The URL can be used to link to this page

Browse Search

Home My WebLink About20131221.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF COUNTY ROAD 132 AND AUTHORIZE CHAIR TO SIGN - ROBERT PERNA 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 132 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 Robert Perna, 64996 CR 99, Grover, Colorado, 80729, 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 132 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 Robert Perna 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 20th day of May, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CQtJNTY, COLORADO ATTEST: Weld County Clerk to the BY: ufiA William F. Garcia, Chair /1°� min:`',,. Doug =s Rade acher, Pro-Tem Deputy Clerk to the Bo 7 ! } EXCUSED APPRO .) AS TO F my Att. rney Date of signature: '5/ /r p.cC2L odour' Sean P. Conway Mike Freeman EXCUSED Barbara Kirkmeyer CU `PIA) ,PL . 2013-1221 EG0068 MEMORANDUM TO: Clerk to the Board DATE: May 16, 2013 FROM: Donald Carroll, Engineering Administrator Public Works Department ,�1u 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 Robert Perna to utilize Weld County Road 132 section line access east of WCR 99 for an distance of one mile to access this parcel. Enclosures pc: Planning staff M:\Don\AgendallonExcl us iveLi cAgree. docx RECEIVED MAY 1 6 2013 WELD COUNTY COMMISSIONERS 2013-1221 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thiso?Oday of , 2013, by and between WELD COUNTY, COLORADO, by and through the Board of County ommissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado 80631, as First Party, and _Robert Perna , as Second Party whose address is _64996 CR 99 Grover ,Colorado 80729. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the _NE4 of Section _8 , Township _1l_North, Range _60_West ofthe 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 132_S.L._for a distance of 1 mile between WCR 99 and WCR 101 S.L. and located as follows: _30 -foot of right-of-way in Section 8 only between Sections 8 and 5� Township 11 North, Range _60 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: 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: 3938353 Pages: 1 of 4 06/07/2013 11:19 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII RMIf J,%cII J,,l "III ap/3-/dd/ a. ROW shall be constructed and maintained as a graded and drained all-weather road. 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. 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. 2 3938353 Pages: 2 of 4 06/07/2013 11:19 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO viii MF1EI 9II yi II III 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. 3 3938353 Pages: 3 of 4 06/07/2013 11:19 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 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:(/1 0 De u Jerk f1 �� Chair p �•./! ��•� � William F. Garcia HAY 202013 SECOND PARTY: NAME Robert Perna NAME By: SUWCW;ED,AIMO SWORN to before me this day of Mk, , 2013, By Q ei\o„ WITNESS my hand and official seal My commission expires: 7-5 .ad E? AR COUNTY OF IARAMIE '"��.'' STATE OF 619y^�%e WYOMING MY COMMISSION EXPIRES JULY 5, 2013 M:WGREEMENTS\Non-exclusive \ AGREEMENT FORM.doc (Revised 4/2013) 3938353 Pages: 4 of 4 06/07/2013 11:19 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII�1�Y7 Ki �lli4'Id44 h4l4�1�t�if��iNlLti�rWti LYkh 11111 4 R0/3 - Ada/ LLLLLLLLLLL�, .�..1NELt5' COV1rtt1r RO'AD1'3o WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970) 304-6496 After Hours: (970) 356-4000 Emergency Services: (970) 304-6500 x 2700 Inspection: (970) 304-6480 Permit Number: AP12-00261 Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado. Project Name: Applicant Information: Name: Robert Pema Company: Phone: 203-273-1132 Email: freemanmcjames@yahoo.com Location: Access is on WCR: Nearest Intersection WCR: Distance From Intersection: Number of Existing Accesses Planning Process: 99 99 5280 1 Road Surface Type & Construction Information: Road Surface: Other Culvert Size & Type: Start Date: Finish Date: 02/13/2013 Materials to Construct Access: Existing 2 -Track Required Attached Documents Submitted: Traffic Control Plan: & WCR: 130 Certificate of Insurance: Expiration date: 02/13/2013 Property Owner Information: Name: Company: Phone: Email: Proposed Use: Temporary: Single Residential: El Industrial: Small Commercial: Oil & Gas: Large Commercial: Subdivision: Field (Agricultural Only)/Exempt: Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Please utilize the existing accee point. Approved by: Acid Janet Carter, Weld County Public Works Date: 9/24/2012 Print Date -Time: 9/24/2012 11:20:41 AM Report ID: PW00008v002 Page 1 of 1 Robert Perna 64996 CR 99 Grover CO 80729 RETURN Ol ROBERT INPERNA, �ON ST , oo 1024 far 7008 3230 0.000 CI4'3 6470 UPATEOST4TES POSTAL SERVICE 1000 4982 THOMAS STEIRRUCK 3115 S INDIAN RIVER FORT PIERCE FL 34982-i 14b 34982$:';'46 0041 114 82-0214/1070 Si/'o 4L3 counr, teak 0013 en Nt4pc .tI\l. +i4 DE i BC: sa us Dolan 1eoaU W11108.. U.5. PINE RPRE Rh O W } o U 3 2 ry OJ r N If) LLN• 4—'1m4—'1mooWm .2 - rn a¢JNCC Wm "m E o _ W a Zr Cr a 7008 3230 0000 0473 6470 j, iA Yarn v. o — CL LL w Z co Q Z W <2 co —a pia r O HM LL ti ig Up —r >`m 'O0 2t rta E 0 c'iS m E « U c.10 c= n y m 2 y N E UmcE;r m E 0 U C m 3 M D av°in-c o or o z° r Una 0Qo Q ■ ■ • 0 qO o O N 0 W p+ oo CO O G 0 O U c4 Ln 3 Lo 0 N 0 oo M v 0 O 0 0 0 O M N M OS O E,g z� m amt N 102595-02-M-154 Domestic Return Receipt 0 a 2' 2 n LL Z a0 CE la 'RI CO O. N g rm 3� LL • F aOU co wn� isi CO -3> OmzCC 0 WELD COUNTY PUBLIC WORKS 1111 H Street P.O. Box 758 Greeley, CO 80632 PAYMENT RECEIPT Permit#: NP13-00035 Permit Type: Miscellaneous Applicant: Robert Perna Robert Perna 5383 Julian St Denver, CO 80221 Phone: (970) 304-6496 Fax: (970) 304-6497 Date Amount Paid Pmt Method Reference # Cashier 05/15/2013 $100.00 Check 114 MCAUDILL Comments: Non -Exclusive License Agreement Total Payments: $100.00 Balance Due: $ 0.00 Thank You! 114 i GV g( -o coo or)" ruOcic. ware` Ors /cc en E": Num 0,O2 Bolan Ilk aANxw$5r For !1/6YJ cL U cl Lig clearer er 4:[4, Page 1 of 1 agleamialle Hello