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Home My WebLink About20022591.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 81 AND AUTHORIZE CHAIR TO SIGN - RANDE AND CHERI NEWHARD 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 Upgrade and Maintenance of a portion of Weld County Road 81, 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 Rande and Cheri Newhard, 40120 Weld County Road 74, Briggsdale, Colorado 80611, 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 Upgrade and Maintenance of a portion of Weld County Road 81, 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 Rande and Cheri Newhard, 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 23rd day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: MO '/' LEL`` Glenn Vaad, Chair Weld County Clerk to the +ar �„�� E,R61 ciiv XCUSED DATE OF SIGNING (AYE) ►avid E. Lo , Pro-Tem BY: Deputy Clerk to the Bo •zt (7 r?z_ w . J. eile APPD AS Td'F M: EXCUSED DATE OF SIGNING (AYE) dliam H. Je ke cil County Attorn�y � f � Robert D. asden /0/Date of signature: 2002-2591 cc: Pig NeGL'Aar0' EG0046 • 3i NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into thisin day of S141mk2r , 2002,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 Rande and Cheri Newhard, as Second Party whose address is 40120 WCR 74, Briggsdale, Colorado 80611. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at(RE-3343) part of the west % of the northwest 1/4, north %2, southwest 1/4 of Section 2, Township 6 North, Range 62 West in the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 81 for a distance of 3/4 of a mile south of WCR 74 and located as follows: 60 feet of right-of-way between Sections 2 and 3,Township 6 North,Range 62 West,6`h 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. 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: AIM 11111111111111111111111111111111III HMI till 2993371 10/04/2002 11:53A Weld County, CO 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto ,?ex),z-as9� 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. 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. IIIIII IIIII 1111111 MI MI 11111 11111 III 11111 IIII IIII 2993371 10/04/2002 11:53A Weld County, CO 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 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. M:\WPFILES\AGREEMN"I Non-exclusive\newhard-agr.wpd 1111111 11111 1111111111 IIII 1111111 111111 IIIII Milli 2993371 10/04/2002 11:53A Weld County, CO 3 of 4 R 0.00 O 0.00 J.A. "Sulu" Tsukamoto EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY:. WELD COUNTY, COLORAD ough the BOARD OF COUNTY COMMISSIONERS OF WEL CO T , ��•`'�� , �� ATTEST: Clerk tote o d 1B61 �j;"T 12.6.,g9 Deputy Clerk �� ' F Glenn Vaad , Chair (09/23/2002) SECOND PARTY: Title: SUBS RIBFD A.AD SWORN to before me this of(in day of , 20 O , By ante 0 Q rOt-) WITNESS my hand and official seal Notary Public My commission expires: glocciocc m:\wpfiles\agreemnt\non-exclusive\nonexclusive-form.agr.wpd updated 11/2001 JAN/E. — : .o rn.0 O �Cib p, C©5VRAD`0 11111111H 1111111 III 11/1111111 lilt III 11111 ill 1111 2993371 10/04/2002 11:53A Wetd County, CO 4 of 4 R 0.00 D 0.00 J.A. "Sold" Tsukamoto : MEMORANDUMcrr, ?u n ?5 ‘70 TO: Clerk to the Board C DATE: Sept. 17, 2002 FROM: Frank B. Hempen, Jr., • Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way on WCR 81 with Rande and Cheri Newhard The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator M:\W PFILES\Francic\AGEN DA.M EM 2002-2591 C.J. Newhard 40120 WCR 74 Briggsdale, CO 80611 Weld County, 9-9-02 To comply with our nonexclusive right of way agreement we have contacted the following land owners for the notification that the property known as 40120 WCR 74 , Briggsdale, CO. ,will be using county road 81 as the legal access for this property. Sincerely, C.J. Newhard Gary Parker Fred Will Dennis Kyne 4719 W. 5th St 34914 WCR 79 40030 WCR74 Greeley, CO 80634 Briggsdale,CO 80611 Briggsdale,CO 80611 11 le-"" 020O.2- 591 i 34 35 36 1.41 ca 74 ry �� A3 ,) n i 10 11 12 W u • 2 15 14 Road File# - �- RE: . -- 1.. Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: \3k o2 1111 H Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)11304-64,97 • c C (9 Q 3oZ- �or�(a .k0 1. Applicant Name tt.4C -,. 1\Ltu�h.A. a Phone(9 1O3 ( -37-2( l"jr.,*-,-- Address LID I Zo L..)C. - -144 City-7mc ns c ^s . State C.Z Zip 4'SOIe L l 2. Address or location of access z40 tZo J,JC.L 'La ` - �S—e— Section 4Township Lo I4 Range aj Subdivision R.tr"-...s.. Block {\cr..e._ Lot Weld County Road 2-_,2g Side of Road Distance from nearest intersection q o' jaevn. tzeft_ g( 3. Is there an existing access to the property? Yes /`+ No #of accesses c _ 4. Proposed Use: O. Permanent , Residential/Agricultural • p Industrial O Temporary O Subdivision •.0 Commercial . O Other i*.********.M*****************************.*****#********1+ .4*** *+F************iM***************.*********** 5. Site Sketch ' p4 :1 A Legend for Access Description: i4~= AG = Agricultural `, RES = Residential IMPS O&G = Oil&Gas D.R. = Ditch Road ff2 .-..- Qroi?444`1. ir.I:'i p,XcmQ+id1 ., • OFFICE USE ONLY: ,,- Date '''' - Accidents Date Road ADT =ta- Road ADT Date Accidents Date Drainage Requirement Culvert Size _ Length Special Conditions • O Installation authorized O Information Insufficient Reviewed By: • Title: • .•1' 8' . Hello