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Home My WebLink About20092089.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 125 AND AUTHORIZE CHAIR TO SIGN - PETRO-CANADA RESOURCES (USA) 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 125 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 Petro -Canada Resources (USA) Inc., 999 18th Street, Suite 600, 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 125 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 Petro -Canada Resources (USA) 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 17th day of August, A.D., 2009. ATTEST: Weld County Clerk to the Bo BY. De APPR y Cler o the Board 'County Atto ney David E. Long Date of signature CI I Oel OARD OF OUNTY COMMISSIONERS Et.r 'Oy T , COLORADO iam F. Garcia, Chair Douglas "ademac er, Pro-Tem V c^ Sean P. Conway / / B'ark a Kirkmeyer „Tv 2009-2089 EG0060 AsKetvz, COLORADO MEMORANDUM TO: Clerk to the Board DATE: August 11, 2009 FROM: Donald Carroll, Engineering Administrator 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 Petro -Canada Resources (USA) inc. The appropriate documentation is attached. Enclosures Pc: Planning staff M:AFrancieAAgendaDonCarroll doc M:\Francie\AgendaDonCarroll.doc 2009-2089 THIS DOCU •.I NT WAS tc u;4D R TO BE IPJP.Di:C)IJ T, �f= FOR SCANNING PURPOSES. ?34 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY TI IIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this ) Aay of 7 J , 2009, 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 Petro -Canada Resources (USA) Inc., as Second Party whose address is 999 18th Street, Suite 600 Denver, Colorado 80202. WITNESSETH: SEE EXHIBIT "A "AND EXHIBIT "B"ATTACHED HERETO AND MADEA PART HEREOF WHEREAS, Second Party desires to more effectively access property located at the of Section ,Township North, Range 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 for a distance of WCR and located as follows: between Sections and , Township North, Range 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 he 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 11111 111111 IIII 11111 11111 1111111 III 11111 IIII I11I 3646534 09/02/2009 03:45P Weld County, CO 1 of 9 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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. 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 Hill 11111 111111 IIII 11111 11111 EDI III 11111 IIII IiII 3646534 09/02/2009 03:45P Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder S. 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 1 111111 11111 111111 1111 11111 111 11111II11111111111111 3646534 09/02/2009 03:45P Weld County, CO 3 of 9 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: Clerk to the Board /1) Deputy Chair William F. Garcia AUG 1 7 2009 SECOND PARTY: NAME: PETRO-CANADA RESOURCES (USA) INC. By: / Ryan I}eAntonio, Landman SUBSCRIBED AND SWORN to before me this 28th day of July 2009. By: Diane Cruickshank WITNESS my hand and official seal /L• (L�: k Rl.a4n,I"/ Notary Public My commission expires: / '6-2,1' M:\AGREEMENTS\NoncXelusive\AGREEMENT EORM.doc (Revised 1/2007) 1111111 11111 111 1111 11111 11111 1111111III IIIII NIL 4 3646534 09/02/2009 03:45P Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ��%-,?o,s'7 EXHIBIT "A" Attached to and made a part of that certain Non Exclusive License Agreement dated , 2009 by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado as First Party and Petro -Canada Resources (USA) Inc. as Second Party. Township 8 North, Range 58 West, 6`h P.M. Between Sections 8 and 9 17 and 16 20 and 21, 29 and 28, 32 and 33 also known as WCR 125 111111 UIII111111IIII11111111111111111III11111lilt till 3646534 09102/20(19 03:45P Weld County, CO 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 32 36 V • • • • • • • • • • • a • • • • • • • • 31 13 • • • • • • • • • • • O • L • • • • 24 • • 19 • • • • • y•••••••••••••S 30 � irosni36 sasp assist 31 • • • • • • • • • • • • • • • • • • • • • 1111111 11111 111111 III 11111 11111 1111111 III 11111 liii ill 3646534 09/02/2009 03:45P Weld CountyCO i�,- K'#IMr 6 0l 9 fl 0.00 0 0.00 Steve Moreno Clerk & Recorder 33 34 3 UI h(l4EXCLgstve LIC ENSE PETRo - CANADA RES PRo POSED ••••••••••• 6 XIST/IVt, '1-Iis- cc a Dt al De W -0 lY r h O U b -�3 c, N O 0 U FA <; U • O > U • o U .1O X O C Z • L .! • . O O 42, ¢' O vl at CI Ct. P • CO • C U Cl Q O � �..�' Y f. 40 , :. • • ;SKY _ i + S. . • eI.• .- •! . ,. • in •'; •' • • , —. a" =. f • ....• ' .. ,,ryt '• 'i• •••-•."z ,r ' • ' 0`• is I �_ 'ti •f .. M!. � . • _ter• .r ."' j i a tip,• z ; Y'•M: y' N .-1 .-I N in N '.lM1 :.14 .i !MIMI 11111 . f IIII lI III 1111111 N' III IIi1 III IIt N' .,' 3...0•• 3646534 09/02/2009 03:45P Weld County. CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder b ?/2 ti o~l CU 4-12-1923 °) o;\� Q,ti /h", Qi 8-21-1913 12-4-19n 10-24-1914 cu m M Y 09 k /��k , Y,� /^ Y '' CM� � 'N'. tit co OD 12-4-1919 4 tig2't' m— - yo A �' a' N a' 11111111111 111111111111111 III 1111111 III 11111 liii liii 1-5-1892 6-25-1889 3646534 09/02/2009 03:45P Weld County, CO 8 of 9 R 0.00 0 0.00 Steve Moreno Clerk & Recorder N 12-4-1919 12-4-1919 1-21-1913 12-4-1919 G) I 11111111111 IOU Intl 11111 1111111 III 11111 IIII IIII 3646534 09/02/2009 03:45P Weld County, CO 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder /oo/&27 �7 INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY, CO 80632 Date 7.21- 0 5 970-356-4000, EXT. 3750 N y `t FY Iv 'd ��'ar`j -"riff` o f6 a1 �r.EF � 1}} -ru, �-F _{ N.1 r$ '. . ... ..: r .. — �� ry.i <.. Tl . - 0. $rr`,...� .'s-tv_ 7 t:, e „ - ...... j } , -.if -( Applicant / Owner ^r., 7g. Email Address TETRO - CA '4 A DA► ESOuMCE5 Street Address GIq'i 1Bic StR.err, 5t.‘trr (000 City DENVER, State Go Lo . Zip 8 Co Zo Z Phone Number 343 - Mct7- 2YoO Fax Number Case # Subdivision / Case Name Lot(s) Block(s) Section Township Range Area In Acres Existing Zoning Existing Use of Property # of Proposed Lots ,-u mn:�,nx.,p,m,.m-,.-...r QTY ,a•,n-,..,..r. t.u...,..:_...:..;.;.. o,-,-..,. ..,..:.... .-...,._....-....�..... ...,.. _ _.._..._.... .. _._ _. DESCRIPTION UNIT PRICE TOTAL Development Construction Permit (Subdivisions) 0 Dwelling units ❑ Non -Dwelling Units $150 / lot $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 loo ono i Fabrication and Installation of Cross Road Signs (Blue & white) $150 60 !co ... ........... TOTAL DUE Za422. Reviewed by: Title: o Cash By Date o Check # ❑ Money Order # Date: M. \PLANNING - DEVELOPMENT REVIEMABackup or INVOICE --PLANNING (28-Jul-2006).wbk Accela Automation: ShowPayDetai140 - T8108 -D Page 1 of Weld County Public Works Department IIIIIDc. COLORADO 1111 H Street Mailing Address: Greeley, CO 80632 P.O. Box 758 Phone: (970) 356-4000 x3750 Greeley, Colorado 80632 or (970) 304-6496 FAX: (970) 304-6497 RECEIPT Application/Permit Number: NP09-00092 Application/Permit Type: Miscellaneous/NA Applicant Name: Petro Canada Resources (USA) Inc. Applicant Address: 999 18 Street Suite 600 Denver, CO 80202 Receipt Number: 53177 Payment Method: Check Reference Number: 55592 Amount Paid: $250.00 Payment Date/Time: 08/11/09 09:08:50 Cashier: Marj Caudill Comments: Non -Exclusive Lic. Agr. $100.00; Blue & White sign fee $150.00 PETR A A RESOURCES(USA) INC. WELLS FARGO RBANK GRAND JUNCTION ..' e248Z CHECK N s2 Q & ran na'on COIOra40 „� OPER TIR: CCOUNT ,SCE i, t 4, 9991 th Street, Suite 600 • (} > .Dinv Ctolorado 80202 pd G h C' J� / , :(303h297-2300 Sit C• 'S. f7 R PAY EXACTL'C TWO IDR13D FIFTY DOL dolsOQt PAf ENT OF PIANN EiEL �.0 Co 80.631 NO CENTS VENDOR ir) CHECK DATE -} PAAKKXACTLY 88 Jul -23.2009 'v $250.00 AUT GNATURE a +-• r dui? lion -7aS/Fcoat ac a• r f a '_ a a�GI a a a L Q9a, ` m r a9 Hello