HomeMy WebLinkAbout20060530.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 21 AND AUTHORIZE CHAIR TO SIGN -
RICHARD BURD
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 21 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 Richard Burd,40022 Weld County Road 39,Ault,Colorado
80610, 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 21 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 Richard Burd 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 22nd day of February, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
1 /- 4 %WELD CO , COLORADO
ATTEST: A % �.._ ►��` ,
. J.cOe le, Chair
Weld County Clerk to the / ,.r , �� ch
BY:� ��U�' ' `4 �► �� ' David E. Long,'Pro-Tem
D uty C Irk to the Board -)-Th e
Willi H. Jar.
A-- DAST� � 9 �R
C/��n j Robe ,41 /d�r� ^ey Glenn Vaad
Date of signature:
3�lo kilo
2006-0530
EG0054 0 ; P, PL, 4P a ri✓ O6
MEMORANDUM
CTO: Clerk to the Board DATE: February 15, 2006
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-
Way with Richard Burd.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Peter Schei, Senior Engineer
Donald Carroll, Engineering Administrator
M:\Francie\AgendaDonald nonex.doc
M: \Francie\AgendaDonald nonex.doc
2006-0530
000
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this O ay
of Qi;,,Is , , 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 Richard Burd whose address is Hwy 14, Ault, CO,
80610, as Second Party.
WITNESSETH:
WHEREAS, on November 30, 1977, the Board of County Commissioners granted Joseph
B. Gould the authority to extend Weld County Road No. 21 between Weld County Road 84 and
Weld County Road 88 for the establishment of a private right-of-way to gain access to the land
owned by Joseph B. Gould and described as the Southeast Quarter (SE1/4) of Section Thirty-
four (34), Township Eight (8) North, Range Sixty-seven (67) West of the 6ih P.M. in Weld
County, Colorado.
WHEREAS, Second Party is the successor in interest with respect to the above-described
property.
WHEREAS, Second Party desires to more effectively access property located at the
Southeast Quarter (SEl/4) of Section Thirty-four (34), Township Eight (8) North, Range Sixty-
seven(67) West of the 6`h P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as Weld County Road
No. 21 between Weld County Road No. 84 and Weld County Road No. 88 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 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 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
1
1 111111 11111 VIII 111111 11111 111111 11111 III 111111111 IIII
3387000 05/10/2006 02:13P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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 maintenance of ROW by Second Party shall be done in such manner as
prescribed by First Party, which manner shall include, but not be limited to, the following:
ROW shall be constructed and maintained as a graded and drained all-
weather road.
a.. 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.
b.. 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.
c.. 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.
3. The 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. First Party shall not be responsible for snow
removal from ROW 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 arising by reason of Second Party's negligence with respect to
the 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
maintenance may directly or indirectly cause and hereby releases First Party, its successors,
assigns, employees, and agents from any and all claims and damages of whatsoever character to
2
111111 11111 11111 111111 11111 11111111111 III 1111111111III
3387000 05/10/2006 02:13P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
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. 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.
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.
EXECUTED IN DUPLICATE the day and year first above written.
3
1111111 11111 IIJII111111 11111111111 11111 III VIII IIII IIII
3387000 05/10/2006 02:13P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
`'''-` FIRST PARTY:
St� 11 h
:22,'[..,,
O d" `q, ?`.WELD COUNTY, COLORADO, by and
ism tf
az‘i; 'through the BOARD OF COUNTY
WO (COMMISSIONERS OF WELD COUNTY,
R ' COLORADO
ATTEST: Liki d'
Clerk to the Board nl
e
By: &it 1 •ar??Kii" it
D uty C rk to the ( and By ����
M. J. Geile, Chair
02/22/2006
SECOND PARTY:
—et" c----- _— —9.-------.....
By: %caul 10.1e.c.
Title:
SUBSCRIBED AND SWORN to before me this3ttday of ztuut 2005.
V ,
WITNESS my hand and official seal
-01t1\.•06 v. \l,.U.A
Notary Publi
My commission expires: ^^��
ANTHONY V. MELLO
NOTARY PUBLIC
d„ STATE OF COLORADO
My Commissinn r.,rnirns a of os
4, AIeMAPo Pst,Qp 1
" 1foo21_ ea 39 Auer co £v410
1111111111111111111111111111111111111111111111111111111
3387000 05/10/2006 02:13P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
4
re96.Cs3U
Hello