HomeMy WebLinkAbout20062709 RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE AT NO CHARGE OF WELD COUNTY
WELL WATERIN KEOTA,COLORADOANDAUTHORIZECHAIRTO SIGN-CHARLES
LEE
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 License Agreement for Use at No Charge
of Weld County Well Water in Keota,Colorado between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Charles Lee, 51750 Weld
County Road 103, Grover, Colorado 80729, commencing upon full execution, 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 License Agreement for Use at No Charge of Weld County Well Water
in Keota, Colorado between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Charles Lee 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 27th day of September, A.D., 2006.
�� BOARD OF COUNTY COMMISSIONERS
ELD C!] NTY, COLORADO
ATTEST: 44/ +47''
*J R R . eile, Chair
Weld unty Clerk to the B•. dk
�1 t a
v,. '.' J /+�avi• E. Long, Pro-Tem
BY:
Dep Clerk t the Board • 1
Wi�#OX
ia rl. J e \LQ
APP DAST • � ��
Rob rt D. Mas en
minty Attorney all( 15
Glenn Vaad
Date of signature: (C.i l4'
2006-2709
BC0036
C O: L t C l o-j1) , FIL ,C 4- /o-,23-a6,
1j
LICENSE AGREEMENT FOR USE AT NO CHARGE OF WELD COUNTY WELL WATER
IN KEOTA COLORADO
THIS AGREEMENT is made this„29 day of , 2006, by and between
the County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as "County,"and Charles Lee, whose address is 51750
WCR 103, Grover, Colorado 80729, hereinafter referred to as "Mr. Lee."
WITNESSETH:
WHEREAS, County is the owner of a well in Keota that is maintained for the use of the
county building and grading operations, and
WHEREAS, Mr. Lee as the grader operator in Keota has had use of the well water as part
of his agreement to live in Keota and work for the county, and
WHEREAS, Mr. Lee wishes to move to his property in Keota from the County building
site and still be able to use the County well water at no charge, and
WHEREAS, County has no objection to the installation and maintenance of a water tap in
the County water line that runs across Mr. Lee's property, and
WHEREAS, Mr Lee will be responsible for all cost associated with the installation and
maintenance of said water tap, and
WHEREAS, Mr. Lee shall have use of the County water until Mr. Lee no longer works
for the County.
NOW, THEREFORE, County and Mr. Lee agree as follows:
1. LICENSE TO INSTALL AND MAINTAIN A WATER TAP AND USE
COUNTY WATER AT NO CHARGE: County hereby grants to Mr. LEE a revocable license to
install and maintain a water tap and use County water at no charge at Parcel # 046734003005
with a Legal Description of L7-12 & E2N2 BLK 10 15`ADD TO KEOTO so long as Mr. Lee
works for Weld County. Mr. Lee's continued employment with Weld County is wholly
independent of this agreement. The County does not guarantee either the quantity or quality of
the water. Mr. Lee's use of the water is at his own risk and Mr. Lee agrees to hold the County
harmless for any deficiency in the water
2. RESPONSIBILITIES OF MR. LEE: Mr. Lee shall install and maintain said water
tap at his sole expense. When Mr. Lee no longer works for the County he may purchase water
from the County at a reasonable rate, if available, or drill a well if this is available to him. Mr.
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0/u -agcy
Lee's ability to purchase water from the County shall be at the sole discretion of the County. Mr.
Lee shall be responsible at his sole expense for any and all testing of the water to ensure the
quality and fitness for human consumption of the water. Mr. Lee agrees to hold the County
harmless and indemnify the County from any and all health or other related problems associated
from the consumption of the water by him, any household members, guests, or any other third
party.
3. SEVERABILITY: If any term or condition of this License Agreement shall be
held to be invalid, illegal, or unenforceable, this License Agreement shall be construed and
enforced without such provision to the extent that this License Agreement is then capable of
execution within the original intent of the parties hereto.
4. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly
understood and agreed that the enforcement of the terms and conditions of this License
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing contained in this License Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this 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 License Agreement shall be an incidental
beneficiary only.
5. ENTIRE LICENSE AGREEMENT/NON-ASSIGNMENT: 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, or its
agents or employees, hereto. This 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. Mr. Lee shall not assign any or all of his rights
under this License Agreement.
6. NO WAIVER OF IMMUNITY: No portion of this License Agreement shall be
deemed to constitute a waiver of any immunities the parties may possess, nor shall any portion of
this 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 License Agreement. The parties hereto
acknowledge and agree that no part of this License Agreement is intended to circumvent or
replace such immunities.
ISO VIII VIII lilt VIII IIIIII III III IIII IIII
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•
a IN WITNESS WHEREOF the parties hereto have signed this License Agreement this
0??—day of p7 mhr r , 2006..
ATTEST: � ) e/,4a COUNTY OF WELD, COLORADO
jytalt� �•
Dep Clerk ' the Board `lest ft%Mj )4eiiairman
.l' I Board of County Commissioners of
e, the County of Weld SEP 2 7 2006
Z
Charles Lee
SUBSCRIBED AND SWORN to befo = q�T s .; --day of 06.
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WITNESS my hand and official se /
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