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Home My WebLink About20011362.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 98 AND AUTHORIZE CHAIR TO SIGN - NORMAN DILL 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 a Portion of Weld County Road 98 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 Norman Dill, 4520 Inlet Court, Fort Collins, Colorado 80526, 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 a Portion of Weld County Road 98 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 Norman Dill 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 23rd day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS p /� WELD COTY, COLORADO ATTEST: gall/I / `�'`�J�� 'M Weld County Clerk to t : a " iv EXCUSED ' . �J' Glenn Vaad, Pro-Tem BY: • Deputy Clerk to the Bo 1 / 4(. ,"- Wil - H. Jerke l O DAST M: vid E. Long /-rounty Attorney Robert . Masden 2001-1362 EG0041 is‘a ‘ 1°N..\\\I MEMORANbUM r E. .. TO: Clerk to the Board DATE: May 18, 2001 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's May 23, 2001 agenda: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way with Norman Dill. The appropriate documentation is attached. Enclosures 2001-1362 • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY c�3c� THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 7 day of MAy , 2001, 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 hJoRrdaw1 DILA— 400 TO/fT Cl- . ,as Second Party. Pr, Cou.in�S1 Co . bo5a.1e WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at En- az Sloesoe Sr<?io.! �? TGti�Rd7 I secr,O 4T6_�R67WinWeld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way lmown as Vic _ ,,K d located as follows: O'nr /y.! �T 419EEh{ SECT�on1 33�-e�P t t ¢f'TRt R67W G.P.Nin Weld County, Colorado, which is hereinafter referred to as "R W," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS,Second Partywishes 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 Parry, 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. 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: 111111111111111111 III 111111 11111111111 MINI III IIII 2852234 05/29/2001 04:39P JA Suki Tsukamoto 1 of 4 R 0.00 0 0.00 Weld County CO 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. SecondParty 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. 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. 1111111111111111111 III 11111111111111111 III 11111 IIII IIII 2852234 05/29/2001 04:39P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO • 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. 1111111 11111 1111111 III 111111 11111 111111 III 11111 llll llll 2852234 05/29/2001 04:39P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORAD• by and through the BOARD OF COUNTY COMMISSIONERS OF W D C Y 0.,,O�' ATTEST: Cler o e o I la,l . l( y By: ._ -_ G �a� r: %,J,.�' �l By: /ICJ Deputy Clerk M. J Geile , Chair 'N�' � (05/23/2001) SECOND PARTY: 8�1 By: 7/g,(zhi C'�J Lail ��2 ,q-_,,, i z, Title: �/ �� SUBSCRIBED AND SWOT to before me this '/AC day of , 20W, By -Magi •t + s ' • ATJT.11.ESS. m:5/44n ,and official seal r.r • P 8\,\ ? r Notary Public 1.C4.........•�OQ`,: ,4S4 EBp tnssion expires: Oa/O9 0 a m:\wpfiles'\agreenmdnon-exclusivenonexclusive-fojm.agr.,vpd updated 1/23/2001 IRO 11111 HIM III 111111 VIII MB III 11111 1111 101 2852234 05/29/2001 04:39P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO LAND JAMES L. -w DENIS D. a ' RANDOLPH UCF-1_+ WAYNE L. �U� ��u ..... .. _. • PTSHP. BARNES Ic➢z HAGEN = Li FREDERIC J.R. KNal i AUDE JEANNE T. O. "'� - WL� o ?� HEDIGER DIAMOND M. TURNER tres. ID=m �a-� (n U) FARMS �o SHAULL 2 fOw 28 Ow 27 QZQ26�1 v 25 30 —29 �J 27- — 11 2 W pY �Z� WQ� u, Le ROY A. ER.B BG. WW >z o4a oW¢A r� ad BPEGGY 'BROWN GRAI vM. HAULL BARNES IPTS"P. fYa o> f--o> c U T1� g� BEL NoflE�B LIVESTOCK, (f�wH .gplDDcca FARMS,INC. I m. . . . . ... 1.e-mr_ mJA ut INC. _ �� D E' G - CAZ A BAR NES SINC RICHARD O. &f,� - ETHEL V RANDOLP • UCG DEENIS ER.PROBE IISHIRLEY L. 1 II AYERS II STATE E2I I BARN 3 35--__II 36 EDIGER 11 UCH NUNN BA BERN3! II BA ' ''p. RICHARD 0. II ELMER All Le�A O II II . t E' /�f a o°� DILL .3 P' WILSOI BONINIA II vR 1 IN I BARNES HANKINSLLMORE -tL 196 W LLO a H DONNA L. FRANKLIN E. x GINIA • IA Eta SHARONR EEB MARY • PTSHP ROCKY (I z eI SON HOBART JR ° �� ES" • '" • SCHELLER ELLIE J. f w IFDsr� TURN on a zu, MOU THIN 0JN �ow xAv HA +EN I Jz 1 WILKINSON ' ZQo OSTTf DWAYNE: co z7w II_JorK H.F.B 1 zwa 5 r - 1. 3 • it LEA CYNTHIA w'LLo ENERGY z>a B I ¢m= ipA I. -L g- • SHARON R. - m>3 $HIA' • H AM AR ��0� IIaa2 RACCHI TURNER v --� $az COMPANY ooQ Dupleee etol r,7 m 1 SCHELLER aEEVE a. _ . . .• 'I I T1 196 ROBERT W d JUDITH GREELEY `v w ROBERT H. JAMES T. B. B. ( "IlF3UNE f WM. J. SAMUEL L ETHEL V • 3� RUTH VIOLETTE w �v GRE60RY rC� HOBART NAT.BANk ,y- BUCHANAN KATHLEEN K. FARM` V BALD f ER ELL SCHELLER \ AYERS I ROY e-ic; LOOS TURNER etal trustee TURNER INC eta! (REEVES 81 9 10 II 12 airs etas S I X— FREDERICK E. VIRGINIA , •SAMIELL tRUTH E GREG ROSE L. & m I SEYMOUR VEDORA B RUBY H. \• MEYER R BRINKS etGl gLESH LE. scHELLER \\ I etai REEVES w. L.-- JL—._. I s • 15 17 19 21 23 JOINS 25 MAPS 27_ 2-91 _..._._„r_____,__ 31 A F. 94 , r r., w w DAVIDL.BI-* I I 0 NLAIIT- _ t ! Rrc.FR Ib BE1 le y >-L t C50- 14 , a T I DAN L WANE B LAWRENCE EN D R. U OM J W a ANDERSON JANICE . B ETHEL T__,__ KNIGHT JR ` ROWN Q J cr O BrJ I <1-• I JAKES ALL. c -- 1 _...__L 92 ETHEL E.- THAYER s D.N. BJ.� ucu I LlW+RENCE GflPttoTtY I THAYER s ` t ---� DONNA F WILSON FAMILY & BROWN I I Er ucv 1 5J ETHEL ROY i FAMILY a Q as t\ J RALPH PTSHP eta! si II H w c c °CY I KES f PARTNERSHIP J J SAUTER JF z 3 to wx ucr 2 t 2�ta o ---2• 21 22 23 24 W 19 IKIMELk. 20� 1 Il 21 LSO BROWN II - W WILLIA E. BWANDA GREGORY W Q H r.O ANHEUSER- _ ' a s GRAIN B O W B VERA t BRENT ROY I e Z a -. � VELM BUSCH, INC. a2 �1 hTD c.wC.II Li --'I COPAL f etal I v DAA '�� . .,rmBm:ARN 90 • • P 1 OAK - ' DAE EDWIN a .ROBEJ JUDI AjEAT VE: • P 811 g a MYRNA FAYE IJAMENAB LESH d J•' 5=-66Ert • HOBA M. Y II II � / ' EELAM PLER etDlwb aW� B 'I 1. 1 N 'I Q� Z_ II eta! IPETDNG Y� P��C� �' ISAK91 AR J 27 t,AL026—=Z Heei s '5 zz w 29 f 2 JQ 1 / 2 .. 29 WANE P JI- IIo I, QJ I CITY QIA ESTUIERL. /r JAM EwH a ARANCI ANHEUSER- LOI z o " ¢�- / B MARGARET ROBERT LEE BUSCH,INC. JONES aWy �' m(7J I-` 11 ITHORNTT N OF U UN EMAN KENNEDY r \ etai1 HEPLER MDSHER DAC—f DADI 11 l\ THOMAS A. F •7, BB5 1 LI"'DN' ccw REENSA 66 V.'NON a DENNI$B MARC B D°'AF f ANHEUSER- MARLENt B CTEPH- RONALD E MA'YK. DOROTHY CELIA CITY OF EA ;f BUSCH, INC. ARANCI aQo VArvR�RA J&ONE IgS W. Het . BAIAMDNTE` eta'TATE r AI t TarAtTITs DRAKE PErTI T THORNTON I` 32 33mg i etal 35 36 ff . , 1 HARDLD3 EDITH--`4 EDWIN .5 p. LAJERNE .. P.m'^ EC MYRNA FAYE PAUL GW.B HOPSACK FlaurosKl + c.K _ P.-I RI Act( A f runnno4nN BAIAMONTE HELEN M._cn VWHFP B� ,, i 66 I May-17-01 01 :04P P.02 4c1/77/d / 1 i 4 t; 9 O47 4// di I/ /777 44-1/6A7)122- 0 i ill ,_.-1).0 6-7,111{7-7-c--A-- n 411-1 71#77-4-d -/C/Jj i 727 L.1, /P-C-2-1 t7; (P-E----el ,rt.1 fti,zc 2 i I Aegier>c,----1--- Catig 40A_ /a-ill-let. /-.. PL ,-, kit � r I 7 ,,,, / //.4 , / ,/, ,,,,, ,,,, / - c_, _ ,(,,,, , s, , ,, s, f , 21,l f3, Tl X/ K:-&-e`- `" 6(-e 6(-eVf II SA/o V May-17-01 01 :04P P.O b7/1//. uu1 14:11 `J/tlif7/'CL/7 BARNES FARMS INC PAGE 03 May-OS-01 II :33A P.01 May 8, 2001 To whom it may concern: As owner of SE2, SE4 of section 33, T9N Range 67 west of the 6s'PM., County of Weld, State of Colorado, Robert Barnes, ant aware that the owners of the S W2, SE4 of section 33, T9N, range 67 west of the 6w PM.,county of Weld, State of Colorado will be using WCR 98 as access to there property from WCR 19. bent Barnes Hello