HomeMy WebLinkAbout20131144.tiffRESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF COUNTY ROAD 86 RIGHT-OF-WAY AND AUTHORIZE CHAIR
TO SIGN - MARK ROBERTS
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 County Road 86 Right -of -Way 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 Mark Roberts, 7113 CR 86, Fort Collins,
Colorado, 80524, 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 County Road 86 Right -of -Way 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 Mark Roberts, 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 8th day of May, A.D., 2013.
ATTEST: a
Weld County Clerk to the Boa
BY:
Deputy Clerk tithe Board
MAY 1 6 2013
Date of signature:
OARD OF COUNTY COMMISSIONERS
�4ELD COCO., Y, COLORADO
Oki wal Orr
yrniiam F_"Garcia �'r
Doug -s Radem''cher, Pro-Tem
Sean P. Conway
10
Mike Freeman
arbara Kirkmeyer
2013-1144
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: May 1, 2013
FROM: Jennifer Petrik, Development Review Engineer
Public Works Department
SUBJECT: Agenda Item -Nonexclusive license agreement
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 Mark Roberts to utilize Weld County Road 86 section line access
210ft east of WCR 15.
2013-1144
M:\PLANNING - DEVELOPMENT REVIEW\ -2012 Planning Referrals\USR12\USR12-0073 Roberts Time Lapse\non-exclusive\Clerk non-
exclusive cover USR12-0073.docx
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
TUIS NONEXCLU WE LICENSE AGREEMENT, made and entered into this day of
t , 20 /.2, by and between WELD COUNTY, COLORADO, by and through the Board
of ounty Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado
80631, as First Party, and p,((C abbot
, as Second Party whose
address is 7113 C L P& Roar GoLcl,ji co re) S2 V
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
PT Scat 12 -f -L7 LOT 6 REG Exea+oT 02,E-rl (.17•2)
of Section 32.. , Township 8' North, Range hi West of the 6°i P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR no for a distance of
210 Pt of WCR IS and located as follows: (m6 ft ®P Ai��n� d�Le?aW between
Section 31, Township R North, Range 617 West, and Section r , Township '7 orth, Rang 47West, 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:
1. 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:
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Steve Moreno, Clerk and Recorder, Weld County, CO
Mir1!Gl1W1Wlt 'IIN" kIt1 VA !'I% kk+iI 11III
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a. ROW shall be constructed and maintained along CR86 to ensure adequate access for
emergency vehicles from CR15 to the business access.
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 from CR15 to the business access 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.
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Steve Moreno, Clerk and Recorder, Weld County, CO
VIII iP1 Z1 lI4elt 11111
2
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.
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.
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Steve Moreno, Clerk and Recorder, CO
frPJPllfr4��I�A4F4.���1�� Weld
ti34I County,
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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:
Clerk to the Board
By:
William F. Garcia
Chair, Board of Weld County Commissioners
MAY 082013
By:
SUBSCRIBED AND SWORN to before me this day of 'Op Y 1 \ , 20
VS 1
By fnas-K. Thober
WITNESS my hand and official seal
My commission expires:
Notary Public
O10,&c,-, a taodl
M:WGREEMENTS\Non-exclusive\ AGREEMENT FORM.doc (Revised 1/2007)
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Steve Moreno, Clerk and Recorder, Weld County, CO
IIIIl��1R�3t+�JI�ICIiJYh�°i I1�YI��+ft1h�YY4rh ®1111
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JESSICA HUNTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094007363
MY COMMISSION EXPIRES MARCH 2, 2017
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DISCAIMER:
The GIS database and data in the product is subject to constant
change and the accuracy and completeness cannot be and is not
guaranteed. The designation of lots or parcels or land uses in the
database does not imply that the lots or parcels were created or
that the land uses comply with applicable State or Local Law.
WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES,
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS.
ACCURACY, OR CORRECTNESS OF SUCH PRODUCT. NOR
ACCEPTS ANY LIABILITY ARISING FROM ANY INCORRECT,
INCOMPLETE. OR MISLEADING INFORMATION CONTAINED
THEREIN.
Applicant's Name: Mark Roberts
Applicant's Address: 7113 CR86
City, state, Zip: Fort Collins CO 80524
Phone: 970-218-7158
Date: April 10, 2013
Sage Hill Homeowners Association
41884 Sage Hill Road
Fort Collins CO 80524
Dear Homeowners Association:
This letter is to notify all property owners using the County section line access that Mr.
Mark Roberts is requesting an access to his business on parcel #055532000032
located in Section 32, Township 8 North, Range 67 West of the 6th P.M. Weld County.
Mr. Roberts will be constructing a building for his business on the parcel. The reason
for this notification is that it will add additional traffic on the current access road. Weld
County Public Works requires that all landowners be notified.
Please acknowledge that you have been notified of the proposed business use and
plans for the land by signing and returning this letter. Included is a self-addressed,
stamped envelope for your convenience. Your signature on the certified mail receipt will
also acknowledge notification.
Acknowledgment of Notification:
L
By
(Auth Jted signature) (Print name and title)
cc: USR13-0073
WCR 86 file
((ri /71;15 (l
M:\PLANNING - DEVELOPMENT REVIEW\ -2012 Planning Referrals\USR12\USR12-0073 Roberts Time Lapse\non-
excl usive\Lette rToLa ndowners. d ocx
Applicant's Name: Mark Roberts
Applicant's Address: 7113 CR86
City, state, Zip: Fort Collins CO 80524
Phone: 970-218-7158
Date: April 10, 2013
Anheuser-Busch Inc.
Corporate Tax Dept.
One Busch Place
St Louis MO 63118-1849
Dear Anheuser Busch:
This letter is to notify all property owners using the County section line access that Mr.
Mark Roberts is requesting an access to his business on parcel #055532000032
located in Section 32, Township 8 North, Range 67 West of the 6th P.M. Weld County.
Mr. Roberts will be constructing a building for his business on the parcel. The reason
for this notification is that it will add additional traffic on the current access road. Weld
County Public Works requires that all landowners be notified.
Please acknowledge that you have been notified of the proposed business use and
plans for the land by signing and returning this letter. Included is a self-addressed,
stamped envelope for your convenience. Your signature on the certified mail receipt will
also acknowledge notification.
Acknowledgment of Notification:
By
(Authorize .`ig :cure)
cc: USR13-0073
WCR 86 file
r t{'�rC( ✓• �.e ��h .. , Or re dor -Cori
(Print name and title) Otte frI,k
M:\PLANNING - DEVELOPMENT REVIEW -2012 Planning Referrals\USR12\USR12-0073 Roberts Time Lapse \non-
exclus ive\LetterToLa ndowners.docx
Applicant's Name: Mark Roberts
Applicant's Address: 7113 CR86
City, state, Zip: Fort Collins CO 80524
Phone: 970-218-7158
Date: April 10, 2013
Fred H Hepp, Jr.
4709 Springer Dr
Fort Collins CO 80524
Dear Mr. Hepp:
This letter is to notify all property owners using the County section line access that Mr.
Mark Roberts is requesting an access to his business on parcel #055532000032
located in Section 32, Township 8 North, Range 67 West of the 6th P.M. Weld County.
Mr. Roberts will be constructing a building for his business on the parcel. The reason
for this notification is that it will add additional traffic on the current access road. Weld
County Public Works requires that all landowners be notified.
Please acknowledge that you have been notified of the proposed business use and
plans for the land by signing and returning this letter. Included is a self-addressed,
stamped envelope for your convenience. Your signature on the certified mail receipt will
also acknowledge notification.
Acknowlg gment of Notification:
cc: USR13-0073
WCR 86 file
Toed tJ.ctpr&
(Print name and title)
M:\PLANNING - DEVELOPMENT REVIEW\ -2012 Planning Referrals\USR12\USR12-0073 Roberts Time Lapse\non-
exclusive\LetterToLa nd owne rs. docx
WELD COUNTY PUBLIC WORKS
1111 H Street
P.O. Box 758
Greeley, CO 80632
Date
Permit #: NP13-00034
Permit Type:
Applicant:
PAYMENT RECEIPT
Miscellaneous
Mark & Kira Roberts
Mark & Kira Roberts
7113 CR 86
Fort Collins, CO 80524
Amount Paid Pmt Method
04/30/2013 $100.00 Check
Comments:
USR13-0073, Non -Ex Lic Agreement
Total Payments: $100.00
Balance Due:
$ 0.00
Reference #
1091
Thank You!
Phone: (970) 304-6496
Fax: (970) 304-6497
Cashier
MCAUDILL
are
are I ; Q�
s; fir, -tin ea gift-
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MARK ROBERTS
KIRA ROBERTS
7113 COUNTY RD. 86
FT. COLLINS, CO 80524
PAY TO
THE OR
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(808)482-7181
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