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Home My WebLink About20110493.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 56 AND AUTHORIZE CHAIR TO SIGN - EOG RESOURCES, INC. 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 56 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 EOG Resources, Inc., 600 17th Street, Suite 1000N, Denver, Colorado 80202, 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 56 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 EOG Resources, Inc., 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 16th day of February, A.D., 2011. BOARD F COUNTY OMMISSIONERS WELD OU TY, DO ATTEST: ;,�?, IE l Barbara Kirkrneysr,Chair Weld County Clerk to the ga r: 400. f (` Wies'� can way, Pro-Tem BY:Deputy Clerk to the Boa+�: (it W" mF. Garcia(,� r APPROVED AS TO FORM: David E. Lo 9 O°Cou' y Attor y Cicr 9 (ac ` 'a Douglas Rademach r Date of signature: 3/F/0)-(7 'No C. l�u(E0Q-i) CG . ?lc, COG 2011-0493 EO0064 3-a`3-il 3- 11- 1/ rt—"cfe‘-- MEMORANDUM WIlDe TO: Clerk to the Board DATE: February 14, 2011 COLORADO FROM: Donald Carroll, Engineering Administrator air 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 EOG Resources,Inc.to access parts of WCR 54 and WCR 56 section lines. Enclosed is one original signed signature sheet for the agreement. Enclosures M:AFrancieAAgendaDonCarmll.doe 2011-0493 0 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 10th day of February, 2011, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80632, as First Party, and EOG Resources, Inc. as Second Party whose address is 600 17th Street, Suite 1000N, Denver, Colorado 80202. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the SE corner of Section 17 and the NE corner to Section 20, Township 5, North, Range 61 West of the 6th P.M. in Weld County,Colorado, and WHEREAS, First Party is the owner of the Right-of-way known as WCR 56 for a distance of one 1.61 miles west of WCR 89 and located as follows: 60 feet right-of-way Sections 20 & 17 and Sections 18 and 19, Township 5 North, Range 61 West and 0.59 mile west of WCR 83 section line between Sections 23 and 26, T5N, R62 West in the 6th P.M. 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 IRO 11111 111111 11111 11111 11111 111111 III 11111 IIII IIII 1 3751499 02/18/2011 04:04P Weld County, CO c440/(-OLIU 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Eat 4 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. 111111111111111111111111111111111111111 3751499 02/18/2011 04:04P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 1 111111 11111 111111 11111 11111 11111 111111 III 11111 1111 IIII 3751499 02/18/2011 04:04P Weld County, CO M:WGREEMENTswon-exclusive\201 nEoc Resources.docx 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 ATIESI: �,,� •_ /i'� Clerk to the Board V 9,61 By: Dep11 Clerk �`� c�, Barbara Kirlcm er, Chai FEB 1 62011 SECOND PARTY: NAME NAME By: II t� �• By: Jenne er u SUBSCRIBED AND SWORN to before me this lothday of February ,2011 By Jennifer Yu 4.fig1�� , \\\hl\\11111t41r(tp.. WITNESS my hand and official s _ .t n :NOTARY'` `, Notary Public O= My commission expires: January 22, 2015 "74.•••••••'O� P OF COQ. moo M-`AGREEMENIS Noo-cxclu5ivdAGKEEMENr FORM.doc(iRcv6cd 12007) 1 111111 11111 111111 11111 11111 111111 III 11111 1111 3751499 02/18/2011 04:04? Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 aor/- otf93 • N tn cr— ._ - I-" w Ico W a ..� f -r v t � en `tr `_ z i = ,_ I t }a �y ri 1�1 it a L 2 • l,, ` i WM a C , Q � "' 6 r a �A �!l z i C. l'i et �: L' F, c. - �•• • • V n h C G,7 ( ° t - -1 Ir J W pa ., 0 4._ . tW : ._ I .. l.. 0 0 _ c/ii • Si( 11/0-41.19 -7 Q 41,E %` ll•. /� v •k.._ 6.1 fil .. 1 J / 1 l/ l ri f J � � a • Ni " ;jig/ -de� . jjj ,, r 1 �--✓ z _. j ----> �� ? •*r' . r • Fes—. ' '--._— _, `.` �r ' U r ,J � a- 0 ilinte."7 O1 _..."— `1 (- le.._ ci-O , ii- 1 _ } .� -. G am ~ � GO i �< Op � J Mme, L. i. ' , G' o p C %. .1� c pp - gi./ � �J (( �' y fi r oc --- .9 3 ,€)\/2) ____,./..., ,, . at le" Aerie ..d ? . eft) . __sac a . .....„.., ie../ ,, ,/r—r-, we-- -it'1 '? 0 cb - . . r�r a3 ' Q . p1 � .� r f / _/' !.; r'• „..tom r'j l •\? L• e....----11) —7 0 •••• _a-7 c„-- ' ck-S.' it___--)....„) ja);( 0 1,...-N 0 0, _„,-.0% 7(..,._ - '.1 .,-- _ . t•-___,--\ ik e c.. .t , __________-_ %. ....L.,--- c, ,._.-----ej r- cy ,7, tva - .........„ , E :? lr• !!J✓��JJ e.71 \ �j R_ I r � f EOG RESOURCES, INC. P.O. BOX 4362 HOUSTON, TEXAS 77210-4362 CHECK No. 1191728720 VENDOR No. 270164 01/31/11 2000075 01 SD 5720 CO1 07 PG 1 OF 1 WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET P 0 BOX 758 GREELEY, CO 80632 • VOUCHER INVOICE INVOICE DESCRIPTION NET = NO. NO. DATE AMOUNT _ 190266 JAN3111WELD 01/31/11 VOUCHERS PAYABLE 250.00 mm TOTAL CHECK AMOUNT USD 250.00 1ETACH AND RETAIN THIS STUB FOR YOUR RECORDS. /� EOG RESOURCES, INC. VENDOR No. 270164 Chogrosp�roei P.O. BOX 4362 62-20 NO. 1 1 91 728720 HOUSTON, TEXAS 77210-4362 311 01/31/11 $$$$$$$$$$$$$250.00 WELD COUNTY PUBLIC WORKS NOT VALID AFTER 90 DAYS DEPARTMENT PAY TO THE 1111 H STREET ORDER OF P 0 BOX 758 GREELEY, CO 80632n 1/ Two Hundred Fifty and 00/100 Dollars —1111-1 N AUTHORIZED SIGNATURE CITIBANK, N.A. OPERATIONS ACCOUNT ONE PENN'S WAY, NEW CASTLE, DE 19720 i' LL9L728720" I:03L LOO 209u: 39LLO2820 s 0 Weld County Public Works Dept. 4. 1111 H Street ACCESS PERMIT • m Or y P.O. Box 758 ` Greeley, Co 80632 APPLICATION FORM • • Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Nanette Lupcho Name State of Colorado Company EOG Resources, INC. Address 1313 Sherman St . 3620 Address 1060 East HWY 40 City Denver State CO Zip 80203 City Vernal State' Zip 84078 Phone 303-866-2371 Business Phone 43 5 781-9157 Fax Fax E-mail E-mail nanette lupcho@eogresources .com ♦=Existing Access A.Proposed Access Parcel Location&Sketch The access is on WCR 89 J Nearest Intersection: WCR 89 &WCR 52 wcR Distance from Intersection 10600 FT - Parcel Number 96722100003 vi co 89 Section/Township/Range 17/5N/61W ,r 5 Is there an existing access to the property? YES NO N 3 11 Number of Existing Accesses None UO Road Surfaye T &vue Construction Information Asphalt Gravel X Treated Other war 5(0 S.L Culvert Size&Type 18 IN. x 8 2 FT CMP f49O'qui Nw 4 Materials used to construct Access Native Soil & Gravel - 9_O Construction Start Date2/2/11 Finish Date 2/15/11 Note: See Attached Plan, Detail, & Photo Sheets Proposed Use o Temporary(Tracking Pad Required)/$75 ❑ Single Residential/$75 ❑ Industrial/$150 x Small Commercial or Oil&Gas/S75 a Large Commercial/$150 o Subdivision/$150 a Field(Agriculture Only)/Exempt Is this access associated with a Planning Process? a No ❑ USR a RE a PUD IQ Other 011 & Gas Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right, &into the access) 8y accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction. Signature Printed NameNanette Lupcho Date 1/25/2011 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 r_ _ • FIDUCIAL LLCFIDUCIAL LLC L & S CAPITAL LTD31L & S CAPITAL LTD 32 33 34SIEFKEN DAVID E 35 L & S CAPITAL LTD 36 L & S CAPITAL LTD SIEFKEN DAVID E COLORADO STATE OF LANTZ ERIC R L & S CAPITAL LTD KRIER MICHAEL FIDUCIAL LLC PEARSON STEPHEN LANE 1/2 INT::: ‘ L & S CAPITAL LTD COLORADO STATE OF L & S CAPITAL LTD COLORADO STATE OF 6 L & S CAPITAL LTD5 • WELLS RANCH3 70 RANCH LLC 2 1 L & S CAPITAL LTD COLORADO STATE OF L & S CAPITAL LTD alpeal GROTHEER DENNIS W LIVING TRl Olt OFCOLORADO STATE OFCOLORADO STATE OF COLORADO STATE � 2 7 8 WELLS RANCH 10 11 L & S CAPITAL LTD L & S CAPITAL LTD ' COLORADO STATE OFCOLORADO STATE OF COLORADO STATE OF SCHOOL DIST No. RE-50 iii , CARLSON ROY & BEVaRLY & CO I ` COLORADO STATE OF -I: ■ :.. 70 RANCH LLC . 13 18 17 MOUA XOR CHIA 1 6 15 14 L & S CAPITAL LTD L & S CAPITAL LTD COLORADO STATE OF COLORADO STATE OF COLORADO STATE OF KUNgEMILLER DAVID I EQUUS FARMS INCCOLORRDO STATE OF i USA 23 24 19 20 21 22 COLORADO STATE OF COLORADO STATE OF COLORADO STATE OF NELSON JAMES ML,EE KAYING T COLORADO STATE OF, 41. 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