HomeMy WebLinkAbout20041917 RESOLUTION
RE: APPROVE FIRST AMENDMENT TO LICENSE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - LAST CHANCE DITCH COMPANY
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 the First Amendment to a License
Agreement, approved by the Board of County Commissioners on January 8, 2003, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Last Chance Ditch Company, with terms and conditions being as stated in said
amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,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 First Amendment to said License Agreement between the County of
Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,and
the Last Chance Ditch Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
E W D COUNTY, COLORADO
A
1861 I4 :,: Robert D. Masden, Chair
�th:ev. lerk to the Board
Nik
®UN William H. <e, Pro-Tem
eputy Clerk to the Board
M. . sile�
�/ C�D AS M: ( Ceti
Davi . Long
rney Ve
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Date of signature: O0/�V
2004-1917
BC0034
(t" c pV , PL Dot-07 -vtt
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS DDIS KAHN FAX 303-413-1003
JEFFREY J.KAHN vtiL L7 & 111
JOHN W.GADDIS Mailing address:
BRADLEY A.HALL A PROFESSIONAL CORPORATION POST OFFICE BOX 978
ATTORNEYS AND COUNSELORS
STEVEN P.JEFFERS LONGMONT,CO 80502-0978
WENDY SLEE RUDNIK Street address:
ANTON V.DWORAK SECOND FLOOR
ADELE L.REESTER 515 KIMBARK STREET
MADOLINE E.S.WALLACE
EVE I.CANFIELD
mwallace@blglaw.com
July 1, 2004 C I il v
D -
Bruce Barker, Esq. JUL 0 2 2004
Weld County Attorney
915 Tenth Street WEl :_:
P.O. Box 758 �r , •
Greeley, CO 80632 )�
Re: Agreement Between Last Chance Ditch Company and Weld County
Dear Bruce:
Please find enclosed two originals of the First Amendment to License Agreement between the
Last Chance Ditch Company and Weld County. The Amendment only changes paragraph 3.4,
which required Weld County to complete construction of the pedestrian bridge and the sidewalk
prior to January 1, 2004. Paragraph 3 of the First Amendment extends the deadline to complete
construction to January 1, 2006.
Please have the County sign both originals before a notary public and return both originals to me
for signature by the Ditch Company. Upon the Ditch Company's signature, I will send one
original to you and send the other original to the Weld County Clerk& Recorder's office. Please
call or e-mail with any questions.
est regar. .
BE ARD, YIN'., IS & HN,
a Pr fession.I C 1 ..ra i
By
Mado.'ne .S. .11ac�
MEW:bkh
Enclosure
cc: Harold Nelson, President, Last Ch. ce Dit Company
Kim Ogle, Planner, Weld County Planning
G:\CLIENTS1L1LASTMWELD1L-BARKER 7-1-04.OOC _.
2004-1917
3d OO3 y
142
LAST CHANCE DITCH COMPANY
FIRST AMENDMENT TO LICENSE AGREEMENT
1. PARTIES. The parties to this First Amendment to License Agreement ("First
Amendment") are the LAST CHANCE DITCH COMPANY, a Colorado nonprofit
corporation ("Ditch Company") and WELD COUNTY, a Colorado municipal corpora-
tion, ("Licensee"). The Ditch Company and Licensee are collectively referred to as the
Parties.
2. RECITALS. The Licensee owns property described in EXHIBIT A. The
Parties entered into a previous agreement ("Agreement") dated February 10, 2003,
recorded on February 11, 2003, at reception number 3031779 in Weld County, Colo-
rado, in which Licensee obtained the permission of the Ditch Company to install one (1)
pedestrian bridge over the Last Chance Ditch ("Ditch") and to install one (1) sidewalk
running perpendicular to the Ditch to connect the pedestrian bridge to existing side-
walks. The Installations were not completed by January 1, 2004, pursuant to ¶3.4 of the
Agreement. The parties have agreed to extend this deadline in ¶3.4 of this First
Amendment. All other provisions of the Agreement remain unchanged. Accordingly, in
consideration of the mutual promises set forth in the First Amendment, the Parties
covenant and agree as follows:
3. MODIFICATIONS. Paragraph 3.4 of the Agreement has been changed to read
as follows:
3.4 The Licensee agrees that the Installations shall proceed expeditiously and
with reasonable diligence from the commencement of construction to its comple-
tion. The Installations shall be completed by January 1, 2006. If the
Installations are not completed by that date, then this Agreement expires and is
of no force or effect.
4. EFFECT OF LICENSE AGREEMENT. By entering into this First Amendment,
the Parties agree that this First Amendment only modifies ¶3.4 of the Agreement. All
other provisions of the Agreement remain in full force and effect.
DATED: fisa.A.M i 9 2.49:71-
11111111111111111 1111111111 HUHU
3213142 08/27/2004 01:17P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
:good/—/yi9
DITCH COMPANY:
LAST CHANCE DITCH COMPANY
a Colorado nonprofit corporation
By: �' Uri /
Robert Nelson, P sident
STATE OF COLORADO )
/ � ) ss.
COUNTY OF 13nuiRX-V )
The foregoing instrument was subscribed and sworn to before me this ) 9 day of
A, u 4A , 2004, by Robert Nelson, as President of the Last Chance Ditch
Company.
Witness my hand and official seal.
My commission expires: q/' to 7 .
. ..... \‘‘`‘ 4 /47012,7214
•
i p,�OTAq.--1; /, ary Public
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MyCanmwknapYD
HIP 111111111111111111111I Mill
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3213142 08/27/2004 01:17P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
G:1CNen1.t\ASTDAWELDYASTD-WELD Amend.Lbnee 7/1/2004 4:03 PM
Amsemor LOoc
2
WELD COUNTY
a Colorado municipal corporation
,,*c: S4fiTr1iJooZzr
I S)j?)sy: Robert D. Masden, Chair
JUL 1 2 2004
OF COLORADO )
ss.
COUNTY OF %74, )
The foregoing instrument was subscribed and sworn to before me this atZ day of
, 2004, by '?,L ? 5. /)741J1.. , as Gfra<<
of Weld County, a Colorado municipal corporation.
Witness my hand and official seal.
My commission expires: 9-//-cXt25
nodtyOTARY ��' Cll1 c.. CP <;.i
Notary Public
• PUBL�f
Alr CrwW it Leine HXoMu 11,2001
1 11111IIIII111111111111111111111111111III11111 /III 1111
3213142 08/27/2004 01:17P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
G:Kdknts LLASTp1WELGLLASTG-WELOMnm,d.License 7/1/2004 4:03 PM
OQeement.doC
3
ate Si- /9/y
EXHIBIT A
LAST CHANCE DITCH COMPANY
LICENSE AGREEMENT
Lots A and B of Recorded Exemption No. 1313-02-0 RE-2705 recorded at reception number
2832747 on March 16, 2001 in Weld County, Colorado, being part of the NW ''A Section 2,
Township 2 North, Range 68 West, of the 6th P.M.
1111 01 III
3213142 08/27/2004 01:17P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
G:CWnNLLLLASTG\WELDLLASTD-WEL0 Amend.Manse 7/1/2004 4:03 PM
ApeemenLOoc
4
tAt
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
July 23, 2004
Madoline Wallace
Bernard Lyons Gaddis & Kahn
PO Box 978
Longmont, CO 80502-0978
RE: Agreement
Dear Ms. Wallace:
Enclosed are the two originals of the First Amendment to License Agreement between the Last
• Chance Ditch Company and Weld County. Please return one of the Agreements with complete
signature in enclosed envelope for the Clerk to the Board's file.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4225.
Thank you,
AL/
aron Kahl
Deputy Clerk to the Board
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