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Home My WebLink About20010680 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD AND AUTHORIZE CHAIR TO SIGN - RUSSELL AND ANGELA REED 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 21 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 Russell and Angela Reed, 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 21 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 Russell and Angela Reed 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 12th day of March, A.D., 2001. BOARD OF CO NTY COMMISSIONERS WELD COU COLORADO La ATTEST: �'� �� /, ,`:�.• �� 2Z7 .2/./a i1/42M. J. G ile, C air Weld County Clerk to th`Bt1 `;��: �� iVid eilf tiRfl,� Glenn Vaati, R -Tem BY: t-j i. • ✓ ._._ l 1 �� 441i.®/,_.R+/ Q i as Deputy Clerk to the Board - m H Jerke PPP VEDAS b FORM: 4 vid E. Lon eksounty Attor y Robert D. asden 2001-0680 10 Pk), ReesI EG0041 T ' . MEMORANDUM, VIED ( COLORADO TO: Clerk to the Board DATE: March 6, 2001 FROM: Frank B. Hempen, Jr., Director of Public Works/County Engin SUBJECT: Agenda Items Please submit the enclosed items for the Board's next agenda: Non-Exclusive License Agreements for the Upgrade and Maintenance of Weld County Right-of-Way between Weld County and: 1. Russell T. and Angela J. Reed 2. Raymond Lee Rossi and Anita M. Rossi The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator 2001-0680 (Goo'-I I 802 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSWE LICENSE AGREEMENT, made and entered into this day of , 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 R u s c Lc- T. L\4 L.&-c.,. 3. REED ,as Second Party. jl et, CL&RK s'r T . FY . G:�Lt..w:s, Cc. . eo5;4- WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at F'Ahr sine nc retc S'e feud a OE 3ETWCEN&tt/et JS ) 3 ,TF�n1)QntJin Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as \A2 .21 rc,2ADts TAO er CV flu€.HALi= ticatM orV,Icv. rib and located as follows: eef6Er RitINr-cf-WAY er 'ttc cz' . '31O 0 `iECr,c,J Lid ci Bericeev SEcriece in Weld County, Colorado, which is hereinafter referred to as "ROW," and x 3, 7-814, R6 1w, 4+.p.ikG 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: 1111111111111111111111111111111111111111111111111111111 888 03/23/2001 4 R 0.00 D 0.00We1d County CO ukamolo 1 of 4 • • 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. 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. 1111111 11111 1111111 IIII 11111 111111 11111 III 11111 IIII IIII 2834808 03/23/2001 04:44P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 4 . 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 o f 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. HID 11111 11111111111111 11111111111 III 11111 llll 1111 2834808 03/23/2001 04:44P 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, COLORADO,b d through the BOARD OF COUNTY COMMISSIONERS OF WEL OF) t0ft% , C ' •�� % ATTEST: Clerk to e = IIISV 1�:� By: .I/1 . ��.�. �� '�iui�`� �_ BY: �' iL/(Gj Deputy Clerk �� j�!R' M. J. Geile , Chair WOuNot4 (03/12/2001) 'Y`AVrI' SECOND PARTY: • By. Of 'S�` — — Title: fX 0, raT SUBSCRIBED AND SWORN to before me this °3-7 day of F-'4 , 20O/, By WI SS my hand d official seal f /6 4 ti Notary Public p ; , .ft L • My commission expires: b5//DC m:\wpfiles\agreemnt\non-exclusive\nonexclusive-form.agr.wpd updated U23/2001 """� "' - 1 111111 11111 1111111 II 11 '111111111111111 I I I "II I llil 1111 2834808 03/23/2001 04:44P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO a4kskw4uaaaa ♦" 44 '44 '4 '44444 ''4 ,i it 4A) 'tip J► J ,S 'J /kip MAP 8 R 67W JOINS MAP 7 s.OA N- W.LLO a NUN- LAND II DONNA L. vIR— 98� TER Gs MARY PTSHP ROCKY �� - WILSON FRANKLIN E. ix cINIa • TURNE r°ti, z MOU•I;ITAIN ��z etoi HOBART JR dew LEs"KAV HVAOR D.&R. 6 NI•12 DWAY'NE 8402 1,j J I • SID. H.F.& I Zoo 6 101 • IHOULTON Qarc CYNTHIA A E156� ENERGY _ 1• BACCHI I�i TURNER �m $¢oi� COMPANY' OOa trustees etas ROBERT W. e ROBERT H. 1 D°W = r,- RUTH VIOLETTE JUDITH GREELEY w -JAMES T. B IB 96k �W HOBART NAT.BAND BUCHANAN KATHLEEN K. Il SUZANNE cn wo_z LOOS TURNER TURNER FARM g YEHLE GC —a efal trustee INC.etal OHN 7WZ 8 9 b II 12 it SCOTT JAMES $. a >< FREDERICK E. 7 WALTER A. IX„. ROSE L. w II SEYMOUR VIRGINIA , I LYONS Z C„, BRINKS S et01 VEDORA SHL 1.etas �.--r—_JL____ LESH L.E. �� ANDREW ROBERT W. & ANHEUSER- GREGDR —, BROWN KENNE J,,,94T z a, oft LANA BUSCH c �,Zo5HERBURNE VIOLETTE F. STATE ,INC. KRUSH .�i. GRAIN 84 aEIMwNE • J LIVESTOCK D.A_&E.R T :E h l> aRCM o TURNER 16 15 ( INC. RARPnt - .BE TUF 2 BENS TRUST DAVID L.B 13 18 ANT- I o ANHEUSER DUANE& INC. AZ BUSCH, SHARON L DAN L ANICE LAWRENCE E" BEREGG ANDERSON BROWN &ETHELalt JAKES CC)'� 1 I- 'DONNA F ETHEL E. THAYER E D.N. 61 J.9 uCu s LAWRE 92 F RUGG WILSON FAMILY = BROWN II ucv &ETHI az_ W UCY JAKES z 'E PTSHP eel .t f_7 19 20 21 22 23 24 'I W 19 W X saucy KIMELY j J ANHEUSER- _ „a BROWN J W WILLIA E &WANG F E° BUSCH, INC. az AR GRAIN G & II O U DUMLE BRENT E '� 6J � K,INC _iv) I Ii 1 IUDI A.EAT ,t • _ , ELAN etHOBal�6 CO ME;_Y• P 8I Q m IIMYRi S HEELER a 3�0 B •I • N J THO C eta s Jgy aw I� c'-' ° II etDl 30 DUANEP ` � '•NACU =z Hei '5 ` ZW Zca EAH ELAHa ARANCI ANHEUSER LOI Nz I�00 ��≥ I mS MARGARET ROBERT LEE BUSCH, INC. JONES (34I-IL �� mcDJ MOSHER �--1 Dec DADL � _ I Ik w< THOMAS A RONALD I I DAz a EA W„� ANHEUSER- MARLEN6 ElJO5EPH- FA 7 NON FAA FAS4x zdmW BUSCH, ARANCI Qao VARRA JINt 0LNOI$ W. ATE E • e N 3 33m3 m. -• etai 35 36 `ES �' — L RN.BR:R H9N E •'� . 1 W D'NNEY co FAC FAD CC HOL A MYRNA FAYE PAUL g ROSEA LL2 [._, RESERVOIR eIDgMPSON BAIAM_es 13 ' 15 17 19 21 O JOINS 25 MAP 9 27 :AN,-11-01 THU 11 :20 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 6 • Road File# t (scctio.s L..se ALLc,9 RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESSINFORMATTON SHEET Weld County Public Works Department Date: O ao$o i 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name —gwsscllr.. + Ant ete S- IReea Phone e9}olLI?.2-91Si Address (too (1An-K Sr. City Foirr Coc.et„s State p___.Zip Bo5zy 2. Address or location of access T[3.D , CJeltl Coc4nly Rook 9(o Nunn co 8o ,q& ' Section a Township r8 x1 Range Kit 74--) Subdivision N/A Block N/q Lot N/4 Weld County Road #' 9 to Side of Road Distance from nearest intersection 3. Is there an existing access to the property? Yes_ No K 0 of accesses 4. Proposed Use: O Permanent NI Residential/Agriculntral O Industrial ❑ Temporary ❑ Subdivision ❑ Commercial O Other r*******.**tt>•***.11VI,I....Y9•#.•}M'f ****i.,.,.*****...............*4•♦P44*****Fw w*****f♦*4t>*•TTTRT4Y**it*f! S. Site Sketch Legend for Access Description: I I e3rond Ws 1c ry g5 I I �' 6x .idr- a�3M ,lbty, AG= Agricultural bb y,ca w RES = Residential O&G= Oil&Gas 2 in C 2 v D.R. = Ditch Road -1 (((o 1 l Z o Sty o S"fi " O = Shed 3 1 -1"$N, Rb7� a ' //, nod +Precerre,.5, profoseg 73.,„77 O a gccess ?oinA- N riscseSt L.*. 0., 3 a 32 it WFLo CouilY . 7 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size_ Length . Special Conditions Q Installation authorized ❑ Information Insufficient Reviewed By: Title: m:wpnles engincereeccss Hello