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Home My WebLink About20122233.tiff RESOLUTION RE : APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 84 AND AUTHORIZE CHAIR TO SIGN — NOBLE ENERGY 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 84 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 Noble Energy , 2115 117th Avenue Greeley, Colorado 80634 , 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 84 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 Noble Energy 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 22th day of August, A. D . , 2012 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' ac ` 1_,--) Sean P . Conway, Chair Weld County Clerk to the Board ci � � William Pro-Tern BY: 11Ac; S , Deputy rk to he Boar, �y , � , CUSED yp "'•• L . r Kirkmeyer 1161 t��`� . APE ED FORM : �► • .1 ci? cr Cuw David E . Long oun y to torney or (d Douglas Rademacher Date of signature : (Th N " QC .0k 2012-2233 EG0066 86 MEMORANDUM _ �� ; •; TO: Clerk to the Board DATE: August 17, 2012 N T Y 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 Noble Energy to utilize Weld County Road 84 section line access to their Injection Well Site. Enclosures pc: Planning staff M:\Don\AgendallonExclusiveLicAgree.docx 2012-2233 • 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 flLrO0SV , 201 a, 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 Noble Energy ,as Second Party whose address is 2115 117th Avenue,Greeley.Colorado 80634 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the northeast quarter of the northeast quarter of Section 10 ,Township 7 North,Range 64 West of the 6111 P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR e4 for a distance of one mile between WCR 55 and WCR 57 and located as follows: between Sections s and 10 ,Township 7 North,Range 64 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: 1 3868478 Pages: 1 of 4 08/24/2012 11:00 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld�JCounty, CO I VIIIh'in�l 611/4 101,1Kl IIIGMG WIC 1#11.111i Mill11III (9(9/0?-aass 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 of20 feet. h. 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 ofa cattle guard is required,Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall he 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 he 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()fits rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 3868478 Pages: 2 of 4 08/2Steve M2012 11:00 pry R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO Ell hYrj FINV q41140i, KW,Of:C*1i 11111 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. I I. 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 3868478 Pages: 3 of 4 08/24/2012 11:00 RM 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: s1L®�� Clerk to the Board 1 = _ By:/ y 1� A•� %R �� ^w� Deputy r erk �'r� \ �� Sean P. Conway , Chair AUG C22012 2012 SECOND PARTY: NAME: Noble ergy/ NAME By: By: ose.' ' off"o/ Atto ey n act SUBSCRIBED ANN? SWORN to before me this /Dtday of gat/ , 20 12, BY (JD3{f, H L-Vyt s0 WITNESS my hand and official seal %\\ Notary Pub, 7 NOTARY', l� My commission expires: 3191 I S • of • —o • — �jI :• PUBLIC \- Op'COL F M:\AG REEMENTS\Nan-exclusive\AGREEMENT F0RM.doc 4 3868478 Pages: 4 of 4 08/24/2012 11 :00 An R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County CO 1111 P.6 VYNVi iit III aoia- DILLARD FAMILY LLC DILLARD FAMILY LLC U S A MAY JUDITH ANN COLORADO STATE I EL-YACOUBI HASSANAH DILLARD FAMILY LLC • MCKAY FARMS MCKAY FARMS F i DILLARD FAMILY LLC :;` ' • .... • WALCKER CHRI T16 .--- ----.--.;4!t ►.: Ate' _ - -` DILLARD FAMILY LLC DILLARD FAMILY LLCM • 'CIS SHABLE HOMESTEAD LLC • DILLARD FAMILY LLC '__ I - L -11 . 9 . . 1 . , . . . . . ,, . 1). li HELART ALFRED G (4/9 INT)DILLARD FAMILY LLC v - SHABLE HOMESTEAD r± '' SHABLE HO : STEAD LLC DEJONG STEVE R F ILLARD FAMILY LLC ; FURROW HAROLD FAMILY TRUST (1/2 IN = - --- ,• 1 6 • _. , _ , , .._ .t1 5 : . _ . ...._ , . _ .. . , _ ... _� d , . .. . , , '+ COLORADO STAT OF; r t FURROW HAROLD FAMILY TRUS PUR. ' IP RROW HAROLD FAMILY TRUST (1/2 INT) 1 ... ... ..... . . . .. .. ... ... .... ... . . . .. ,, s l: s'- vl • LL, OHLHOFF HENRY F (1/2 INTERES•`T) KOHLHOFF HENRY F(1/2 INT) 4 22 .., s !� - • S,r WEST DARRELL R - . 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N J al :: \ U • 0 1000 2000' _ • l j SCALE 1-=2000' el) i • / • R 7 LEGEND I EXISTING COUNTY ROAD ' + I ,� I NOBLE ENERGY ACCESS ROAD a NOBLE ENERGY Project No.: 133-35719-12001 p. d -rj i♦ TETRA TECH CUMMINS FIELD WATER INJECTION WELL Date: 2-10-12 d ,O Designed By. JJA ; ry www.tetratech.com VICINITY MAP E>alFait O 1900 S SUNSET ST.,STE 1-F N ID LONGMONT,CO 80501 1 U in 303.772.5282 r- - Bar Measures 1 inch Hello