HomeMy WebLinkAbout20022284.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF PORTIONS OF WELD COUNTY ROADS 104 AND 13 AND
AUTHORIZE CHAIR TO SIGN - KENNETH DIXON/STEPHEN AND LANA CARSON
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 portions of Weld County Roads 104 and 13, 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 Kenneth Dixon and Stephen and
Lana Carson, 4745 East County Road 54, Fort Collins, Colorado 80524, 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 portions of Weld County Roads 104 and 13, 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 Kenneth Dixon and Stephen and Lana Carson, 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 21st day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4: M\fstit:ATTEST: ILI, ' Glen
Weld County Clerk to th §p:ttn
psv, r
4-p • r, VI _y 1 David E. ong, Pro- em
BY: ./i O.
Deputy Clerk to the Bo"'n, \ � �+
���� M. J. Geile
9146V ED AST M: iC . 7/ 1
illiam H. Jer e
ounty'Attorne) . (�11x�1i ,
9/5
Robert D. Masden
Date of signature:
m: ,4ppI, r 2002-2284
EG0046
349
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 31St day of
July, 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 Kenneth L.Dixon, Stephen L. Carson,and Lana Carson,as Second Party
whose address is 4745 E. CR 54, Fort Collins, CO 80524.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access the property located at the N2,
S2, SW4, Section 18, T9N, R67W, 6t° PM (WCR 104 and WCR 13, RE-3344) in Weld County,
Colorado, and
WHEREAS, First Party is the owner of the both rights-of-way known as:
1. WCR 104 for a distance of one-half mile east of WCR 13 (60 feet of right-of-way
between Sections 18 and 19, T9N, R67W)
2. WCR 13, 1/4 mile north of WCR 104 located(30 feet right-of-way on the east side
of WCR 13)
both are located 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.
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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.
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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.
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UL-23-002 TUE 01 :14 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 6
I.
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELL)COUNTY,COLOR ' 'of , y�l�o r ,. he BOARD OF COUNTY COMMISSIONERS
OF WE 0 .• �1� � x
�l TTEST:
Clerk to the Boar 11861 4 4o gsvfly
By: . �,r�•. °. � �i�y:
Deputy Clerk to the Bo '` . 1 \ � ' Glenn Vaad , Chair
(08/21/2002)
SECOND P RTY:
Stephen L. Carson
Lana K. Carson
•
By:.
Kenneth 11. Dixon
_
Title)Celt 141 U—
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SUBSCRIBED AND SWOgN to before me this-clay o ,20
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WITNESS my ' .d an. . icial seal
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MEMORANDUM
trii‘c ‘ liel‘p TO: Clerk to the Boardres
DATE: August 13, 2002
FROM: Frank B. Hempen, Jr.
ODirector of Public Works/County Engineer
• SUBJECT: Agenda Item
COLORADO
Please submit the enclosed item for the Board's next agenda.
Non-Exclusive License Agreement with Kenneth L. Dixon, Stephen L. Carson, and
Lana Carson.
The appropriate documentation is attached.
Enclosures
pc: Don Carroll, Engineering Administrator
M:\W PFILES\Francie\AGENDA-6.IRC.wpd
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