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Home My WebLink About20020643.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF AN ALLEY WAY AND AUTHORIZE CHAIR TO SIGN - ELIZABETH J. SCHOLTEN, CLIFFORD K. WATTS AND JULIE N. WATTS 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 an alley way located between Dunmire Avenue and Johnson Avenue adjacent to the Lots 4, 5, 6, 7, 8, 9, and 10, Block B, Evans Addition, Evanston, Colorado, 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 Elizabeth J. Scholten, Clifford K. Watts and Julie N. Watts, 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 an alley way located between Dunmire Avenue and Johnson Avenue adjacent to the Lots 4, 5, 6, 7, 8, 9, and 10, Block B, Evans Addition, Evanston, Colorado, 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 Elizabeth J. Scholten, Clifford K. Watts and Julie N. Watts be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2002-0643 EG0046 ,. Pty, NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY/CO ORADO ATTEST: ateil . ' -tA-4 4-- I n aad, Chi-. Weld County Clerk to the`•': • j$xO :•-- , , r. PPP' a, 0/� 'David E. L , Pro-Tern BY: � ♦ Deputy Clerk to the Board e. M. J. Geile APPROV D AS tar: : ' Funty V illi5 m H. Jer1e A orney I 4a ��/1 Robert D. Masden Date of signature: 3(a1 2002-0643 EG0046 sso NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY fi ( THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 25 day of , 200i, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 10th Street, Greeley, Colorado, 80631, as First Party, and Elizabeth J. Scholten, Clifford K. Watts, and Julie N. Watts, as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Lots 4, 5, 6, 7, 8, 9, 10, Block B, Evans Addition Evanston in Weld County, Colorado, and WHEREAS, First Party purportedly is the owner of the right-of-way known as 25 feet of alley way, and it is located between Dunmire Avenue and Johnson Avenue adjacent to the Lots 4, 5, 6, 7, 8, 9, 10, Block B. The alley improvements will consist of two inches of aggregate base course 20 feet wide 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. 1111111111111111111 IIII IIII 111111111111 III 11111 IIII IIII I 2935990 03/22/2002 04:35P JA Suki Tsukamoto 1 of 6 R 0.00 D 0.00 Weld County CO 4,60‘,2 L'6 9'3 • 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. Second Party shall design and construct the ROW such that it is adequate for Second Party's needs. 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. 111111 1111111 1111111 IIIII III IIIII IIII IIII 2935990 03/22/2002 04:35P JA SukiTsukamoto 2 of 6 R 0.00 D 0.00 Weld County CO • 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. First Party makes no guarantee or warranty as to the existence of ROW or,assuming it does exist, as to whether or not ROW is reserved or dedicated for public use by First Party. 12. Second Party agrees to contact all landowners owning land adjacent to ROW in order to mitigate the potential impacts the road design, upgrade, and maintenance of ROW may have on such adjacent lands. 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. 1111111 11111 1111111 1111 III' 1111111 11111 III 11111 IIII Illl 2935990 03/22/2002 04:35P JA Suki Tsukamoto 3 of 6 R 0.00 D 0.00 Weld County CO —. 00 , EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLO° �. 1the BOARD OF COUNTY COMMISSIONERS OF WELD U P , • i A µ~ Clerk to the Bo (1861 l �i; ,49 By: G �_ By: ,ifeatc..t........i...44q Deputy Clerk i�U N IT.Glenn Vaad Chair �� (03/18/2002) SEC ND PARTY: Ith a,hr By: r Gtc/ )/ 1a 7W J Title: fiE'-e/' SUT3SCRJBED AND SWORN to before me this A-O day of 4,1(4 ,20 CA, By gAilcIl k vA . S4.htxtt t'L) 0Ck k . Lc s CI RAv k\kitdS s WITNESS y hand and official seal U 1 v� �jT q�uA 5C1L� ;Oct9 . \\�� Notary Public • My commission expires: -VA q/ar„5 • )' nowpmcsuismomtiown-oxciusiveVwnezNuswedam:ayr.wpd .,,T<,-T�,.arbu OQ,P updated 11/2001 Os cO\- My C,.;..missial Expires 74 y4GO.< 1111111111111111111Id III!111111111111 III III!!III!III! 2935990 03/22/2002 04:35P JA Suki Tsukamoto 4 of 6 9 0.00 D 0.00 Weld County CO Chair of the WELD CO TY BO COMMISSIONERS Glenn Vaad (03/18/2002) / AY-4/4 X?471— Eliza ath J. Scholten Date get — //ACC-CZ. C1i ord K. Watt5 Date e 3/1/0..2_, Julie N. Watts /Date 111111111111 1111111 1111 IIII 1111111 11111 III VI11 IIII IIII 2935990 03/22/2002 04:35P JA Suki Tsukamoto 5 of 6 R 0.00 0 0.00 Weld County CO EXECUTED IN DUPLICATE the day and year first above written. STATE OF COLORADO) )ss COUNTY OF WELD ) The foregoing insment was acknowledged before me this 18 day of March i�P� u •...e'•. Glenn Vaad ,as Chair of the WELD COUNTY HOARD OF COMMISSIO O '• 1 DONNA J. 1 BECHLER My commission expires: WTINESS •fir ' ........ I I I2SS my hann and official seal. F J�LfTi l • W •• n - No Public My Commission&phisAprilla2004 STATE OF COLORADO ) )ss COUNTY OF BOULDER) The foregoing instrument was acknowledged before me thisl.J/l t�day of '1111O- EVzNS My commission expires: L • WITNESS my hand and official seal. e ^ STATE OF COLORADO ) Notary� blic I t4 F OF COQ-t-� )ss COUNTY OF BOULDER) My G,nmisslon EsPitee%1*C 15— The foregoing instrument was acknowledged before me this I34tday of —It VLI 61 _• ••EVFH`slt i '1 ,S 1 yi k . (0-15 :v 7/LtFI26cc Tg9v:�Z11t y commission expires: { r/ it I • . WITNESS my hand and official scat rt 1 NA:•A 0Ugt. : O i �I�� ) j'/� Not Public I'x`OF COO_t STATE ELF COLORADO )ss MyCrimissionExpftes f%GOS COUNTY OF BOULDER) (� The foregoing insstr_uCmentrwaas_acknowledged before me this1J' ` day of ri My commission expires: 7 AC05 WITNESS my hand and official seal. u No ublic \° r COO P My G,:,;mission Expires 74912605-- M:\WPt7LLMAG tEEMN'1\Non-exclusivcbchulten•wnlr.agr.wpd 1111111111111111111111111111111111111111111111111111111 2935990 03/22/2002 04:35P JA Suki Tsukamoto 6 of 6 R 0.00 D 0.00 Weld County CO Ott , ' I { la r • � �' • fit, nita u='.' v �k*F �' lye �: • ,-,, ,,ft*,-...,,,,,, . ;'a �' .E 1z f .,ad Ms 4,'t 11 Fr aY ItAir J, 71 +- k .ss r � ``'< �f � 'A -<: e Y15 •rY1 C i * < ,1 A # r v Th i 9C; �.'“ C7 GPI , . .a•, t7=,,,, /"..,t..,fiz+s i ,s 4V-e,1834 4 _ u � ? ape +a r / ,a t i F r a'- s � `fi J�itt,s7a . ...1 1" ., Ana' — . .:- '!` 4,1/4.1%fi 4' x9 v_, 4'- ~,L:131,4i „i, wa x. L - -, MEMORANDUM TO: Clerk to the Board DATE: March 13, 2002 FROM: Frank B. Hempen, Jr. C Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item Please place the following item on the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County right-of-way with Scholten and Watts for Alley Way Improvement Evans Additional Evanston. The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator • M:\WPFILESTrancie\AGENDA-4.IRC.wpd 2002-0643 Hello