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Home My WebLink About20131404.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT CONCERNING SURFACE USE FOR PIPELINE ACCESS AND AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY (USA) PIPELINE COMPANY 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 Revocable License Agreement Concerning Surface Use for Pipeline Access 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 Suncor Energy (USA) Pipeline Company, 717 Seventeenth Street, 29th Floor, Denver, Colorado 80202, 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 Revocable License Agreement Concerning Surface Use for Pipeline Access 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 Suncor Energy (USA) Pipeline Company, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY; OLORADO ATTEST:„9�'�.}(, Weld County Clerk to the Bo ounty Attorney Date of signature: JUN 18 2013 Sean P. Conway Mike Freema Barbara Kirkmeyer 2013-1404 EG0068 MEMORANDUM DATE: June 10, 2013 TO: Board of County Commissioners FR: Stephanie Arries, Assistant Weld County Attorney RE: Purchase of Access Easement from Weld County This matter was considered by the Board on March 13, 2013. At that time the Board approved an Agreement with Suncor Energy (U.S.A.) Pipeline Company, granting the Company a license to cross parcel of land owned by Weld County. It was determined by the Board that Suncor's use of this property to access its pipeline was not inconsistent with Weld County's expected use. The Agreement has been executed by Suncor, and is presented to the Board for its approval. 2013-1404 HOLLAND&HART 15 ! H E LAW OUT WEST VIA UPS OVERNIGHT Stephanie L. Arries Assistant County Attorney Weld County Attorney's Office 1150 O Street Greeley, CO 80632 Re: Suncor Access License Dear Stephanie: June 4, 2013 James B. Borgel Phone (303) 295-8245 Fax (303) 295-8261 13Borgel@hollandhart.com Enclosed are two fully -executed originals of the referenced License Agreement. Please have both originals signed by an appropriate representative of the County, and return one fully - executed original to me for my file. Please let me know if you have any questions. Sincerely, Jdrrles B. Borgel of Holland & Hart LLP JBB/kk 6238538_1 DOCX Holland & Hart LLP Phone 13031295-8000 Fax [3031295-8261 www.hollandhart.com 555 17th Street Suite 3200 Denver, CO 80202 Mailing Address P.O. Box 8749 Denver, Co 80201-8749 Aspen Boulder Carson City Colorado Springs Denver Denver Tech Center Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington. D.C. NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT CONCERNING SURFACE USE FOR PIPELINE ACCESS THIS NO/EXCLUSIVE REVOCABLE LICENSE AGREEMENT, made and entered into this /t day of iL.7G, , 2013, by and between the Board of County Commissioners of Weld County, Colorado, (hereinafter "Licensor"), whose address is 1150 O Street, Greeley, Colorado 80631, and Suncor Energy (U.S.A.) Pipeline Company, a Colorado Corporation, 717 Seventeenth Street, 29th Floor, Denver, Colorado 80202, Attn: Legal Department, ("Licensee"). WITNESSETH: WHEREAS, Licensor is the owner of a parcel of land located in Weld County, more particularly described on Exhibit A and depicted on Exhibit B, both of which are attached to this Nonexclusive License Agreement and incorporated herein by reference, (hereinafter referred to as the "Property"), and WHEREAS, pursuant to Colorado Revised Statutes, (hereinafter referred to as "C.R.S."), § 30-11-101, Licensor has the authority to own real property and to enter into contracts for the conveyance of its interests, and WHEREAS, Licensee desires to utilize a portion of the surface area of the Property to access its pipeline facilities, hereinafter referred to as the "Access" which are located adjacent to the Property, as more particularly described in Exhibit C, and WHEREAS, Licensor desires to grant Licensee a Nonexclusive License (hereinafter referred to as "License"), to allow Licensee to utilize the Access on a portion of the Property. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of the Licensee to be performed hereunder, and upon the conditions herein stated, Licensor does grant to Licensee a Nonexclusive License to construct, operate maintain, and repair an Access on the described portion of the Property, subject to the following terms and conditions: 1. Licensor's Limited Interest in Property. Licensor's interest in the Property upon which the Access is located is limited to a public property interest and Licensor does not warrant title to the Property by the issuance of this License. Licensee is responsible for the determination of the ownership of the Property it desires to use as an Access, the location of all property boundary lines, and the ownership of all rights -of -way. Therefore, Licensee shall obtain from others who may have proprietary interests in the Property such authority or rights as Licensee may need, (in addition to this License), for Licensee's use of the Property. Licensee acknowledges and agrees that the authorization granted herein by Licensor is subject to Licensee's securing such authority or rights. 1 3943360 Pages: 1 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII!!!�1C�Irt+�ll�h't�V�'I 9lig!l'A Mi4'�YU, II III r2©a3 -isof 2. Licensor's Rights. The parties to the License acknowledge and agree that the Property exists as public property for the primary benefit of the public, and that the rights granted herein to Licensee are subject to the Licensor's rights and obligations to preserve and maintain the Property as such. A. At the time of the granting of this License, Licensor has initiated the conversion of the surface area of the Property to a dust suppression facility. Therefore, a water well will be installed on the Property and the Property will be visited several times each day by County vehicles to be filled up with the well water. Licensor may also store gravel and road maintenance, repair and replacement equipment on its property. Licensee acknowledges such uses and agrees that Licensor's uses shall continue unabated both on and off of the Access. B. Subject to the rights granted herein to Licensee, Licensor reserves the remaining use of the Property for existing and future construction, operation, maintenance, repair, and replacement of its own use and facilities. C. Licensor reserves the right to revoke this License at any time. D. Licensor will be responsible for weed control, mowing and dust control on that part of the Access Easement it shares with Licensee. 3. Licensee's Responsibilities. The grant of this License herein is conditioned upon Licensee's compliance with the following requirements: A. Licensee shall be responsible for obtaining all other State, Federal, or Local permits which may be necessary for any work to be performed on the Property. B. Licensee may make no changes to the surface or subsurface area of the Access without the express written consent of the Licensor. If permitted, any such changes must be inspected by Licensor's Department of Public Works. Licensor's Department of Public Works must be notified 24 hours prior to commencing any work. C. Licensee shall not construct or place any permanent structure, building, street light, yard light, mail box or sign, shrub, tree, woody plant or nursery stock of any kind on any part of the Access without the express written approval of Licensor. D. Licensee may not remove any permanent structure, building, well, street light, yard light, or sign, shrub, tree, woody plant or nursery stock placed by Licensor within the Access without Licensor's written approval. E. Licensee shall remove all dangerous, toxic and/or hazardous materials from the area comprising the Access and all surrounding area owned by Licensor which may become contaminated by Licensee's activities on the Access. 2 3943360 Pages: 2 of 11 Steve 6 Morrepno,0Cle Clerk :30 Andy Recorder,M 0 Weld County, CO W � mIII Ii�Pil YTi�le�ll,iY�I�r��i�I��ih ili� ��i7 i7fi,I III F. Licensee shall have no right to fence the Access area or to erect any gates or other barriers, of any kind which would restrict Licensor's access to the Access area. G. Licensee shall abide by all applicable Weld County, State of Colorado and Federal laws and regulations. H. Licensee shall take no action which would in any way modify the surface area of the Access without the specific written consent of Licensor. I. Licensor reserves the right to make or to require Licensee to make changes, additions, or repairs, or to remove and/or relocate the access at any time. Licensor further reserves the right to reconstruct, widen and/or maintain the Property affected by this License, without compensating Licensee. Therefore, whenever Licensor, or any governmental entity to which the Property may be transferred, makes any changes to the Property or its appurtenances within the Property which would necessitate termination, removal or relocation of the Access, Licensee shall, upon the request of the Licensor, promptly cease its use of and remove or relocate the Access at its own expense. J. Licensee, or its contractor, shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its subcontractors, and Licensor from claims for bodily injury, death, or property damage, which may arise from the use of the Access as contemplated herein. Weld County, Colorado, the Board of County Commissioners of the County of Weld, its officers and employees, must be named as an "Additional Named Insured" in all liability insurance policies. The following insurance policies and/or proof of self insured amounts shall be delivered to the Weld County Public Works Department: (i) Statutory Worker's Compensation. Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 K. If permitted by Licensor, Licensee may grade the Access area in order to enable its personnel or that of a subcontractor to utilize the Access to reach its pipeline facility. In so doing, Licensee shall be responsible for locating all existing utilities. Licensee shall contact the Utility Notification Center of Colorado (UNCC) at 811 or 1- 800-922-1987 at least two days in advance of digging. Licensee must remove all utility 3 3943360 Pages: 3 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO iiPAM WhIN i+:144411h,f$llr' fid:Mtill locates such as flags and marker pins from the Property once the construction is complete. L. No facilities located within the Property are to be cut or damaged. In the event Licensee damages any existing facility, Licensee shall immediately notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. M. Licensee shall preserve or replace all survey monuments or benchmarks at each work site Licensee shall hire a Registered Land Surveyor to replace destroyed monuments or bench marks, as well as to preserve such monuments or benchmarks. N. The construction, operation, maintenance and repair of the Access installed by Licensee, and all other improvements described in this License, shall be at its own expense and without the aid or use of Licensor's funds. O. Following Licensor's approval of this License, with the Licensor's written approval, Licensee may assign one or more of the responsibilities enumerated above to a contractor retained to perform some or all of the construction required to install Licensee's facilities. However, if Licensee retains such a contractor, Licensee shall remain responsible for said contractor's compliance with the terms of this License. 4. Miscellaneous. A. Licensor and Licensee agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than what has been expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party or its agents or employees. B. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. C. No term or condition of this grant and Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. D. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. 4 3943360 Pages: 4 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO III E. It is expressly understood and agreed that the enforcement of the terms and conditions of this grant and Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this grant and Agreement shall give or allow any claim or right of action whatsoever by any other person not a party hereto. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this grant and Agreement shall be an incidental beneficiary only. F. In the event of a dispute between Licensor and Licensee concerning this grant and Agreement, the parties agree that each shall be responsible for the payment of its own attorney fees and/or legal costs. G. Except when caused by the negligence of Licensor, Licensee shall indemnify and save harmless Licensor, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them arising by reason of Licensee's negligence with respect to the upgrade and maintenance of the Property. Licensee further agrees to protect Licensor and save and hold it harmless from any and all third party claims and damages that the installation and/or maintenance of Licensee's facilities may directly or indirectly cause. Additionally, Licensee releases Licensor, its successors, assigns, employees, and agents from any and all claims and damages to property owned by Licensee on the property resulting from any act, either on the part of the Licensor or on the part of any third party. H. Licensee is prohibited from assigning any or all of its rights under this License without first obtaining written consent to such assignment from Licensor, which consent shall not be unreasonably withheld. I. 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 License 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. J. If any term or provision of this License, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this License, 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 License shall be deemed valid and enforceable to the extent permitted by law. It is mutually understood and agreed that this License and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 5 3943360 Pages: 5 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■�� mr itummrtho 9 fnakah'yIi 11111 LICENSEE: Suncor Energy ( :,".) P� • eline Company SUBSCRIBED AND SWORN to before me this .3 day of J £t.h-, , 2013 WITNESS my hand and official seal My commission expires: LICENSOR: 2-5-iq- ATTEST: %-1 \twaLiaLssrxi-x,_ Weld County Clerk to the B BY: App Wele ounty Attorney BOARD O COUNTY COMMISSIONERS WELD COUNTY, COLORADO 6 3943360 Pages: 6 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld Count Y, CO SIII M��.�CY�dw 1G h� J:14�5 Ri4�� '�! k i'iu , $1111 F. Garcia, Chair JUN 1 0 2013 O7O73 —/3/421 EXHIBIT A Legal Description Weld County Government Parcel No. 1311-13-0-00-006 Legal: A strip of land 56 feet wide, being 50 feet on the west side of the center line of The Denver, Laramie and Northwestern Railway Company, and 6 feet east of the center line of said The Denver, Laramie and Northwestern Railway Company (formerly a Wyoming corporation) as originally located, over, across and through the SW1/4 of the SE1/4 of Section 13, Township 2 North, Range 67 West of the 6th P.M., said center line being more fully described as follows: Beginning at a point on the south line of said SW1/4 of the SE1/4 of Section 13, 660 feet, more or less, east of the southwest corner of said SW 1/4 of the SE1/4 of Section 13; thence 7°58' West to a point on the north line of said SW 1/4 of the SE1/4 of Section 13, 465 feet, more or less, east of the northwest corner of said SW 1/4 of the SE1/4 of said Section 13. (Being a portion of the strip of land described in that certain deed recorded in Book 314, at page 440, of the records in the office of the Clerk and Recorder of Weld County, Colorado.) 3943360 Pages: 7 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■��1MRENUM/Ai:WONIIIMAt1r1 SRJ Ill DI EXHIBIT B Property Depiction VOLLMAR 2NL FO RESOE LOTI ELK VOLLM ' 2N BS2-3,18 VOLLMAR 2ND FG RESUB LOT1 SFOVOL f'C'LLMAR24 FOJ MAR 2ND PG KS 2-3,18 VOLLMAR SUBDIVISION LUPTON MEADOWS DIVISION N3. B-1 3943360 Pages: 8 of 11 06/26/2013 01:30 P11 R Fee :$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO SIII h4��1�Yyt�a+I?N+�'GhJ'fU'�Fih khWWJltih i Y4�h 11111 Weld County overrnl� Parcel Na 131 13-0 Legal: 100 FEE W 0 ACROSS S2SE4 1 2.6 FEET OF ABON 100 I OVER AND ACROSS 1 DESCRIBED IN BOO I1 ent -006 RAND , EXC56 T R/W 4SE4 AS 7 PG 497 CR 20 DOWS S DIVISION M3 RPLT LOTS8-10 22 Weld County Government Parcel No. 1311-13-0-00-006 Legal: 100 FEETR/VV OVER AND ACROSS S2SE4 13-2-67, EXC 56 FEET OF ABDN 100 FEET ROW OVER AND ACROSS SW4SE4 AS DESCRIBED IN BOOK 1257 PG 497 IL 1 CR 20 CR20 u U on 02N �1 67W VOLLMAR SUB (VISION 02N 66W CR20 19 B-2 3943360 Pages: 9 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III lrrAHt+ AKIVAIHIAi) id BIM EXHIBIT C Access Area See attached. C-1 3943360 06/26/2013 Pages: 10 013 01:30 PM RFFee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO IIII Rrit 7tkiih'L !MVOliPi VWPith till EXHIBIT C TOWNSHIP 2 NORTH, RANGE 67 WEST PART OF SECTION 13 WELD COUNTY, COLORADO I - 25' WIDE PERMANENT ACCESS EASEMENT WELD COUNTY 131113000006 258.250 N TOTAL DISTANCE OF ACCESS EASEMENT ACROSS PROPERTY APPROXIMATELY 6211 FT 38± RODS 25' WIDE PERMANENT ACCESS EASEMENT APPROXIMATELY 16,829± SF 1.386± ACRES NOTES 1. THE PROPERTY LINES DEPICTED HERON ME APPROXIMATE, AND ARE NOT BASED ON SURVEY DATA 2. ALL DISTANCES SHOWN HERON ME APPROXIMATE AND ARE NOT BASED ON SURVEY DATA. CH2MHILL REVISIONS NO. A DATE 717(11 BY AWG DESCRIPTION ISSUED FOR REVIEW ACCESS ROAD CROSSING PROPERTY OF WELD COUNTY TRACT 258.250 �wrn 7/7/11 !cave, �mmoonnnt wwe AWG 131113000006 U 6236168_1,DOCX C-2 3943360 Pages: 11 of 11 06/26/2013 01:30 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 "Ill Hello