures pc: Planning staff M VDonAAgendaNanExclusiveLlcAgree-docx RECEIVED WELD COUNTY COMMISSIONERS 2013-0219 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of of'P, ,,,,,,n e , 2012, by and between WELD COUNTY, COLORADO, by and through the Board County Commissioners of Weld County, Colorado, whose address is 150 O Street, Greeley, Colorado 80631, as First Party, and -i/L' /cJo(r//u//vr f'„c. A/4 l/','.F'•cw'P�PSS as Second Party whose address is i t 2 N td -1 /0/u a. G. ) / Ye --)0 I WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the 2 - ,i/# . of Section/ S , Township 3 North, Range 6 / West of the 61h P.M. in/Weld County, Colorado, and 1 23 WHEREAS, First Party is the owner of the right-of-way known as WC„7 for distance of /m. /F• v.? c{ ' {3`/ -1-2 ,n A0 nCRY3 and located as follows: .5" p„7 if X h. d r f 4 between Sections/°/S li" /%l/ and _, Township' North, Range L / West, in Weld County, Colorado, which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: I 3908201 Pages: 1 of 4 02/06/2013 10:00 10:00 AMR Recorder,Feee:0.00d County CO 1111 �14thl�fand ,�lr�1h'lt�.I�'�Nrtil NeGI4r? 1111 _73a.?/2 a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. Dust control may be required. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1 above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent shall be required. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 3908201 Pages: 2 of 4 02/06/2013 10:00 nM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County., CO III! rim 141 ilidNdGllhlChh4LliN l' L "Ill 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non -maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. 12. There shall be a $100.00 fee for the Nonexclusive License Agreement. 13. A proposed use Access Permit Application form will be required. There may be a fee of $75.00 - $150.00. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 3908201 Pages: 3 of 4 02/06/2013 10:00 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder Weld County, CO VIII nI'N+I'1Alli5:166', 11 IiiiN1141,IA''; liih'l 1I III EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: SECOND PARTY: By: NAME B� By: C William F. Garcia NAME , Chair JAN 2 12013 By: SUBSCRIBED AND SWORN to before me this Vi day of By g. 0 b ri% D. ♦1 i r5 4 orrx WITNESS my hand and official seal Notary Public My commission expires: My Commission Expires 08/25/2013 M:\AGREEMENTS\Non-exclusive\AGREEMENr FORM.doc 3908201 Pages: 4 of 4 02/06/2013 10:00 All R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County CO FiPYh;1IAI1IP,1 L!I ! 11111 Pece.mk e r - 2012, ]/3 -D02/9. Lost Creek Land & Cattle Co. PO Box 85 Roggen, CO 80652 To whom it may concern, This letter is to notify all property owners using the County section line access that we are requesting an access for proposed access to an existing parcel that we are purchasing to operate a telecommunication facility located in the SE '44 of the NE 1/4, Section 15, T3N, R61W Weld County Colorado by using WCR 34 east of CR91 and then utilizing WCR 93 southerly to the existing lot. The reason for this notification is that it will add maintenance traffic sharing the current section line access road, and the Weld County Public Works Department requires that adjacent Landowners be notified. Please acknowledge that you have been notified of the telecommunication operation by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Rick Bailey Viaero Wireless 1224 W. Platte Ave Fort Morgan, CO 80701 Phone 970-768-6464 ACKNOWLEDGEMENT: L / Q Lec/" .(-4, / Zan 61OO / (4 "WI Cnirb I'LL" L £ c 4y Print Name date Pint Name date /2 — 2C/a Signature Signature 0> '1-i T- i O NZ 0> ar Fa lm ;C) nN i N m M x 44:+4 R61W 10! , 11 1 CR34 1 i14 Access : 15 T3N Yocam Family Partnership LLC 43781 WCR 42.5 Orchard, CO 80649 Dear Mr. Yocam, This letter is to notify all property owners using the County section line access that we are requesting an access for proposed access to an existing parcel that we are purchasing to operate a telecommunication facility located in the SE 1/4 of the NE 1/4, Section 15, T3N, R61W Weld County Colorado by using WCR 34 east of CR91 and then utilizing WCR 93 southerly to the existing lot. The reason for this notification is that it will add maintenance traffic sharing the current section line access road, and the Weld County Public Works Department requires that adjacent Landowners be notified. Please acknowledge that you have been notified of the telecommunication operation by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Rick Bailey Viaero Wireless 1224 W. Platte Ave Fort Morgan, CO 80701 Phone 970-768-6464 ACKNOWLEDGEMENT: Print Name 4002 tiewged ' I. L8£ W1od Sd date Pint Name Signature Signature yd!eoed wnyed epsewo 0 N N i. ii e o su ru rt ru N E-. 0 eJ 0 0 A (J 0 D Q -D ru 2 c 2 g y ma -. W m n < I y R K"2 mix :0y pessa'PPV el°PN ' L • . . g D o T8' �• 0 —. = sp .< A t O y m J F C m a d CD iD "2: CD a�c�a- 53a�J ro m0 aVN m CCr y a r 3 • a x m • NON o a <5.• 3om-'o cp re( CD mCD Lost Creek Land & Cattle Co. PO Box 85 Roggen, CO 80652 To whom it may concern, This letter is to notify all property owners using the County section line access that we are requesting an access for proposed access to an existing parcel that we are purchasing to operate a telecommunication facility located in the SE 1/4 of the NE 1/4, Section 15, T3N, R61W Weld County Colorado by using WCR 34 east of CR91 and then utilizing WCR 93 southerly to the existing lot. The reason for this notification is that it will add maintenance traffic sharing the current section line access road, and the Weld County Public Works Department requires that adjacent Landowners be notified. Please acknowledge that you have been notified of the telecommunication operation by signing and returning this letter. I have included a self-addressed, stamped enve ope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Rick Bailey Viaero Wireless 1224 W. Platte Ave Fort Morgan, CO 80701 Phone 970-768-6464 ACKNOWLEDGEMENT: Print Name date Pint Name 0 ru 3dieaeu wnyey opsawoa Signature Signature 2 n I to 0 0 1 N I Er In I � ori LA) N Ct stN O Dt» 0 =.3 3 0 e 0 0 0 0 1a•32),S)33.3 o O N 0 p -="a@:an 0 -+ t 3 .S a- aCIN O O'Rom o moVma 3 xy 5,2w yoa,o 2r014, m ai co 0 m m m 2 ❑0❑ P 5 b v o B 0 eiPPHepiw 'L O 0 N m <0. 5 D a w m Z w m 2 y u3 F 3 ❑ ❑ o m State of Colorado 660 Grant Street Suit 640 Denver, CO 80203 To whom it may concern, This letter is to notify all property owners using the County section line access that we are requesting an access for proposed access to an existing parcel that we are purchasing to operate a telecommunication facility located in the SE 1/4 of the NE 1/4, Section 15, T3N, R61W Weld County Colorado by using WCR 34 east of CR91 and then utilizing WCR 93 southerly to the existing lot. The reason for this notification is that it will add maintenance traffic sharing the current section line access road, and the Weld County Public Works Department requires that adjacent Landowners be notified. Please acknowledge that you have been notified of the telecommunication operation by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Rick Bailey Viaero Wireless 1224 W. Platte Ave fort Morgan, CO 80701 Phone 970-768-6464 ACKNOWLEDGEMENT: Print Name date Pint Name Signature Signature PS Form 3811, February 2004 ldieoaa ulniad ousawoa OTOT 2TDL 0 a O ru w m Ln r 0 w ti m N N a Q q o • rt o 2 N o,, o via m 0 • r- 3 3 =mom aD m AFC m m g▪ Now vii N O E. op m -,a2.iv Mew °* g al a g x o H w w ° a o 5. so o. v2 0 32° F3a3 f N N a m John Painter PO Box 61 Tres Piedras, NM 87577 Dear Mr. Painter, This letter is to notify all property owners using the County section line access that we are requesting an access for proposed access to an existing parcel that we are purchasing to operate a telecommunication facility located in the SE 1/4 of the NE 1/4, Section 15, T3N, R61W Weld County Colorado by using WCR 34 east of CR91 and then utilizing WCR 93 southerly to the existing lot. The reason for this notification is that it will add maintenance traffic sharing the current section line access road, and the Weld County Public Works Department requires that adjacent Landowners be notified. Please acknowledge that you have been notified of the telecommunication operation by signing and returning this letter. I have included a self-addressed, stamped enyelope for your convenience. Your signature on the certified mail receipt will also acknowledge noti cl N n m Sincerely, I k z s_ m C° 3 g �S I �8 2 al o Cill Rick Bailey Viaero Wireless 1224 W. Platte Ave Fort Morgan, CO 80701 Phone 970-768-6464 ACKNOWLEDGEMENT: Print Name date Pint Name Signature Signature ydiaaay wnyad ogsewop oeso-w-zo-ssszoy 2000 OTOT 2T0L w Ln 0 w a a O 3 m m 0 I ••N o > T m on =o sta 33 oo GAV J CD .aEl =fy o-Q.m g a<'a a F (' �, P 4 o a y 5-5.= a O o.<ga. 0020 w F .5. 8 o R gr, WELD COUNTY PUBLIC WORKS 1111 H Street P.O. Box 758 Greeley, CO 80632 Permit #: Permit Type: Applicant: PAYMENT RECEIPT N P 13-00010 Miscellaneous Rick Bailey Viaero Wireless 1224 W Platte Ave Fort Morgan, CO 80701 Phone: (970) 304-6496 Fax: (970) 304-6497 Date Amount Paid Pmt Method Reference # Cashier 01/15/2013 $250.00 Credit Card XXXXXXXXXXXX02 MCAUDILL Comments: NLA & mfg blue & white signs Total Payments: $250.00 Balance Due: $ 0.00 L CD C 0 Thank You! 0 0 CCP Report ID: WC00001v002 Page 1 of 1 Print Date -Time: 1/15/2013 8:57:36AM Applicant Name Company!if ( /o- cw Kr, /./. //o�A•L /'./G ti 4r Le).eAddress h C- L.SvX Address /.2 Gl> P.4 tie A-- E? City l✓: {' /t'� State <� Zip `3�, 3z Cityf�'� t f))O....;;, State(c' Zip u' f Phone /t/i4 Business Phone 9 70 7(c•5) Fax Fax E-mail E-mail /`r c -k . CI r . �r�, �`�rJ .G teiC. z O ru Parcel Location & Sketch The access is on WCR 3Y Y 3 Nearest intersection: WCR 3 di & WCR y 3 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone. (970)304-6496 Fax: (970)304-6497 13--ac)0 ✓ ACCESS PERMIT APPLICATION FORM Distance from Intersection k1 Property Owner (If different than Applicant) Name of A = Existing Access Parcel Number /.2 2 iicO:). D:✓CCU cj_ Section/Township/Range /4-4.�Wilk)/ %3 e T Is there an existing access to the property? (9 NO Number of Existing Accesses l Road Surface Type & Construction Information Asphalt Gravel X Treated Other Culvert Size & Type AI� Materials used to construct Accesshk-.. ,_ ce. - Construction Start Date/, --/--).c:/_3. Finish Date Proposed Use u Temporary (Tracking Pad Required)/ $75 it Smail Commercial or Oil & Gas/S75 , Field (Agriculture Only)/Exempt N 1 3 A= Proposed Access 54c1 c. WCR u Single Residential/$75 Large Commercial/S150 Is this access associated with a Planning Process? o No Required Attached Documents - Traffic Control Plan -Certificate of Insurance o USR ri RE Sec. t1 Sec r`{ x.5I-117 Industrial/$150 7.2 Suhdivisiun/$150 r? PUD n Other - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application: they have read and understand all of the permit requirements and provisions set forth on all pages: that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities Construction. _ Signature ' C Printed Name < < /JF. • kV Date /,Z 2 -- Approval or Denial iwtt be issued in m of 5 days. Approved by PP Nepal Date 6!2911 Hello