HomeMy WebLinkAbout20122590.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION
OF IRRIGATION PIPE BENEATH COUNTY ROAD 23.25 AND AUTHORIZE CHAIR
TO SIGN - MAGNESS LAND AND CATTLE, 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 23.25 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 Magness Land and Cattle, LLC, 12284
County Road 24.5, Fort Lupton, Colorado 80621, 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 23.25 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 Magness Land and Cattle, 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 24th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTES % Sean R C Chair
Weld County Clerk to the C.a . 0,
itsi I ;,4`� A
m1 Garcia, Pro-T,em
BY: -._%
Deputy Clerk to the Bo^` a�( < 1-4-41 -117/LA---
tic
S Hit arb Kirkmeyer
APP ASTOF . ek,\ ,
J
David E. Long
r
ty rney plas 1,4-1
/6//(0ougla"s Rademac r
Date of signature: �o
/4. Y .7 nezc, )
Q4b//a G e.1� 2012-2590
EG0066
r MEMORANDUM
GOIJNTY
TO: Clerk to the Board DATE: September 20, 2012
FROM: Amy Burry, Public Works
SUBJECT: Agenda Item- Nonexclusive License Agreement
Please submit the enclosed items for the next agenda:
Nonexclusive License Agreement with Magness Land and Cattle,LLC,for the installation of a
4"irrigation line beneath CR 23.25.
Enclosed are 2 original Nonexclusive License Agreements and exhibits.
pc: Janet Carter
Francie Collins
Dave Bauer
2012-2590
NONEXCLUSIVE LICENSE AGREEMENT
CONCERNING INSTALLATION OF 4" IRRIGATION PIPE
BENEATH CR 23.25
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this,2tf tday
of Se Qn , 2012, by and between the Board of County Commissioners of Weld County,
Colorado, (hereinafter "Licensor"), whose address is 1150 O Street, Greeley, Colorado 80631,
and Magness Land and Cattle, LLC., (hereinafter "Licensee"), whose local address is 12284 CR
24 1/2, Ft. Lupton, Colorado 80621.
WITNESSETH:
WHEREAS, Licensor is the owner of a public right-of-way located in Weld County,
more particularly described on Exhibit A, (Right of Way Use application which includes a legal
description and map), which are attached to this Nonexclusive License Agreement and
incorporated herein by reference, (hereinafter referred to as "Property"), and
WHEREAS, pursuant to Colorado Revised Statutes, (hereinafter referred to as "C.R.S."),
§ 38-5-101, Licensor has the authority to permit public and private utilities to locate their
facilities along, across, upon and under said Property, and
WHEREAS, Licensee desires to construct, operate maintain, and repair a new 4"
irrigation pipe , under, and/or along portions of the Property, as more particularly described on
Exhibit A and
WHEREAS, Licensor desires to grant Licensee a non-exclusive license (hereinafter
referred to as "License"), to allow Licensee to construct, operate maintain, and repair the new 4"
irrigation pipe in, under, and/or along portions 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 with respect to such interest as Licensor may have in the
Property, a non-exclusive License to construct; operate maintain, and repair a 4" irrigation pipe
in, under, and/or along portions of the Property, subject to the following terms and conditions:
1. Licensors Limited Interest in Property. Licensor owns a limited interest in the
Property and therefore, does not warrant the right-of-way by the issuance of this License.
Licensee is responsible for determining the ownership of properties traversed by its lines, the
location of all property boundary lines, and the ownership of all right-of-ways. Therefore,
Licensee shall obtain from the fee title owner(s) of the Property or others having proprietary
interests in the Property such authority or rights as Licensee may need, in addition to this License
for Licensee's use of the Properly. Licensee acknowledges and agrees that the authorization
granted herein by Licensor is subject to Licensee's securing suit authority or rights
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Steve Moreno. Clerk and Recorder, Weld County, CO
■III minniaiyiiiivfrovreworm fro i Bill
2. Licensor's Rights. The parties to the License acknowledge and agree that
the Property exists as a public right-of-way for the primary benefit of the travelling public, and
that the rights granted herein to Licensee and to other public and private utilities and entities, are
subject to the Licensor's rights and obligations to preserve and maintain the Property as such.
A. Subject to the right granted herein to Licensee, Licensor reserves the
remaining use of the Property for existing and future construction, operation,
maintenance, repair, replacement relocation and abandonment of its own use and
facilities.
B. Licensor reserves the right to revoke this License at any time if Licensee
fails to comply with the requirements of this License. Should this License be terminated
for non-compliance by Licensee, any lines or facilities installed prior to the termination
shall remain the responsibility of the Licensee and may be removed or maintained by
Licensee at the sole discretion of Licensor.
3. Licensee's Responsibilities. Following the grant of the License herein is
conditioned upon Licensee's and its contractor's compliance with the following
requirements:
A. A Traffic Control Plan (TCP) must be submitted and approved prior to
Licensee's commencement of work. Licensee shall provide all necessary traffic control in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Flaggers
shall be provided at any locations where normal signing is not capable of handling the
safe and orderly flow of traffic.
B. Inspection of the work performed in the Weld County right-of-way is
required. Weld County Public Works will be notified 24 hours prior to commencing any
and all work. Final inspections are required. Weld County shall have the right to order
Licensee to stop work anytime Weld County believes that a violation of this Agreement
has occurred or if there is a danger to the public safety if the work continues.
C. In the event any changes are made to the roadway or its appurtenances
within the right-of-way that would necessitate removal or relocation of the 4" irrigation
pipe installed or constructed herein, Licensee shall do so promptly at its own expense
upon the request of the County.
D. 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 Weld County from claims for bodily injury, death, or property damage, which may
arise from the installation and/or construction contemplated herein, or caused by the
facilities which are installed and/or constructed as permitted 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:
2
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Steve Moreno, Clerk and Recorder, Weld County, Co
III III
(i) Statutory Worker's Compensation.
(ii) Contractor's public liability and property damage in the following sums:
Bodily Injury: Property Damage:
Each person $1,000,000 Each accident $1,000,000
Each accident $1,000,000 Aggregate $2,000,000
(iii) Automobile public liability and property damage in the following sums:
Bodily Injury: Property Damage:
Each person $1,000,000 Each accident $1,000,000
Each accident $1,000,000
E. Licensee shall be responsible for obtaining all other State, Federal, or
Local permits that may be necessary for the work to be performed.
F. If determined necessary by Licensor's Department of Public Works,
Licensee shall provide a surety bond or other security for the total amount required to
restore the right-of-way under which the projected 4" irrigation pipe is to be installed or
constructed, based upon current Licensor's contract prices for the performance of such
work. Said security shall remain in effect for a period of two (2) years after inspection of
completed construction by Licensor. Whether or not covered by a bond, Licensee shall
reimburse Licensor for any and all expenses incurred by Licensor within 2 years after
completion of any work, as a result of, or related to, failure by Licensee to perform all
installation, construction, maintenance or other work pursuant to this License and the
Right of Way Use Permit issued in addition to, in a workmanlike manner.
G. Licensor's Department of Public Works shall have the authority to
suspend work, wholly or in part, because of the failure of Licensee to properly execute
the work in accordance with this License. Notwithstanding the issuance of this License,
Licensor reserves the right to make or to require Licensee to make any changes,
additions, repairs or required relocation of any facilities within the dedicated rights-of-
way at any time. Licensor further reserves the right to reconstruct, widen and/or maintain
the road(s) or right(s)-of-way affected by this License, without compensating Licensee,
Licensee shall relocate its facility upon notification from Licensor of such activities.
H. Licensee shall report all emergency repairs to Weld County Public Works.
Licensee shall utilize proper traffic control measures. Emergency repairs shall be made
as soon as practicable after the Licensee is notified of the need for such repairs; but in no
ent shall such repairs be completed later than 24 hours after receiving such nclification,
.sxcept ng Those repair made necessary or occurring during adverse weathe-.
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Steve Moreno, Clerk and Recorder, Weld County, CO
■III i'(i M1}M61,1110 Nl14%1 10h't0.I0.INii Bill
I. Licensee or its contractor is responsible for locating all existing utilities.
Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two
days in advance of digging. Licensee must remove all utility locates such as flags and
marker pins from the Property (right-of-way) once the construction is complete.
J. No culverts, irrigation structures, drain lines, utility lines, or any other
facilities within the right-of-way are to be cut or damaged. In the event Licensee damages
an existing facility, Licensee shall first 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. All damaged facilities are to be inspected by
Licensor's Department of Public Works before being concealed in any manner. Drainage
and barrow ditches are to be restored to original condition immediately after backfilling
is completed. It is the duty of Licensee to anticipate all underground obstructions such as
culverts, irrigation structures, drain lines, or utility lines.
K. At the end of each day during the installation and construction Licensee
shall observe the following requirements:
(i) All materials shall be removed a minimum of ten feet (10') from outside
edge of the road shoulder;
(ii) All excavations upon the traveled portions of the right-of-way shall be
back-filled in accordance with the Compaction requirements set forth below
unless otherwise approved by Weld County;
(iii) All traffic signs must be in place per the approved Traffic Control Plan or
in accordance with the Manual on Uniform Traffic Control Devices or removed or
covered if not applicable to nightly activities.
L. No cleated or track equipment may work on or move over asphalt surfaces
without mats.
M. Licensee shall mark the site of the installation of the 4" irrigation pipe
with markers acceptable to Licensor.
N. The installation of non-ferrous lines in any right-of-way shall require a
suitable means to facilitate future line location, such as metallic warning tape installed
above the line.
O. Licensee shall preserve or replace all survey monuments or benchmarks at
each work site. If such monuments or bench marks are destroyed, Licensee shall hire a
Registered Land Surveyor to replace destroyed monuments or bench marks. If Licensee
chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land
Surveyor to complete such preservation.
P. All road borings shall be at a minimum depth of 4 feet plus diameter of
line below the lowest point of the right-of way. All underground facilities that parallel
4
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Steve Moreno, Clerk and Recorder, Weld County, CO
VIII iPIZINNINfrileIMNI:10%Millia*I II
the road centerline shall have a minimum of four(4) feet of ground cover.
Q. Compaction Requirements:
(i) All compaction of backfills and road surfaces shall be
compacted in accordance with the latest edition of the Colorado Department of
Transportation's "Standard Specifications for Road and Bridge Construction" or
Weld County Public Work Department's Design Criteria.
(ii) All backfills located under an existing asphalt surface or
under the asphalt not currently in place but will be as part of a new road
construction, must be compacted using flow-fill cement in the upper three feet
(3') of backfill.
(iii) If any wet or non-compactable materials are produced from
excavations, they shall be completely removed from the right-of-way and
replaced with compactable materials. The right-of-way shall then be returned to
the original grades and cross sections. Licensee shall have the authority to
determine what materials shall be discarded and what materials shall be
acceptable as replacement.
(iv) On gravel roads where excavation materials are stacked on
the road surfaces, road base of 900 tons of 3/4 inch crushed gravel meeting the
Colorado Highway Department specifications for Class 6 gravel per mile shall be
spread over the road surfaces upon completion of the work. Shoulders on paved
roads or barrow ditches where excavation is done shall require 300 tons per mile
upon completion. These amounts are to coat the road surfaces and do not
supersede any requirements within the Right of Way Use Permit.
(v) Backfilling lifts greater than eight (8) inches, but not
exceeding twelve (12) inches, shall be permitted providing that Licensee has
suitable equipment to properly compact the depth of lift placed. Licensor shall
determine if Licensee's equipment and the depth of backfill lift is appropriate.
Ninety-five (95%) percent of a standard proctor shall be required at any trench
depth or in replacement of any materials within the traveled portion of the right-
of-way. Eighty-five (85%) percent of a standard proctor shall be required at any
trench depth or in replacement of any materials off the traveled portions of the
right-of-way.
R. Licensee shall install manholes and other points of access to underground
lines within the boundaries of the Property outside the normal wheel path of the roadway
so that they do not obstruct maintenance operations within the rights-of-way. Licensee
shill adjust access points, at its sole expense, when requested to do so by Li-.ensor.
S. Licensee's Obligations Regarding Surveys:
(i) All surveying performed within the boundaries of the Property
shall be conducted with proper safety equipment and advanced warning signs;
(ii) Surveying permit holders can be issued an animal permit
5
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Steve Moreno Clerk and Recorder Weld County CO
VIIIruntinWirhkir 'Qiglire f3/44 Ir IN I II III
•
(iii) Any excavation within the boundaries of the Property will be
backfilled with the same material or better than what was excavated.
(iv) Licensor offers free monument boxes to Licensee to establish,
upgrade or perpetuate the location of an aliquot corner of any section on a paved
road. The boxes are located at Weld County Public Works Department. Licensee
shall furnish the location of the section corners being preserved to the Surveying
Section when obtaining monument boxes.
(v) Licensee shall replace all lids on monument boxes when finished
working for the day. If a lid is broken, a free replacement lid is available at
Licensor's Public Works Department.
T. Licensee's Obligations Regarding the Completion of Project and for
Emergency Repairs:
(i) Licensee shall place gravel on all surfaces where any
damage has occurred to the road surface from equipment, trenching, or storage of
material. Licensor shall determine the damaged areas, remedial work required,
and timing of said work.
(ii) Licensee shall complete road restoration including, but not
limited to, clean-up (including utility markers), repair of damaged facilities,
trench compaction, and replacement of gravel shall be kept within one (1) mile of
new excavation.
(iii) All disturbed portions of the right-of-way or damaged road
surfaces are to be returned to their original condition prior to demobilizing. If the
right of way is not returned to original conditions, Licensor may perform or
contract such remedial work and Licensee shall pay for all work or forfeit its
surety bond in order to pay for all work done.
U. The construction, operation, maintenance and repair of the 4" irrigation
pipe 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.
V. Project Special Provisions may be attached to the approved Right-of-Way
Use Permit, which includes additional requirements.
W. Licensee shall also be subject to the requirements and obligations imposed
by the Right of Way Use Permit. Neither the Right of Way Use Permit, nor this License
Agreement, are mutually exclusive, and shall be interpreted in concert with each other.
4. Indemnification. Except for 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
6
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Steve Moreno, and Recorder Weld County CO
Clerk
VIII h'friPl+i4 't'Y+6i��'MI4ll�xti��l II III
•
5. Hold Harmless. Except for the negligence of Licensor, Licensee agrees to
protect Licensor 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 and hereby releases Licensor,
its successors, assigns, employees, and agents from any and all claims and damages of
whatsoever character to property owned by Licensee resulting from any act, either on the part of
the Licensor or on the part of any third party.
6. No Assignment. Licensee shall not assign any or all of its rights under this
License without first obtaining written consent to such assignment from Licensee, which consent
shall not be unreasonably withheld. However, in the event Licensee contracts with a third party
contractor to perform the work associated with the installation of the Project, said contractor is
hereby authorized to utilize the Right-of-Way Use Permit issued to Licensee upon approval of
this License as required by County. Following the issuance of the Right of Way Use Permit, with
the County's written approval, Licensee may assign one or more of the responsibilities
enumerated in Paragraph 3 above to said contractor.
7. Entire Agreement. 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.
8. Effect of Invalidity of Provision. 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.
9. No Waiver of Immunity. No portion of this License 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 License be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this License.
10. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this License , and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this License
shall give or allow any claim or right of action whatsoever by any other person not included in
this License. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this License shall be an incidental
beneficiary only.
7
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Steve Moreno, Clerk and Recorder, Weld County, CO
VIII Inpzivete,hvili 'Clbteni4'tiqto,$'411111
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.
EXECUTED IN DUPLICATE the day and year first above written.
LICENSOR:
WELD COUNTY, COLORADO, by and through the
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, CO RADO
BY: c-----'
Sean P. Conway, Chair cy
ATTEST: •,:ea....-7-14,,---
SEP 2 4 2012
Clerk to thed f 4
By:
Deputy€ erk tact ' CF
Appr °[7.1
C
---2--
Wet o ty Attorney
IC
LICENSEE:
Magness L nd and Cattle, LLC.
3876597 Pages: 8 of 10
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By: Steve Moreno, Clerk and Recorder, Weld County, CO
Ki Johannsen El PinI,IIVh. CilltrliNtI# t1I ,te Di 11111
Title: M4Antic
SUBSCRIBED AND SWORN to before me this L9 day of SQpl -Le-k— . 2012
WITNESS my hand and official seal
/Pee,_cf.4—u,--7T
Notary Public ��
My commission expires: O e-b6 -13 . - fog
LEON 1N.
S 1 SIEVERS :'
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WELD COUNTY RIGHT-OF-WAY USE PERMIT
Weld County Public Works Dept. 44>7 , Phone: (970) 304-6496
1111 H Street 3 .. After Hours: (970)356-4000
P.O. Box 758 Emergency Services: (970)304-6500 x 2700
-o
Greeley, CO 80632 G4:9 r Inspection: (970)304-6480
Jf�Fy`�{,Q'��
SIC V1/
Permit Number: RW12-00355
Issuance of this permit binds applicant and its contractors to all requirements,provisions.and ordinances of Weld County,Colorado.
A copy of this permit must be on site at all times during construction hours.
Approved MUTCC traffic control/warning devices are required at all times.
Permit Type: Standard Permit fee: $160.00
Project Name: Private Irrigation line USR#: n/a
Application Date: 08/28/2012 Start date: 09/28/2012 Expiration date: 12/20/2012
Applicant Information: Contractor Information:
Name: Kirk Johannsen Name: Mindy Deutcher
Company: Magness Land and Cattle, LLC. Company: Anything Under Colorado LLC
Phone: 970-539-0767 Phone: 970-539-0828.cell
Email: Email: pdeutcher@gmail.com
Location: WCR: 23.25 Between: 30.5 And: Hwy 66
Address: 14181 CR 23.25 Subivision: Legal: 24 I 3N / 67W
Impacted Surface(sh
❑ Asphalt/Chip seal/RAP ❑Gravel ❑ Treated Gravel El Outside Roadway ❑ Other
Use Type:
❑Communication ❑Electrical ❑Gas/Oil ❑Water Service ❑Sanitary Sewer
O Irrigation ❑Storm Water R Misc 4"PVC
Classification of Work:
❑Abandonment ❑Misc.Occupation ❑ Relocation M Potholing M Other Bore CR 23.25
❑Maintenance ❑Culvert Installation ❑ Road Improvements ❑Tree Trimming
PI New Service D Overhead Installatioi PI Underground Installation ❑ Surveying
Description of ROW use:
Bore under CR 23.25. ROW(60')to ROW for 1-4"scedule 40 PUC Irrigation. (Location: approx. 110 ft South of
house 14181 CR 23.25)
Restoration:
O Asphalt(HMA) p Class 6 Road Base ❑Fugitive Dust Chemical ❑ Compaction Testing ❑Mulching
❑ Structural Fill ❑ Flow Fill R Native Material ❑ Reseeding ❑Erosion Control
El Other Remove Locates
Weekend Hours No
Daily work hours are from DAYLIGHT to 1/7 HOUR BEFORE DARK
Special Requirements
Line must be registered with 811 and tracer wires installed. Pending Nonexclusive License Agreement approval.
Approved by: Weld County Public Works Date:9/20/2012
3876597 Pages: 9 of 10 Rev.July 2010
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Print( Steve Moreno, Clerk
and Recorder, Weld County,ty, CO 103 Page 1 of 1
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