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Home My WebLink About20111401.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 132 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 132 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 132 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 1st day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: c : - . . . � �` l . /- CUSED %jara Kirkmeyer, Chair Weld County Clerk to the Boa g rq,, I' ,r. p.r , t o Pro-Tem BY: �' 1 Deputy Clerk to the Board •� lI Iii Will. F. Garcia APP D AS T David E. Long / o my Attorney EXCUSED r Douglas Rademacher Date of signature: /// 2011-1401 CC ��, E.O C� EG0064 ( e - It-l - ti MEMORANDUM 4$6,1\trii ' TO: Clerk to the Board DATE: May 27,2011 W� C FROM: Donald Carroll, Public Works Department t/ COLORADO 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 to utilize CR 132 Section Line Access to their Lion Creek#01-12H drilling site. The appropriate documentation is attached. Enclosures pc: Planning staff Janet Carter, Access M\Francie\Agendallon Exclusive.doc 2011-1401 c3� NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AM) MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 6day of Maw , 2011, by and between WELD COUNTY, COLORADO,by and through the Board of C:ounty Commissioners of Weld County,Colorado,whose address is 915 Tenth Street, Greeley, Colorado 80631,as First Party, and EOG Res,ourres. Tnr ,as Second Party whose address is 600 17th Street, Suite 1000N, Denver, CO 80202 • WITNESSETH: WHEREAS, Second Party desires to more effectively access property' located at the NWNF. of Section 12 ,Township 11 North,Range 64 \Vest of the fi ' P.M. in Weld County,Colorado, and WHEREAS.First Party is the owner of the right-of-way known as WCR 132 for a distance of 3. 095 J' - WCR and located as follows: NWNW, NENW, & NWNE between Sections 1 2 and 1 ,Township 11 North,Range 64 West,in Weld County,Colorado,which is hereinafter referred to as "ROW,"and WHEREAS,ROW is currently not beingmaintained 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 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 NonexclusiveLicense 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 The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Pam',which manter shall include,hut not be limited to,the following: 1111111111111111111111111111111111111111111111111111111 3771995 06/03/2011 12:13P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a. ROW shall be constructed and maintained as a graded and drained allweather 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 he 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 partof the maintenance responsib ilities 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 los 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 mad 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 he 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. ?. 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,prom iSe.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. 1 111111 11111 111111 1111 111111 111111 !1111111 11111 11111111 3771995 06/03/2011 12:13P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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,theemainder of this Nonexclusive License Agreement,or the application of such terms or provisions,to a person or circumstances other than those as to which itis 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 strictlyreserved 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 Nonexclusivel.icense 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 S150 fee for the fabrication and installation of blue and white cross roads signs identifying the sectionline 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 he waived. 12. There shalt he a$100.00 fee for the Nonexclusive License Agreement. I I I I I I111(11111III lilt Ili l I 111111111111 I l i 111111111 IIIi 3771995 06/03/2011 12:13P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMNIISSIONERS OF WELD COUNTY,COLORADO ATTEST: �i00&^": Clerk to the Board .,-----_, By .Deputy ' ♦ �• �g� By: Chair Pro—Tern DeputSk �� ''a Sean P. Conway JUN � � �� ffigt 403 1861t4;: • "', SECOND PARTY: 141 NAME NAME By: _ "/�'/'/'(y/'�" By: Jen r Yl1 201 SUBSCRIBED AND SWORN to before me this 16thday of May 1 By Jennifer Yu WITNESS my hand and official seal Aikm. R• M.a_ {ai c _ ,�\ _ \‘ Notary Public 1434O1A4PC•ILP is ti My commission expires: ( - tot`-I 2 i ) Ile i O.A ` .�I 3 3O 1OF COQ- `\ NI,:MGREFMLNFSNonexetasiv,FlGRELWIEN7 FORM.doc(Itevbcd 1.200') 14CQ( E.Q1I11 4 4 I IIIIII VIII IIIIII Ell lilt III VIII III VIII H IIII 3771995 06/03/2011 12:13P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder / /2/ T 11 N --� - �.f �, 1 U� `\, � __p___ - __../..\ ,_7\ J1 ( I' . ! >> f_ . J (in _ciji i, . . . N Lf 0 \ --\\ ''`, , i �._ i \ ` K .,._ ., • cue i� - {//J . _ , . ----A-jos,, ttl.'‘) re — . i 1 -N : i t3L c, ( 4 \44,5 , ,„ „.„ , i �/ c' I, I r I I , ___./..) \___ , 1 'A 41 1 r •rl (` l \ �, PROPOSED LOCATION: P ' / 1 LION CREEK #01- 12H' I ?\ . _ _ , - , ( -\\5- _,I__X\J., 1 LTE - N TE CCESS - , 3 - +I- .4.- �. :4, � i S? 1EXISTING POWER 14,1E ,� \ - ' ' �'�,` r __ • • • SE • CCESS X442' +1- , ,:,_ I- \J 1 EXISTING FENCE `•,. // - \ �``• ��/ {5311@- _ j \ 5..,B ��w�Y _ r 1 1h• ; - \ ,, 1 1 ( Ir 11 r - .---) _ 11 \ fj 1 ,) 'l C -� r '� �) \ r i -.lid: :9 t A_ ., 7 KAk(e'e I i .s (4 r -\ . _i 1 -awl 444.- 14 serlinK4: '- % � i i i 8 .. . u ,,‘ ( \1() N - ,cR12$ = CINT-------\, 7-•.%\ --a Weil ,i), • , III"' tj -' -Nippily ! E R CEP R D 14.5 M I. +!- �♦. "Is t �, i� - ) S L71Q _ , I` � '' b4 b3 -� } ' f � r , LEGEND: EOG RESOURCES, INC. �O OSED AOAD A SS ROAD N LION CREEK #01-12H X x x x FIT S'ITNGFENCE SECTION 12, T11N, R64W, 6th P.M. - • - . - • - • - • - • - • - EXISTING POWER LINE O INSTALL CATTLE GUARD 501 ' FM, 2380' FEL I . Uintah Engineering St Land Surveying I I ACCESS R 0 A D 1021221 I 1 11 1 85 South 200 East Vernal. Utah 8407S 4 A P IrOtllH DAY YEAR (43.5) 789 1017 etFA ?C (435) 799 1S13 SCALE: 1" = 2000'1 DRAWN BY: C.A.G. I REV: 00-00 -00 TOPO Hello