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Home My WebLink About20060497.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTYROAD 104 AND AUTHORIZE CHAIR TO SIGN - DARYL AND CYNTHIA BURKHART 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 Weld County Road 104 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 Daryl and Cynthia Burkhart, 1612 Hastings Drive, Fort Collins, Colorado 80526, 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 Weld County Road 104 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 Daryl and Cynthia Burkhart be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 15th day of February, A.D., 2006. BOARD OF C UNTY COMMISSIONERS AI� I . i. '� WELD CONY, COLORADO ATTEST: Li/ � / (ij ' ,xeYit e,--- 1161 - 4 . J. Geile, Chair Weld County Clerk to the o- • VA' / EXCUSED BY: I° l^ 1 CMG � ;��,.,� David E. Long, Pro-Tem V �V �L D tyClektotheBo-r. f/L.- 1 Willi 4 Jer e APPRO AS TO \\1/4,a__1 Robert D. Masd n ounty ttorney 'Si 1� $ Date of signature: 3113/AG Glenn Vaad 2006-0497 3 6ctett;,H. MEMORANDUM "lige TO: Clerk to the Board DATE: February 9, 2006 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Amended Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Daryl F. and Cynthia M. Burkhart. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Peter Schei, Sentior Engineer Donald Carroll, Engineering Administrator • M:\Francie\AgendaDonald nonex.doc ._ M: \Francie\AgendaDonald nonex. doc 2006-0497 • 002 AMENDED-NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 10`h day of November, 2005, 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 Daryl F. Burkhart and Cynthia M. Burkhart, as Second Party whose address is 1612 Hastings Drive, Fort Collins, Colorado 80526. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the south %2 of the SW 14 of Section 15, 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 WCR 104 for a distance of 2 miles east of WCR 17 and located as follows: 30 feet of right-of-way in Section 21 only, and 60 feet of right-of-way between Sections 15 and 22, Township 9 North, Range 67 West in the 6th 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. 111111111111111111111111111111111111111 II11111111111111 387002 05/10/2006 02:13P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder a%a9.o-re/92 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: 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. I Mill 11111 11111 11111 EMI 11111 III HIM It till 3387002 05/10/2006 02:13P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6. 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. 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 maybe waived. 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 1 1111 11111 111111 11111 11111 III 111111111 VIII 3387002 05/10/2006 02:13P Weld Count , CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY:1 J1 TT ATTEST: ` / Q � '[/� 'c +, OF COUNTY COMMISSIONERS / At COUNTY, COLORADO Wel County Clerk to tom',the Board t iii E / '� t/ f . By: ityV" Y,1 iclo Alt ' Deputy Clerk N. J. Geile Chair 2/15/2006 SECOND PARTY: CYNTH M. BURKHART DARYLF. BURKHART By: 2 hk✓r. BY D/ SUBSCRIBED AND SWORN to before me this ay fills0 , 20( By ti, 2/ J WITNESS my hand and official seal JENNIFER L. HANSEN Notary Public State of Colorado Notary Public My commission expires: My Commission Expues October 3, 2006 M:\W PF ILES W G REEMN11Non-exdus ive\Burkhart-agr.doc 1111111 11111 UMBER 11111111111 11111 III 11111 IIII III 3387002 05/10/2006 02:13P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 cr `r `t ,..1- - 't � nit�' '- - r ;^ 1 4 S E4 I --� F y y x 14 a .t ,, � ads d y �� a , ; F ! p r . i * may; ` k a 4 Svc � � a � � �iv eh � � i4:-,,, i '' �+d. o- AS � D N j ' 6 > i 3 sF. ri ao o t ;e 1 aq a @�'a� le„,, ri4.. �"' s .„"t` 3 , ' Ia , 2 P ! ` 4; tom: ANC il} t 1s L i —r0 li__O t (CtL' TP -: -.:s.. pi.CV a. _off t#:. � .i. . ! F M 1 ✓I r § .' % $w.: .M. t . ig fi. it 'tie. i. } j Y , .. ,..... It I lit ' - . ''''' i-;--,-,'ti,S, et'l.-*. : .4±`,'' ' - '1,,,, , I' - ,1 "4,,,...'- :,.'ft ... --t„.I) t 4 te en ', - ,--, it p r m L i 5 1 1 1 s€t ti ` ., > fir", s teF! .- y, 4 r >..". i r Bi t ` mi It v • 2if Aa >U j .3 I a �+A"4�� pt y� I' Pte, '4 , r sue. 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