HomeMy WebLinkAbout20112989 RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 98 AND AUTHORIZE CHAIR TO SIGN -
VIAERO WIRELESS
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 98 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 Viaero Wireless, 1224 West Platte Avenue, Fort
Morgan, Colorado 80701, 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 98 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 Viaero Wireless 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 November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, Cgt,ORADO
✓ ; ,
ATTEST:
Barbara Kirkmeyer, Chair
Ira�
Weld County Clerk to the Board ^ /,
t ' an �o ay, Pro-Tem CI —
BY: p` ` � �rf/
Deputy C k to the Boa 9t.�
VA? aa-y ti m F. Garcia
V
APPRO7ED AS TO FORM: V ( L (cry
David E. Long
/ 7/,..� yW__
county Attorney EXCUSED
Douglas Rademacher
Date of signature: %,2
7 1
2011-2989
P D , VtQ tro EG0064
Z- 1 - I I
MEMORANDUM
1861 - 2011
TO: Clerk to the Board DATE: November 14, 2011
W E L [2,€ O U N T Y FROM: Heidi Hansen, 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 Viaero Wireless to utilize CR 98 Section Line
Access to their cellular tower site at Parcel#045331400004.
The appropriate documentation is attached.
Enclosures
pc: Chris Gathman, Planning staff
2011-2989
_4,-3 )
litho.:.i.. TM rillg Cill October 5,2011
Weld County Public Works Dept
1111 H Street
PO Box 758
Greeley CO 80632
Attn: Heidi Hansen, PE
Attached is the paperwork for Viaero's non-exclusive license agreement and a check for the application
fee of$100. Per a discussion yesterday with David Bauer, a Weld County Road Access Information sheet
is not required as Viaero will not be creating any new access to an existing improved Weld County road.
Regards,
Hen J cobsen, PE
Engine ring/Site Acquisition Specialist
Viaero Wireless
We are where you are .
1224W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.com
INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES
WELD COUNTY PUBLIC WORKS DEPARTMENT
• P.O. BOX 758
GREELEY,CO 80632
Date 8/11/11 970-356-4000, EXT.3750
APPLICANT
Applicant/Owner Email Address
Viaero Wireless Henry.jacobsen@viaero.com
Street Address
1350 W 6th St.
City State Zip Phone Number Fax Number
Loveland CO 80537
Case# Subdivision/Case Name
USR-1776
Lot(s) Block(s) Section Township Range
31 9 N 67 W
Area In Acres Existing Zoning Existing Use of Property #of Proposed Lots Lot D-proposed PUD
agricultural
FEE SCHEDULE
QTY DESCRIPTION UNIT PRICE TOTAL
Development Construction Permit(Subdivisions)
• ❑ Dwelling units $150/lot
❑ Non-Dwelling Units $750/lot
Offsite Road Agreement/Haul Route Agreement Review $500
Flood Hazard Development Permit $180
Storm Water Review $180
Geologic Hazard Permit $180
I Non-exclusive License Agreement $100 100.00
1 Fabrication and Installation of Cross Road Signs(Blue&white) ( t /4 ) 1
S too-
TOTAL DUE 25
Reviewed by: Title: Date:
o Cash o Check # o Money Order#
By Date
•
C\Usere\Henry's PC\AppData\LocalVNlcrosoft\Windows\Temporary Internet Files\Content lE5\Z0LBIBVS\INVOICE-PLANNING doc
beck'
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
•
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this S day of
o r ber , 2011; by and between WELD COUNTY, COLORADO, by and through the Board
of County Commissioners of Weld County, Colorado, whose address is 915 Tcnth Street, Greeley-, IISD 0 5IrCC/t
Grtt\tj Colorado 80632, as First Party,and Viaero Wireless as Second Party whose address is 1224 West Platte
Avenue, Fort Morgan CO 80701
WITNESSETH:
WHEREAS,Second Party desires to more effectively access property located at Lot B of RE-4494 of
Section 31, Township 9 North, Range 67 West of the 6th P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as CR 98 for a distance of
approximately 0.6 miles east of CR 13 and located as follows: 60 feet of right-of-way between Section 31,
Township 9 North, Range 67 West and Section 6, Township 8 North, Range 67 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 arc 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
I IIIIII VIII IIIIIII III VIII VIII IIIIIII 111 11111 IIII IIII
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• 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
1111111 11111 IIIIIII 01 11111111111111111 III 11111 III! 1111
3806465 11/17/2011 04:41P Weld County, CO
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• 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 1111111 I I 11111 11111 1111111 III 11111 1111 1111
3806465 11/17/2011 04:41P Weld County, CO
•
3 of 4 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
ATTEST:
Clerk to the Board
� / .
gy` BW: _:611.4it(;f, , v t 1_, fr tti
Deputy Clerk 44,16 \ , Chair /
NOV 1 6 2011
Ito ter'
SECOND PARTY: �Tr
Viaero Wireless
By: I r .; `---"ls—
• y TctcobDean
SUBSCRIBED AND SWORN to before me this day of 0rd ,987/
BY 1-fetA4 cf ei s i-)
WITNESS my hand and official seal
1�aki14'. (11 '
Notary Public r"MS C. Mew --
My commission expires: /07,a4(e0/3 It
Op COO
M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc (Revised 1/2007) Mr Commission(spires October MENU
1111111111111111111111 VIII 111111111111111111111111111
3806465 11/17/2011 04:41P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
4
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LOCATION MAP
• LOT 8 OF RECORDED EXEMPTION NO. 0453-31-3 RE 4494, IN THE
W1/2 SE1/4, SECTION 31, TOWNSHIP 9 NORTH, RANGE 67 WEST,
6TH P.M., COUNTY OF WELD, STATE OF COLORADO
I I
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NW1/4 SEC. 31 NEf/4 SEC. 31 11
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SECTION 31 l
T9N, R67W E1/15 COP. 31
FOLK]3 1/4' ALUN.CAR
• --------- S89e'4.n3'55'E 1303.30' PL0 12374
�__—__—__--____—__—CENTER 1/4 Cpl. 31 .'. '.r+.'' 699.91'
FWNP 3 1/4' ALUM.GIP is.
PLO 12374 LOT A
34.00 acres'pet
34.34 acres(gross I
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._._._. _. $69'36 16 X 1346.29 '�'� A 134..15'CD
book gR 09' R.O.N. FE COP. 11
book 83. page 109 F11/1SWND 3p1. 31 FOONO 3 1/d' ALUM.CAP
FOUND 3 1/4' .LLUM.CAP RS 123)4
R 5 12374
VIAERO WIRELESS WELLINGTON, CO. SITE
0 1000' 2000' CONTRACT SURVEYORS, LTD .
COMPLETE SURVEYING AND GLOBAL POSITIONING
SCALE: i" = 1000' 2
• NOTE: THIS IS NOT A SURVEY. ALL DIMENSIONS 2133 SOUTH BELLAIRE STREET #14
AND BEARINGS ARE APPROXIMATE AND WILL BE DENVER COLORADO 80222 '
VERIFIED IN THE FINAL SURVEY. (303) 756-3695
CLIENT: VIAERO WIRELESS PREPARED: 11/10/10 CSL # 10102-11
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,,✓ 601
c7ls ROAD PETITION.
Tew+�/9'-9 le K
To the Honorable Board of County Commissioners of Weld County,Colorado:
GENTLEMEN:
We,the undersigned, Citizens of your County,respectfully represent that the necessities of the public require a county wages
road to be laid
2out
-as follows,to-wit: Commencing ast___.__._ _ ____
I_U?t, 5-1-4-1-} ,? 1L e.1- e etic�eiptti `/-""yy_- . . (4 52 / & 4
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ti r. Chz)it_z4i, X.ktue(, /.Styr-e<d - j°J -1-r-.ea" �t,.-"�«,-s`"._vzt�etej _t. $ e, i C-0.2-, yam /��Lv c2e�r .,•-u. C6. TT µ .;�
•
(P) A;11a , 7a-u ysz __d_i_e.ri 1. th7� f�Lal, 4£r ....i..1.... .fie-i< . 7, -
•
Said road to be not less than sixty(60)feet in width.
We therefore petition your honorable body to cause to be laid out and opened a County road,as above described,and we, the owners I
of the land through which said road is sought to be laid out,in consideration of the sum of one dollar to us each and severalty in hand
paid by the said County of Weld,the receipt of which is hereby acknowledged, and of the laying out and opening of said road,hereby
agree to give the right of way through our lands,as shown by the plat accompanying tins petition, and relinquish all claims for daw-
afe by reason thereof. The said proposed line of road is more fully shown by the following map or plat, to which reference is herein
made,the same being in
Township 19- f North Range 17 west
36 -- 31 - 32 33 34- 35 36 81 - , '
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1 6 5 4 I 3 2 1 6 —
• 12 7 8 - 9 10 ii 12 7
13 18 - 17 161 15 14 13 18
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,da wjtneas oar stgnatwrss hereunto annexed, and followed by a description of our land, this day of o—
---=—___=__
SIGNATURES. PROPERTY OWNED.
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Q f Ca -7lr 3 .19 47
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PLlart In ,Bumisle awl,.
Br _ 'BePaillr ,
X 4/ , jOAO:when the following action was
Presented to the Board of awn* Commissioners, //----��
to-wit: ri:,R t,the Beard that the rirkt
taken and entered of record it on,:
of twey for void road threnogi datereted lands
is located ty the owners thereof aid the
_ - Rm.-rd b desoingthat the'welt goodrequires
the loving oat of said voodoo motion it was
ordered Mg/ the prayer of the pttitionera be
grant:d awl [hat the right of way through
Ds a Ca aO lap. _ - iota;:t.-nF<ri iexmtal land be takes in
Comfy of " 1 >>> ,,tilt aetord:.rKe :‘,,Li Salton gin of the Revised
���i� Pi "gd!{a�$$IORCna Statue,' of Lle UI"S.,,�a_ndd the-line of road ..
prayed for he and a her J&died alt"'^ .
highway. The Clerk it ai ma 0 sward
-r, /9/tp Wu gluier,plat fluroad as t r/nd,and
{es'IS Chi's us swan*. slily theRaoiOoarsrrif to jon erDes-
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Applicant's Name Viacro ratter
Applicant's Address t2a4 w Plei*. A.,4_
City, state, Zip R. marl a,, Cc 90701
Phone 170 - 4C1 -osss
Date Sor,+ int. 24,1/4%
To: Wa7hd W-I e.
4. v9-7 cot 9 i
We. cc Cc 8oS47
Dear -t•r• W ct Fa
This letter is to notify all property owners using the County section line access that we are
utilizing the unmaintained public right-of-way along the CR 98 section line to access our
parcel number c 4 s 3 31 40000 4± , located in Section 31 ,Township
North, Range 6" West of the 661 P.M.Weld County. An unmanned cellular tower will
• be built in this location. The reason for this notification is that it will add a minor amount of
traffic sharing the current access road, and Weld County Public Works requires that all
landowners be notified.
Please acknowledge that you have been notified of the proposed use and plans for the
land by signing and returning this letter. I have included a self-addressed, stamped
envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely,
Acknowledgment of Notification:
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• Applicant's Name ViAere, Wireless
Applicant's Address 1224 W Plate 4n.
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Phone 970 -44.7- osss
Date Seri- °I. 2"a"
To: Ra 6er r B ra..n o c'c
1131 C. CR 62
Wall in q len Ca 8051 9
Dear M r, r3 -a.-%n
This letter is to notify all property owners using the County section line access that we are
utilizing the unmaintained public right-of-way along the CR 98 section line to access our
parcel number 0 4 5 331 q 000 c4 ,located in Section 3l ,Township 9
North, Range `1 West of the 6t P.M. Weld County. An unmanned cellular tower will
• be built in this location. The reason for this notification is that it will add a minor amount of
traffic sharing the current access road, and Weld County Public Works requires that all
landowners be notified.
Please acknowledge that you have been notified of the proposed use and plans for the
land by signing and returning this letter. I have included a self-addressed, stamped
envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely,
Acknowled ment of No ' 'cation: /� 'IJ '
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Applicant's Name Via et-0 wireless
• Applicant's Address 12.2* w . ela-tbe Ave..
City, state, Zip Co rt ��r to C0 *0701
Phone 970- 44.7 . osss
Date Ste,+ dIM 20 it
To: S-Le{,e n (4
Lti% 58' c 13
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Dear MY. 64`,4--%
This letter is to notify all property owners using the County section line access that we are
utilizing the unmaintained public right-of-way along the CR 98 section line to access our
parcel number 0445 33 1 4 s o o a ,located in Section 31 ,Township 9
North, Range Cal West of the 6'n P.M. Weld County. An unmanned cellular tower will
• be built in this location. The reason for this notification is that it will add a minor amount of
traffic sharing the current access road, and Weld County Public Works requires that all
landowners be notified.
Please acknowledge that you have been notified of the proposed use and plans for the
land by signing and returning this letter. I have included a self-addressed, stamped
envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely,
Acknowledgment of Notification:
By -, S f0-ph , /ken 49 O
(authorized signature) (print name and title)
• M10LANNING-DEVELOPMENT REVIEW1OdinpwWnatMl fToLaldawwt®C
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• Applicant's Name Vlaa.-o wirole_ss
Applicant's Address 122y w elete A
City, state, Zip Fort- t-tors.-, to ken.r
Phone 97O - 'tten - ,c Sss
Date Sep+. or . 2rr
To: l�a�rid Wolf
339 Ca- g
Wetlin,4on Co 80549
Dear kr. Wok fe
This letter is to notify all property owners using the County section line access that we are
utilizing the unmaintained public right-of-way along the CR 98 section line to access our
parcel number 04$3 3r 4-0. 0 04. :located in Section 3 r , Township 9 it
• North, Range 67 West of the 6'" P.M. Weld County. An unmanned cellular tower will
be built in this location. The reason for this notification is that it will add a minor amount of
traffic sharing the current access road, and Weld County Public Works requires that all
landowners be notified.
Please acknowledge that you have been notified of the proposed use and plans for the
land by signing and returning this letter. I have included a self-addressed, stamped
envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely,
Ackno ed ment of Notifi ation:
By 'Lr�ra Lwy (le
authorized signature,, (print name and title)
• MP PLANNING-DEVELOPMENT REVIEWIOO(CMporbralLNIITolrMOwwn.00c
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CERTIFIED MAILTO RECEIPT
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Accela Automation: ShowPayDetai140 - T8108-D Page 1
ask Weld County Public Works Department
f,. VI 1111 H Street Mailing Address:
Willie Greeley,CO 8 P.O.Bo 708
Phone: (970)356-456-4 000 x3750 Greeley,Colorado 80632
or(970)304-6496
COLORADO FAX:(970)304-6497
RECEIPT
Application/Permit Number: NP11-00109
Application/Permit Type: Miscellaneous/NA
Applicant Name: ---- Niaero Wireless
Applicant Address: 1224 W Platte Ave
Fort Morgan, CO 80701
Receipt Number: 64152
Payment Method: Check
Reference Number: 93-455/929
Amount Paid: $100.00
Payment Date/Time: 11/14/11 10:11 :24
Cashier: Marj Caudill
Comments: Non-Exclusive License Agreement, USR-1776
T81
Versio
/_n US BANK 93-455/929
nO® HAVRE, MT
Check # 026646
wireless Check Date Check Amount
we are where you are.
1224 W Platte Ave., Ft Morgan, CO • 9/16/2011 ***"'***$100.00
Phone-(970)867-6767
**Void after 90 days**
One Hundred and 00/100 Dollars
PAY TO THE WELD COUNTY PLANNING
ORDER OF `°R a ea
Authorized Signature
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