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Home My WebLink About20050985.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MICHAEL MCCRERY 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 Weld County Road Right-of-Way, 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 Michael McCrery, 1719 East Mulberry, 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 the Upgrade and Maintenance of Weld County Road Right-of-Way,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 Michael McCrery 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 March, A.D., 2005. BOARD OF COUNTY COMMISSIONERS J �� /J WELD COUNTY, COLORADO ATTEST:�I� 4#/1i�/�et% J/rk - �,( William H. J rke, Chair nty Clerk to the Board M. . Pr Te o 361 : _(�.A!i �� s:: aw`� do, ep t-rk to the Board c, . Long - E ®l ° DAS :/ • Robert D. Mas en ounty Att ey p,u Glenn Vaa Date of signature: �`�,5-- 2005-0985 EG0052 (it (‘-' MEMORANDUM CTO: Clerk to the Board DATE: March 15, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Enginee SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Michael J. McCrery The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator M:\Francie\AgendaDonald.doc M: \Francie\AgendaDonald.doc 2005-0985 156 • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY St THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into th•is day of !q(f'h 2005,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 Michael J.McCrery, as Second Party whose address is 1719 E. Mulberry,Fort Collins, Colorado 80524. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the South '/,Northwest'/ of Section 15, Township 9 North, Range 67 West of the 6'h P.M. in Weld County,Colorado(RE-4038), and WHEREAS,First Party is the owner of the right-of-way known as WCR 19 for a distance of mile North to WCR 106(S.L.); thence West one mile to WCR 17 and located as follows: 30 feet of right-of-way in the South %2 of section 9 and the West'/of Section 15, no County right-of-way in the school section(16). 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: 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. IIIIII 11111 11111 MI lit' IIIIIIIIIIIIIII "IIIIIIIIIII 125 of� R 0.00/2D 0.00 3S Steve Moreno oClerk& Recorder 0,9°2)5-09 Ps • 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 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 relatine 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. There shall be a$150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. 11111111111111111 MI EMI 111111111111 III 11111 1111 111 3275786 04/08/2005 03:05P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder t • 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. Ly. EXECUTED IN DUPLICATE the day and year first above written. • • $T5$ ' .�t C 1 � , COLORADO, by/and through the BOARD OF COUNTY COMMISSIONERS OF WELD 1861 ('t /�'f�'!/Vr`^`y�(ard Br / ii By: De.utyClerk William H. Jerke, Chair 3/21/2005 SECOND PARTY: MICHAEL J.MCCRERY By: Wait Owner /roil/ SUB,SCRJBED s�g�RN to efore me this CZ day of�� 2iui" ,2005, By " V�� WITNESS my hand and official seal ; ,3• 57-7 11 ely/10 A/7 •'• : to Notary Notary Public I '• I •My commission expires:lI C.4:0s o7D0&; tt `%;;••:•LB\;`•�Qe, y 4T �. . 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