The URL can be used to link to this page

Browse Search

Home My WebLink About20122091.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 71 AND AUTHORIZE CHAIR TO SIGN - BEAR TRACKER ENERGY, LLC 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 71 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 Bear Tracker Energy, LLC, 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 71 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 Bear Tracker Energy, LLC, 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 August, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO per' ATTEST: „ nr_ c-5- Sean P. C ' aC Chair Weld County Clerk to the Board L 9 William . Garcia, Pro-Tem BY: .V1 Deputy Cler to th Boar a XCUSED rbara Kirkmeyer APP AS RM 18616 XCUSED vid E. Long ounty Attorney uglas Radema her Date of signature: S& a 2012-2091 f C ' PL.) EG0066 S. -la �86r MEMORANDUM �i TO: Clerk to the Board DATE: August 3, 2012 A U N T 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 Bear Tracker Energy LLC., to utilize Weld County Road 71 section line access to their Angus Compressor Station site. Enclosures pc: Planning staff M\Don\AgendallonExclusiveLicAgree.docx 2012-2091 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 1�t�t j�tS� ,207.,by and between WELD COUNTY, COLORADO,by and through the Board of County Commissioners of Weld County,Colorado,whose address is 1150 O Street,Greeley,Colorado 80631, as First Party, and Leo r 'l rc._e2t_c .r\eArci[ , as Second Party whose address is I `._) Z L c_ rrA r Sue, 31-tc, r��v..vLr , C' Ca WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the t 1-/ of Section t : ,Township 4 l North,Range(.c}3West of the 61' P.M. in Weld County,Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR ,' ( for a distance of_ _ _ S2F0` 5 - a F WCR 7, and located as follows: :3cf o } fi U�U "` ��e I`I only between Sections i and I ,Township j j North,Range/'3 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: I. 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: 3865043 Pages: 1 of 4 06/09/2012 11:14 Aft R Fee:$0.00 Steve Morenc Clerk and Recorder weld County. CO ■III�'��'��1 R+�'�`lih`I��'I�'��t.15,01,1VC1i`iifit fik 141 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. 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 I 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. 2 3865043 Pages: 2 of 4 08/09/2012 11:14 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 NMI IIII,CV14111,104 104!ML!r' I 't lid CIAI *i Ill III 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. II. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place,the fee may be waived. 12. There shall be a$I 00.00 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. 3865043 Pages: 3 of 4 08/09/2012 11:14 AM R Fee:$0.00 tit hri�Vs111 1■�'� I� 1 � N,co 4i *UV! t 144 VI lMll l till 3 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 EI ATTEST: S, ' Clerk tot Board rt. ? `k tm69 C By: , ', F. Br- Deputy Cl ;:j/ Sean P. Conway ,Chair AUG 08 2012 SECOND PARTY: NAME NAME By: /40°.-""7- <"�' By: kACHELL E•✓K/A/ceC.'e /7Ar/.4gFR &,4R 7 , C.L e 6 'e, c Y /1 C i SUBSCRIBED ANQ SWORN to before me this day of , .. 20 1? 2 By 6 T f;5 �2itt-I 1 WITNESS my hand and official seal • Notary Public My commission expires: 5J8/20t 4 ROBIN G.MACHFIOLZ NOTARY PUBUC STATE OF COLORADO COMMISSION EXPIRATION:05/08/2014 M:WGREEMENTS\Non-cxclusive\AGREEMENT FORM.doc 38 43 08/6 90/2012 11:14AM Pages: R4 of 4 Fee:$0.00 Steve Moreno, Clerk and Recoder. Weld Courts, co N4IN1; PAIN III II 4 (.9 042- aoVi I. ! K 1 r e.tM•' ' ;Ai lt� .5ry ''. 1 S� x • .a^ r .,y.,� IiY q . _ •✓i �' c— f • 7 ! -,r2.1‘..• • r I /� •�•t �llC¢ -'� R •!(f:. •D 1,-, /.7.1"! .y4 l t r it•L r -,r ' Pa 'Mice. • d♦ - ._ _•_ _ I Y ~ I'L I. 1Q ' 6 4lW1 y . Qp r� •14 r �- J • LS A':: 1":'.. /*F-+ t • r .i '• Y J�•i ' } r' u1 f }s- 'r ,��`J a �1. .. � +/��'' Jy + 4c°�d [ [ t r i=K Il. . \I ). y.. .t, f.' .L i /g+ .�.. 7 4;1A!'f; fir r - \1 I' / _a: - ' •:/.ks• ' ,�� i `�! f �.-=.:s---rave,+•..trnrrw<carwr.=aca-.scr+a_•c.-�•a• ✓: I iv-. • ,+ - , 4 4- Ja 111•1n 7 } �....ailipr' 5 ,° ��, °�,; r'�: FARMS -' f_, r• r l .'rAl, . .. j I1J ,,p, - y ri, Phl s, .U i: . �:. i'Ci,,' r .. , • r r • �rr_. - n R S ,�.. .r ,f.r�� • '. } ''�.n.. - te ' !D . 3= ' UARY � ;„tettY " r . " - 4 BURBACH ROBERT J (HEIRS OF) )- � NIMA ; � ;. � 1 . ;i t - q`. 1 a I K" 4, 4.i + e, v • ['rji �.e, • i -r•` , ' fi may+ yt/}a rt.- t:sic! t a a-' . .r 'A �,.14.. yt'{.'. I r an' • i r 1 /6 -*�Y_ F .t'• y... ., . - 1 • k. • 1` / Ai 1 < jt' . • :ji1t • •.fin.-il e J lt {a .. .. _ ti-. i J , „ . _ fy� _ _ �.\f� j�.�'�• ij(�/Y r_`_.f .•� '-^ +.Y�Y7f r'fTBT lYl . - - V V�L�-VlJU1 V I \.1/"1U I .J� 11.��._.:..r._s•��.✓`r_._ �.�.. .. �._ . .n ,-_-.,+ �---•. «..y r Yt .tea •. -�_. - - - - 1 -U 131•• ' T L s 16 a I, it et 1 • + It �1- 1 4, PO: ref 1 1 ♦i Is IIIp : - n • . f pi . t p, .1, _ # tifee _ 1113 ,11 lit> I A , . . ,_ , . :IA r - ' . . " b. ,. �w . ; . . , . , 4 . . ... r KJ.-s•t". jkr ....1 . _ A t r lM - 4 Y• / v • • • ,.. , , l 1 t -.it-- '' II Uri ✓: Y. • I: ' - . . .l. .� • .1, .�•. . - 1 4 Intl.-♦ t � ... .LAMBEFTSON LLOYDS Y ,..y. o ` , , a S Q , II - - - - - ,�..1' r .� ' L - *• s .rAte' . .••♦ , mow: y - !r _ . '. . .11 t - T /- ate.., 3' -1 • _ .fY i'r . r� h'� 1 A. '• nOr .,. Irf U1, [ �, ,. -F USR'2- O04? 44? glC" ,‘ Weld County Public Works Dept. s 11111;Street ACCESS PERMIT �� P.O. Box 758 j "43 V'� rte �r� Gree,ey,CO 80632 APPLICATION FORM & x /C ,t4 O Phone: (970)304.6496 Fax:(970)304-6497 Annlicant Property Owner(if different than Applicant) 1 Name ... ----- Nsme `,r YCet, —1%r'7Z Company •t• :._.` '•L.:t`.:- •°;C�`••( Address l%:-:.� 9 c .) Ty el Z- 7 Address ;r-. '-‘ ;‘+'-''.-%'•_n-=t - cy,: City (_'ti c t.—c'Z State Zip 8417,29 City ..•r- , Srare•ry Zip_ _ . Phone 9 7 '/ '`?.5"-- 3 .:2;:2 7 Business Phone 1;3) `; il )`. r) Fax— - Fax (7):::,";) l:,-Z-- frc:.._- L.>I E-mail Email ISI.ik c7+<-i.c�'/j•c y,: .rcKr...t.:r'tl;y:(!nri • =Existing Access 6=Proposed Access Parcel Location&Sketch I me access is on WCR...711... (SECT/0 AJ L/rVC) Nearest Intersection:WCR '/ &VICR WCA 13 O Distance from Intersection h ice. Parcel Number r�10r%'fy—G< C'f.� (%t / I0-- Section/Township/Range_��c. -•ir- • ( ; i`,�r -�7�1 i ,� t i - V I ! } Is there an existing access to the property" YES (NO.' N L��, Number of Existing Accesses # ' `:i Road Surface Type&Construction Information SgC.V1 Asphalt Gravei Treated ,_— Other wca Culvert Size&Type 7f D // Ft)-- °O IL!y Materials used to construct Access (1,:,I✓rcAlC;Fir vysc Construction Start Date finish Date Proposed Use t,Temporary(Tracking Pad Require:.)/575 a Single Residential/S75 = industriali5150 �;Sinai.Commercial or Oil&Gas/575 o Large Commercial/S150 •-Subdivision/5150 Fred(Agriculture Only)/Exempt I;this access associated with a P!annin^Process' L.:No :- L iSR r.,PE o PUO o Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left.Right,&into the access) Dv accenting this Aerrnit,the.rndersigneo Ap;•.L•c:rtt.uncle,per.':ty rt r:er)ury,viiveriims that they have received all pages of the permit appl.cation;they:save read and understand all of the permit requirements and provisions set forth on all pages;tnat they have the authority to sign fo'and b.nd the Applicant.ii the Applicant:s a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to como:y with all said permit reou,rernents and provisions,all Welo County ordinances,and state laws reparding'acr it,es construction. . zJ • 2 Signature -�`75•"1 -i Printed Name (2l'- 4v /tff.' L:"e4 c Daze y/A342 Approval or Denial will be issued in minimum of 5 days. Approved by Revnett D]te o:=9/ir. P ',..Ji Typical Traffic Control Plan Diagram N ROAD .WORK AHEAD },G4,.' nn lu - I , (�.lNt;3 i.t `._,,. t i(y, l-I 1 ' I i i'-'7' ...‘2.'" L,lr'L --Q r..,\A . 7 t • I ::,ti k ' i _ , ucc.) 61 - .1 O .r v ,t, , fir., O rlrt_c o • ;,y, `i-� A i ore,,,`,, t•.,n[.. !T-1,5. I ,.--I i Q, ....,ROAD WORK AHEAD Sec. 1 t-i j r c `.. > , Notes: 1. The above diagram is typical for normal shoulder work applications. Additional signing may be required. 2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic, channelizing devices are required for day use only. No night time obstructions are allowed IX I Es A 3 4ii 94 ii I 1R I - 94 @p �, eec!cic'19 i i mg et a ' as p � s P P6i £ § yy� d IR, _ e g 4 i Q 5 a — deal a 13aI g p i i ' S er C • [Y i`i� Q !I 9 e X e, A _ 2gv v F t 6e is :li e4 g.? 4 g iC , 3° Pup e 3 I4 PI; _ 44 e ! ' ;a9 1 4 ; e ' PI a , ' A- Ai 4; pp o 9' g a : ea Q!i.i a tea 2 ie3 d g g ` Pu ii; 9 i 5 ! Ks; !p'i 8A a{p : tt(l ` _`'g 6 g6 g 4 I .. se_ 9 c i FI iv ;Qei'5. ae9a S Pdi I A; a x. ID I E I II I = I e I „., .,o,s • t .. 1..1! ! flo ti t s: ci lip• ` $ I3 n. ,,.1 a e ieleti t4�gi ie !{ 4E9i f l4 , a I a,, . Ii-,- i tt lel! i { E ! i it' • < 's.,7:azI L ,. . , { i a tie d Imo �3, 9e}iF. t1 a3: "i x"ie !;� + t ,,.oe waa '. g C e° F ie.KFa, t $ E` ie a e 0 ail E4 3i' . ,R i-1 w e • a !pia eE6FF9i a ?eel itl a o e ieiett 4pEif'sit 9t 3'f ii SB ai .,w,,.,��„ t. to t i[ i i ° iii ill iiee S1`l.¢i Att, iF 1- o :1 __ a „.4 „ loci,err, �• ` t° {t, it it ig !`g ,,,, t )1-01 111 de ;aAd g ,I. 4 ....,,.w.. 'titil! .I!I iiili r ti ff itir�i t E i_ e t 4 E t! @UI. Ig a d. i z_i it i_s E Il e+ 4 ape ie i?{ li. i' tf°s ! . . ti`•tli 'ii.iib•fi <4a if1Etl� dii t iEtE gilt e'l i— @e4i=i Iti �S6E 1 iCjt-siiy1 'ii Ii I{ t4 +lF : t " . Iii!" Sia:St Ill l!Ih:' ors'`•rtk 3 - K !ii a atsf Ei°I t,i •IF l4! 41; thit{t _tiliile I.! t ti ii• `lt tit ' g 4itipS� ft, ei {ieki ;�to ot_a t tl o A Id_ it; td iti5 t v4ai� i i {Btr`x 4t IIE ii tits sill 5 . Hello