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Home My WebLink About20101772.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF BROADWAY AND AUTHORIZE CHAIR TO SIGN - REJOICE LUTHERAN CHURCH 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 Broadway 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 Rejoice Lutheran Church, 3413 Lowell Lane, P.O. Box 1244, Erie, Colorado 80516, 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 Broadway 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 Rejoice Lutheran Church 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 4th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ELD COUNTY COLORADO ATTEST: � ✓��G�a�� ajcp-YY � .irio. �u r J ` Do glas adema c2c air Weld County Clerk to th :. . �// 1351 7_, � =arbara KirkmeyerP o-Tem BY: Deputy Clerk to the Boni J j \�'1 ♦ I Sean P. C ay APP VEDAS • n/ F.a Garcia ounty A orney EXCUSED David E. Long Date of signature: �� 2010-1772 Qt; PtiO EG0062 g?' Le —/D/C1 7—/O rip tc‘—. MEMORANDUM CTO: Clerk to the Board DATE: August 2, 2010 COLORADO FROM: Clay Kimmi, Public Works SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance with Rejoice Lutheran Church on Broadway for a distance of '/z mile east of WCR 7 between Lowell Lane and WCR 4. pc: Planning staff M\Francie'AgcndallonExclusiveLicAgree-ClayKimmi.docx 2010-1772 • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this y day of rkUC{U`1\ , 2010, 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 Rejoice Lutheran Church, as Second Party whose address is PO Box 1244, Erie, CO 80516. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Lot 5, Block 4, Ranch Eggs, Inc Subdivision, Filing No. 2, in the NWl/4 of Section 34, Township 1 North, Range 68 West of the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as Broadway for a distance of approximately 1/2 mile east of WCR 7 between Lowell Lane and WCR 4 and located as follows: 40 feet of right-of-way approximately 'A mile east of WCR 7 in the NW1/4 of Section 34, Township 1 North, Range 68 West in the 6`h 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 1111111 1111111111111111 I11I 111111111111 III 1111111111111 3716118 09/02/2010 11:24A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder cQ0/D—/'7� 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. 2 1111111 11111 111111 11111 IIII 1111111 11111 111 11111 IIII 1111 3716118 09/02/2010 11:24A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 3 HID 11111 IIIIII 11111 IIII IIII 3716118 09/02/2010 11:24A 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 COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: a Clerk to the Board 1861 $O 43t9 �1� Deputy erk UN N Ch .r Dou 1as Rademacher AUG 0 4 2010 SECOND PARTY: Rejoice Lutheran Church Ruby Narucki-Pastor By: S CIZIf�IBED &NS_O D RN to before me this'niggly of JR J , 2010, By rat. - WITNESS my hand and official seal , /5L PTV..f! 1 •'taryPublic�� % • zi DIANE LG' ' My commission expires: q.11.� (� t� KOENI 'O ..........Op'�4 M_\AGREEMENTS\Non-exclusive\AGREEMENT FORM doe (Revised 1/2007) 4 11111111111111111111111111111111111111 I I 1111111111 III I 3716118 09/02/2010 11:24A Weld County, CO 12D/D— /2' 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -0 0 0 z • V g 0 O a` N N 1 . € 51 m d vLir^ a " a E �p r3 I/' Z bad yo2i°i o -7— O r L G m LC3Jo / Z +' xr (N. als g # cC ZL C� ocy.an .L • R .o r a am x o a ar• m © 4 �j aH CI a '11' 01 p O3 UL VG �R ♦+ r 0 ary �sm^ _Trap d 4 f=vB€g r9 Ce cal au/7 uo/42aszpoom , • ♦�'� o 0 00009 0 T � � W O 2. S I E "a o ca 9 m a I s E s_ � .. o _+ � m 8 ' g O 83ey° q Rejoice Lutheran Church USR-1630 3413 Lowell Lane Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) ($150.00) 150.00 TOTAL DUE 50.00 NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL / Documentation of Proof of Right-of-Way (Title Co./GIS Dept.) or documentation of an easement shall be provided to the Department of Public Works. JOne (1) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. An 81/2" x 11 " inch map, drawn, indicating type of right-of-way/easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. nlIfC' The applicant shall supply written documentation indicating that adjacent landowners are aware that the section line will be used to access the property. JThe applicant shall complete a Weld County Road Access Information sheet. The above information shall be submitted to Weld County Department of Public Works. Hearing date: , Wednesday, 9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the Court House. WELD COUNTY PUBLIC WORKS DEPARTMENT 1 1 11 H STREET PO BOX 758 GREELEY CO 80632 M:\PLANNING-DEVELOPMENT REVIEW\NonExclusiveLicenseAgree-Form.doc INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY,CO 80632 Date 2/22/10 970-356-4000,EXT.3750 `sl f N 3 { • M �₹i 1 1 LI •+ Applicant/Owner Email Address Rejoice Lutheran Church Street Address PO Box 1244 City State Zip Phone Number Fax Number Erie CO 80516 303-913-7070 Case# Subdivision/Case Name USR-1630 Ranch Eggs Inc,Filing 2 Lot(s) Block(s) Section Township Range 5 4 34 1 68 Area In Acres Existing Zoning Existing Use of Property #of Proposed Lots agricultural kt 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 1 Non-exclusive License Agreement $100 100.00 1 Fabrication and Installation of Cross Road Signs(Blue&white) $150 150.00 TOTAL DUE 250.00 Reviewed by: Title: Date: o Cash o Check# o Money Order# By Date M:ACla,ONon-ExcIusve AgreementsVCDOT WELDCO FORM 193.doc w\', 'LA Weld County Public Works Dept. - 1111H Street ACCESS PERMIT -O It, er co P.O. Box 758 Gc...„,4& -0- Greeley, CO 80632 JUL 2 8 2010 APPLICATION FORM ZiC V\1° Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Pastor Ruby Narucki Name Company Rejoice Lutheran Church, Inc. Address Address 3413 Lowell Lane City State Zip City Erie State CO Zip 80516 Phone Business Phone (303)828-3953 Fax Fax E-mail E-mail rnarucki@comcast.net ♦= Existing Access A= Proposed Access Parcel Location&Sketch The access is on WCR Lowell Lane Nearest Intersection: WCR 7 &WCR Lowell Lane WCR Distance from Intersection 7 and Lowell Lane Parcel Number See Attached Legal Description Section/Township/Range 1. YE 3 3 Is there an existing access to the property? NO N Number of Existing Accesses One(1) Road Surface Type &Construction Information Asphalt Gravel X Treated _ Other 1- Culvert Size &Type N/A 1Mki{ t Materials used to construct Access Gravel Road Base Construction Start Date 08/2010 Finish Date 08/2010 Proposed Use ❑Temporary(Tracking Pad Required)/$75 ❑ Single Residential/$75 o Industrial/$150 rx Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 n Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No X7 USR ❑ RE o PUD ❑ Other Required Attached Documents -Traffic Control Plan N/A -Certificate of Insurance -Access Pictures(From the Left, Right, & into the access) By 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 nd agrees to comply with all said permit requirements and provisions,all Weld County ordinances, and state laws regarding faciliti c st ction. Signature , Printed Name Pastor Ruby Narucki Date July 23, 2010 Approval or Denial w be issued in minimum of 5 days. Approved by Legal Description Rejoice Lutheran Church Erie, Colorado Lot 5, Block 4, Ranch Eggs, Inc. Subdivision - Filing No. Two NW 1/4, Section 34, Township 1 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado I r • I N $ '47 • S 0 -a . 1 Es 3 _ O 0 . i • ci a) w __ A • iHI t.O I ail: I'. ' . 11- I ITi /d' i F1' r = O Ss O C ik• co i a) .1 .c { .4 , 1111 1:1 a) • U • \itit. O 41 II . . CK i• . .tip t _ _ _ _ _ }I i , _ 1 1 ' 1 / J j I .' I •t, �L ifs' ! 2 X Ct L r 5 r z ' r 1, N f • w 10 ♦Al 114,4 :' L ' . it' a • t; G li . • I. I I i_ , ot' s I mot' '4t; • • • i .. - is , s— iii f 71 P; r v :I. LOB • • ., U w iii.1. c 1•`;y a 1 a/ rl' •- . r )i 1- r ' n • ♦� a Z a 0 'I if. •�f • , W M; Ti 4 L �— . ,i . • • • • y • • • . • • . , y • ,yl. . • r1 . • • ••I,• • L : . •, ��SSXYY .♦ l.� L1 r , 1• • .• ••1 • F O • <4' ' •• 1. . ., .. • • rte.• L_ • ! • • •• 0 U r, c_ 1 a) +• in •• it • • •• .r •- - `., •.; Sr . - '. i; ,• 1 e 1 II i • 4J.E'.:Sf - `Also.. t a ii v - . } 1 43 ` �` ( Is _• 4 t_ ••1 a . • , 1��yii tit • ' . ..... ' • Ofiligirrr . r , . i, , ,•-: _4r/qt.' _,,.. a 4 i .. 'r • O 4111- `1 .fit t�Ff} ^ 4 „ -1 ♦ .,./ -.2, �, C ) i •ai t., •so ' i -;;H:. , Ili rr tv 1.. .. ., +�c iiii �+C. 1 [' `. • i { k t ! ! .. -c...t. .k;liii T ` 0 . i O , i ipz . 1,- 0 : o , - .1:, 4 1 ,s n' Cpl •w Y ` r • • al •r .... •- WELD COUNTY PUBLIC WORKS co Weld County Public Works Dept. ��vvj Phone: (970) 304-6496 1111 H Street Fax: (970) 304-6497 P.O. Box 758 p u,� Greeley, CO 80632 G� �C W ,� PAYMENT RECEIPT Date: July 28, 2010 Permit#: NP10-00088 Permit Type: Miscellaneous Applicant: Pastor Ruby Narucki Rejoice Lutheran Church, Inc. 3413 Lowell Lane Erie, CO 80516 Amount Paid Payment Method Reference Number Cashier $250.00 Check 1349 MCAUDILL Comments: USR 1630, Non-Exclusive Lic Agr($100), Fab & install blue &white signs ($150) 2a=1019 1349 RUBY NARUCKI 10.0 MARCEL NARUCKI 1637 2896 BLUE JAY WAY DATE v LAFAYETTE, CO 80026 • OR E $025®,J7� ORDER OF OF #j DOLLARS 8 awm_.. 4 CHASE c h JPMorgan Chase Bank,NA. Denver.Colorado 80202 1 www.Chase.com MEMO _—___ ___—AP Report ID: PW0I '�' of 1 Print Date-Time • • 4, i E c 5400 Greenwood Plaza Blvd.,Greenwood Village,Colorado 80111 P:720/200-0630 I F:720/200-0631 July 23, 2010 Mr. Clay Kimmi PE Weld County Public Works JUL 2 8 2010 i j 1111 H Street PO Box 758 Greeley, Colorado 80632 Re: Rejoice Lutheran Church Use by Special Review Permit USR#1630 Weld County Erie, Colorado Eidos Project No. 09046 Dear Mr. Kimmi: Attached to this letter are the completed Access Permit Application Form and the Non-Exclusive Agreement for Rejoice Lutheran Church. Also enclosed are the two checks for the permits and agreements. Other documents that are also enclosed include: 1. The documentation and proof of right-of-way or of an easement on the property. 2. An 8-1/2 x 11 inch map drawn indicating the type of right-of-way/easement whether it is dedicated to provide adequate access to the parcel. 3. Photographs of the access to the property. I hope that these documents meet your current needs. Please let us know if there are any problems with any of the documents. Sincerely, a a'iAgLIA tu', ' n,zNiRichard G. Nearman _ President RGN:dlk enclosures cc: Michelle Martin Tom Parko Pastor Ruby P,,us Grelfituts PC P ar::w exuaioh.cu. . s ' t ' I . €. . . a zed \ e 3 'atF lFj 4 � Y �. Y` i WI i ,1rg 9 Pq a • EOni ! - iis , y I . a Be 1 a III 144 R �- i ' i W o � ct ., 4 8 0 ` % 6 • m tt QtIto • •• % - A antpaafg I. - V ` 0 osa ,/9 S/9 .00aF9 ,A .CVOF9 J ,/9529 5 tl a M tw W � V M .2 P 33 to ,r V) k • v N L;IS b M 01 0 NI p J 0 a a ti N �. M N C '' T` N. pi: ella• m O , �� ,BC'�, 0.1.9.0,a9.00.9 �'. .BC',2, • %//.u?u.WS V i-- .BC"9/9 / pd I I'� f .co DF9 qAU .,_ ,covn . 1� BL 929 1` Q S m v g4 d o 844' `�. / a°�p of tiQ �` $ $ �< (�tPb 8 % O N� a35�I. - 4 2 $ 620 (Pa��% y.,°`Jaar/S a/omo/aa J 4/ wtnic .9.? /° Vtl •p I:•d, ry y y g T'—/�-y y P C 'd h W ••? ^".'9 • qAd' R�'aF9 . 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