HomeMy WebLinkAbout20022704.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 14 AND AUTHORIZE
CHAIR TO SIGN - STEVE PASTELAK
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 a portion of Weld County Road 14, 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 Steve Pastelak, 28425 State Highway 52,
Kennesburg, Colorado 80643, 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 a portion of Weld County Road 14, 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 Steve Pastelak 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 7th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
._1
ATTEST:LP
p.� Vaad, Chair
Weld County Clerk to B:.. ( 1/4?
�= _71 RIA; V
c� I Davi. . L7 Pro-TemBY:
Deputy Clerk to the Boat.`
. J. G-ile
AP V AST •
William H. Jerke
ty Attorney— EXCUSED DATE OF SIGNING (AYE)
/Q/9 Robert D. Masden
Date of signature:
co ' P io !WI
20E -2704
423
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisc V day of,C"O4,,, 1w-
, 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 Steve M.Pastelak,as Second Party whose address is 28425 State Highway 52,Keenesburg,Colorado
80643.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at (AmRE-3359 and
AmRE-830) part of the northwest 1/4 of Section 2, Township 1 North, Range 66 West in the 6`h P.M. in Weld
County, Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR 14 for a distance of'/2 mile from
the end of the maintained County road to the north/south section line and located as follows: 60 feet of right-of-
way between Section 2 Township 1 North,Range 64 West and Section 35, Township 2 North, Range 64 West,
6th 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:
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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.
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
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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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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:.
WELD COUNTY, COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS
OF WELD CO TY, CODO
ATTEST:
Clerk to the B and � `` a�`
�Vc Ir
Glenn Vaad Chair
Deputy Clerk ;M ''. ^4 41 (10/07/2002)
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SECOND PARTY:
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By:
Title:
SUBSCRIBED AND SWORN to before me this 24L" day of 'ccn(Et2 , 20O2-,
By ' fl it 1-311,ST ELF;
WITNESS my hand and official seal
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KLAu
Notary Public O.r's®TARY.Vp
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My commission expires: My Commis don Expires 01/31/2n06 rtdx..t.. Pus L%G 'Os
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MEMORANDUMREirm-
TO: Clerk to the Board DATE:
Oct. 3, 20'02 Will FROM: Frank B. Hempen, Jr.,
Co Director of Public Works/County Engineer
COLORADO
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld
County Right-of-Way with Steve M. Pastelak
The appropriate documentation is attached.
Enclosures
pc: Don Carroll, Engineering Administrator
m:\wpFa.ES\Francie\AGENDA.MENI
2002-2704
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