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Home My WebLink About20073296.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 15 AND AUTHORIZE CHAIR TO SIGN 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 15 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 Robert Bisetti, Danielle Cobaugh, and Lisette Bisetti-Ruiz, 116 East Oak Street, Fort Collins, Colorado 80524, 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 15 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 Robert Bisetti, Danielle Cobaugh, and Lisette Bisetti-Ruiz 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 22nd day of October, A.D., 2007. RD OF COUNTY COMMISSIONERS to L! COL TYCOL RADO fl ATTEST: ut, S' David E. Long, Chair Weld County Clerk to the'BoArb _ • ' ", /1 / ?- � , ,,� ,Irk -Tem `��'' /77! �jCC// De u Cler o the Boar a F. Garcia APPROVE AS ,O Robert D. Masden ounl Attorney Douglai Rademach r Date of signature: i & /t 6 2007-3296 EG0056 cc,' PA) //- 072- 0 7 ritLe" MEMORANDUM wilDe, TO: Clerk to the Board DATE: October 18, 2007 • FROM: Donald Carroll, Engineering Administrator 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 Robert S. Bisetti, Danielle R Cobaugh, and Lisetter Bisetti-Ruiz. The appropriate documentation is attached. Enclosures pc: Chris Gathman, Planning Services RE-4067 M:\Francie\AgendaDonald nonex.doc R fylP ?S :3 d 81 130 l001. AINP0J 0-ll t 2007-3296 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND 1j MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made.and entered into this day of Ocfr, 20C , 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 80631, as First Party, and Robert S.Bisetti, Danielle R. Cobaugh, and Lisetta R'Bisetti-Ruiz, as Second Party whose address is 116 E. Oak Street, Fort Collins, Colorado 80524. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at the South 1/s,NE'A(RE- 4067), Parcel #045331100021 of Section 31, Township 9 North, Range 67 West of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is owner of the right-of-way known as WCR 15 for a distance of''A mile South of WCR 100 and located as follows: 60 feet of right-of-way between Sections 31 and 32,then only 30 feet of right-of-way the next''A mile of Section 31, Township 9,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 thereaftermaintain 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 lierein 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 it 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 reasonabl] prescribed by First Party, which manner shall include,but not be limited to, the following: 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 b: First Party to ensure adequacy of capacity, strength, and length. Second Party shall h responsible to maintain the culvert after its installation,including periodically cleaning the same 111111111111 11111111111 11111111111111 III 11111 IIII IIII - 1 3517131 11/13/2007 04:55P Weld County, CO 1 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder &oo7-3a9‘ c. If the installation of a cattle guard is required, Second Party shall be responsible to supply z install such cattle guard,which shall meet County standards. Second Party shall be respond 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 priv use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall, through the services o licensed registered surveyor hired and paid for by Second Party,mark the location of the exter boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party,including those items set forth in ParagrE 1.,above,or any other requirements stated by First Party,shall be at its own expense and without the or use of Weld County funds. Second Party shall be responsible for snow removal from ROW 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, successors,assigns,employees,and agents from any damage or loss sustained by them or any of then the extent caused by Second Party's negligence with respect to the upgrade and maintenance of ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hole harmless from any and all third party claims and damages that said upgrade and maintenance n directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Pa hereby releases First Party, its successors, assigns, employees, and agents from any and all claims z damages of whatsoever character to property owned by Second Party resulting from any act,either on part of the First Party or on the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement with first obtaining written consent to such assignment from First Party, which consent shall not unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subj matter of this instrument other than expressly set forth herein, and no oral representation, promise. consideration different from the terms herein contained shall be binding on either party hereto, or agents or employees. This Nonexclusive License Agreement embodies all agreements between parties hereto and there are no promises,terms,conditions,or obligations referring to the subject mat whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of t Nonexclusive License Agreement, or the application of such terms or provisions, to a person circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, every other term and provision of this Nonexclusive License Agreement shall be deemed valid enforceable to the extent permitted by law. 11111111111111111111111111111 IIII 111111 III 11111 IIII IIII 3517131 11/13/2007 04:55P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 2 - 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of t immunities the parties or their officers or employees may possess, nor shall any portion of t Nonexclusive License Agreement be deemed to have created a duty of care which did not previou 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 t Nonexclusive License Agreement,and all rights of action relating to such enforcement, shall be stric reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give allow any claim or right of action whatsoever by any other person not included in this Nonexclus License Agreement. It is the express intention of the undersigned parties that any entity other than undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads sil identifying the section line road intersection for the use of addressing and emergency response. The b and white signs identify a non-maintained County right-of-way. Distance and location from the near maintained County road may require additional information signs. If existing signs are in place,the may be waived. 111111 BIM IIIIIJIII111111111Jill 3517131 11/13/2007 04:55P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 3 - It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms ai conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 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 4 -_- ATTEST: ''""*:A [ : <: `�. Clerk to the Board / `'7,1 °1 By: far) rk ' ' -X1(7. OCT 2 2007 SECOND PARTY: ROBE c S. RISE )'I DANI LLE . OBAUGH SETTE R. ueI -RUIZ POA By: r l By: By. """c12- SUBSCRIBED AND SWORN to before me this /O day of S , 2005, B Cum HCY WITNESS my hand and official aft I•+OTAR y. : \JS r • • c2.i4otary Public My commission expires: 6 -/7� M:AWPPILESVACREEMNT\Non-exclusiveAI3isetti-Cobaugh-Bisetti-Ruiz.doc 11111111111111111111111111111IIII111111III11111IIII ID 3517131 11/13/2007 04:55P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 4 - 0?007- 3A 9 102 r � I. •7 Ai tV' �F Y ' R ,—A r' 1 'n •7 :3• T L fi ^• h m r ! 100 IA pa*� .L •_ 1 ° 7 .9"�, ` ," p; 1}x4 1.Q '.. !y + ¢] }m bra �nv.', " Sr& "4'T ! 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' : •'i.V.' dlifilin 11111111111111111111111111111 Iiii 111111 III 11111 iiv iii - 3517131 11/13/2007 04:55P Weld County, CO rr 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - l S 1.10 Q• .I4-0r-pr-_.,,.,mac„ Case # RE 40( f Name Bis E1rr Jconuc4 WCR Location 315 £rr I - Ru `Z-- lS/ loo NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL "Mix Co. 4- s -05 Documentation of Proof of Right-of-Way (CIS Dopt.) or document of an easement shall be provided to the Department of Public Works. 7-)`7'° '`" One (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. `I 5.-°S An 8 1/2 inch by 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. The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. °5. The applicant shall complete a Weld County Road Access Information sheet. 1-25 or $150.00 fee for the fabrication and installation of blue and white cross- road sign. • The above information shall be submitted to Weld County Department (•)c, of Public Works. /��.c �, ' .1L . Send to Clerk to the Board for hearing date : —'Wet? c p0""`"1 • M:\WPFILES\D0N-C\Subcklist.doc WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 CREFLEY,CO 80632 970-356-4000,EXT.3750 A/Pa '2- o1iJ INVOICI Number: jN WELD COUNTY PUBLIC WORKS DEPT. Date: 4-5-2005 v G� ^ P.O.BOX 758 ,,,I(((///j'��jjJlu GREELEY,CO 80632 970-356-4000,EXT.3750 To: Robert S.Bisetti,Danielle R. Cobaugh,and Lisetta R.Bisetti-Ruiz 116 E. Oak Street Ft. Collins, CO 80524 QTY DESCRIPTION UNIT PRICE TOTAL 1 Fabrication and Installation of $150.00 $150.00 Cross Road Sign(blue& white) SUBTOTAL TOTAL DUE $150.00 , Ii 82-26/1070 2352 BISETTIS HOLDINGS, INC. 01600000610 ppp 116 E OAK ST. 970-472-4214 4 _ )k s--- tII FORT COLLINS, CO 80524 ��yyy��///qqq />�DA/T//E�CCCCYYYY�[�/ !@/J[, 2 PAY TO THE k g let 0004 --� I $/sV ice. i, ORDER OFF�� ,f 4J* j� CAL �,�4%BQ( �"44%v DOLLARS ; Date0 First National Bank I se ova ms wear OM STREET PO BOX 67B ous+e.m emaxae7e /y MEMO `. Id Iryi/S i _ • / M I: 107000 26 21: 0 16000006 i 0 2 3 5 2 Hello