HomeMy WebLinkAbout20052089.tiff RESOLUTION
RE: APPROVE CORRECTED AMENDED NONEXCLUSIVE LICENSE AGREEMENT FOR
THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROADS 15 AND 96 AND
AUTHORIZE CHAIR TO SIGN - FORREST AND KRISTIE MCMICHAEL
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 an Corrected Amended Nonexclusive
License Agreement for the Upgrade and Maintenance of Weld County Roads 15 and 96 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 Forrest and Kristie McMichael,6601 Weld
County Road 96, P.O. Box 1255,Wellington, Colorado 80549,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 Corrected Amended Nonexclusive License Agreement for the Upgrade
and Maintenance of Weld County Roads 15 and 96 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 Forrest and Kristie McMichael 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 20th day of July, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
La WELD COUNTY, COLORADO
ATTEST: fa 4" rr, , XCUSED
� �� � �,
1861 I( =iOiv illiam H. •/rke, Chair
Weld County Clerk to the
,i M. ! eile, P o-Tem
BY:
Deputy Clerk : the Board a C e ct
David E. Long /iAPPROVE AS TO FORM•-- EXCUSED
/ Robert D. Masde
ounty ney yaw
/I
Glenn Vaad \
Date of signature: d - D5
2005-2089
CC MA) r Pt_ EG0052
623
CORRECTED AMENDED - NONEXCLUSIVE LICENSE AGREEMENT FOR
THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 070 day
of 2005, by and between WELD COUNTY, COLORADO, by and through
the Boar f County Commissioners of Weld County, Colorado, whose address is 915 Tenth
Street, Greeley, Colorado 80631, as First Party, and Forrest R. McMichael and Kristie A.
McMichael, as Second Party whose address is 6601 WCR 96, P.O. Box 1255, Wellington, CO
80549.
WITNESSETH:
WHEREAS, Second Party has previously entered into a Nonexclusive License Agreement
for the Upgrade and Maintenance of Weld County Right-of-Way dated November3, 2003,for an
area, which included both Lots A and B of RE-3640. An Amended Nonexclusive License
Agreement for the Upgrade and Maintenance of Weld County Right-of-Way Agreement was
approved by the parties on July 13, 2005 but the potential purchaser of Lot B of RE-3640
indicated that the intent to exclude Lot B from the scope of this agreement was inadequately
expressed so this language of the Amended Agreement is being corrected.
WHEREAS, The access to Lot B of RE-3640 is now being provided from WCR 96 and
therefore Lot B is not subject to this agreement as amended, and
WHEREAS, Second Party desires to more effectively access property located in the east
1/2 of the Southeast 1/4, Section 6, Township 8 North, Range 67 West of the 6th P.M. in Weld
County, Colorado known as Lot A of RE-3640, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 15 for a distance
of 1/2 mile north of WCR 96 and located as follows: 30 feet of right-of-way on the east side of
Section 6, Township 8 North, Range 67 West of the 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 to Lot A of RE-3640.
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
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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:
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
service 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.
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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 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 WEL CO T ,
.� } ♦ ATTEST: 7
Clerk to e ar:
By: n1/49
Deputy CI\r- M. J. Geile, Chair JUL 2 0 2005�
�; a k '4 Pro—Tern
SECOND PARTY:
FORREST R. McMICHAEL KRISTIE A. McMICHAEL
BY: J Iral_t•e a f\ ! 4,,AaQ " \
SUBSC IBED AND to ore me this /9a day of 62/.(/ , 20O
By /1ar�n i G
WITNESS my hand 44..offic aT se )
PUB!IC r'd'
My Cann, -inn Lr,es 03df3 CB Notary Public
My commission expires:
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