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Home My WebLink About20000794.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 92 AND AUTHORIZE CHAIR TO SIGN - GARLAND ABEREGG 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 a Portion of Weld County Road 92 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 Garland Aberegg, 45411 Weld County Road 15, 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 a Portion of Weld County Road 92 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 Garland Aberegg 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 5th day of April, A.D., 2000. BOARD OF COUNTY COMMISSIONERS _ WL D COUNTY, COLORADO ATTEST: ,1f 4�f .117,d��' . .. ! / ♦ /�� arbara J. Kirkmeyer, Chair Weld County Clerk to the Q� U :3(CUSED DATE OF SIGNING (AYE) LQ / J. eile, Pro-Tem BY: ��ii A! 9_ it _t i' �` Deputy Clerk to the Boat ' /) r -G rge(E. Baxter APPROVED AS T(ORM: Dale K. all County Attorney c__-- CZ/u d Glenn Vaad--- 2000-0794 c` o 1 0 0. A , A ly-. r-`�� EG0039 Li O1-s NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 27th day of March , 2000 , 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 Garland H. Aberegg whose address is 45411 WCR 15, Ft. Collins, CO 80524 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at S9:of the SE% of Section 18, T8N R67W of the 6"'PM in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 92 for a distance of one quarter mile _and located as follows: 60 feet of right-of-way, to the west,from the intersection of WCR 15 &WCR 92, between Sections 18 & 19,T8N, R67W in the 6th PM 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. 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 ally time for any reason. 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 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. Removal or seeking the removal of existing equipment,junk and debris located within ROW shall be the responsibility of the Second Party. Page 1 of 4 Pages 1111111111 1111111 ��I� �� (1111111111 �� 11111 �� I� -a-/9y 2762842 04/20/2000 01:10P JA Suki Tsukamoto 1 of 5 R 0.00 D 0.00 Weld County CO 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. Second Party may upgrade ROW to full County standards and request the Board of County Commissioners consider the acceptance of ROW for County maintenance, pursuant to the provisions of Section 20.0 of Weld County Ordinance 180, as amended. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph I., above, or any other requirements stated by First Party, shall be at its own expenso and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW 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 arising by reason of 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 and 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. Pape 2 of 4 Pages 1 IUD 11111 HUHU 1111 1111111 NE lit 11111 I III I III 2762842 04/2012000 01:10P JA Suki Tsukamoto n _• e n n nn n n nn weld Pannell rn 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. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: Clerk to the B s J B} ul..'/. . _a 3i _— By: Ba ara J. Kirkmeyer, Cha. (04/0Y/2000) ,e 111111111111111111111111111111111111111 III IIIII IIII IIII 2762842 04/20/2000 01:10P JA Suki Tsukamoto 3 of 5 R 0.00 0 0.00 Weld County CO Page 3 of 4 Pages SECOND PARTY: By: _(-7/146 jf-Title: ou SUBSCRIBED AND SWORN to before me this 7 day of `Ina ' , VO1OoO By �a i SS my hand and official seal ,tu KCce i Notary Public a1 • My r commission expires: 03/C3/OOOc-1 1 111111 11111 1111111 1111 1111 1111111 11111 III HIM III1 2762842 04/20/2000 01:10P JA Suki Tsukamoto 4 of 5 H 0.00 D 0.00 Weld County CO Page 4 of 4 Pages s a.=o1; ,x"-.'2"b S y.� �-,+ �� ,1` a4u 9 `�.'"'std'Ytt✓ "'+. a • MAP 8 R 67W t JOINS MAP , _ I He,c W.LLO & LAND II DONNAL. IVIE SOP 98 TEN es MARY PTSHP. FRANKLIN E. Ex ROCKY �� 2 WILSON a., LESH m TURNS" �^Im co crizN MOUIxTAIN (�m-'z etal HOBART JR dirLL, L x44 HA EN �' Jx DWAYNE aT to Z 2N J ioce H B I zwo (,j 5JQ o &R. .1jw2 crmrHIA WI:LLD ENERGY IIZ>o B.J clIli II DA I. '° MOULTON tnci MAMAR 23b¢ aaz eACCHI ---''TURNER - �m Ei¢iK- COMPANY,�ooQ t.usleea ern' �7.k96 DAw a ;� ROBERT W. & JUDITH GREELEY w ROBERT H. JAMES T & K HI = �ww RUTH - VIOLETTE HOBART NAT BANK ' BUCHANAN KATHLEEN K. B v SUZANNE: f.n wozz LOOS TURNER etol trustee TURNER FARM ARC INC YEHLE wrail rm� 9 10 II 12 _ ___ _ ___ errs SCOTT 7 to E- JAMES S. & FREDERICK E. vIRuINI? �^ BYRNES D ¢ SEYMOUR VEDORF. --� WALTER A ¢ a ROSE L. �I et a t LESH L.:-. I LYONS X LL- BRINKS r...-_----IL____ ,� fat --~-T c_ BROWN �KENNE J STE E 94 ANDREW ANHEUSER — GREGDR�i' I:a 0, a LAN4 ROBERT W. & BUSCH,INC. w. �y- GRAIN & I B.LaVO NE sNERRuRNE VIOLETTE F STATE K;RUSH '° LIVESTOCK cu.&ER ATHLEEN , ww TURNER INC. H,IINaER- Car-' TURNER 1 N181RRCM D- 17 16 15 - 14 13 18 ANT- I 17 Q DA4IDLaEN RENE TRUST ll JANICE DuANE LAWRENCE w ANHEUSER-, DAN L JANICE - C Z BUSCH, H NE B ETHEL A' REGG ANDERSON BROWN INC. 1 JAKES U1 9 /'n ETH E THAYER E D:N 9J� ucu 1LAWR_N'JE'GREG W I . r IONNA F I WILSON FAMILY a BROWN II • 'ucv ill B ETHEL ROY z RUGa PTSHP etol az II w Ct 1 c ruc , JAKES s 153 _____2L:,- a 21 22 23 "-' 24 w m 19 EL",� 20 BROWN II -Ow JILLIAr E I&WANDA IGREG i ANHEUSER- m` GRAIN E B I �B ERA BRENT BOY `.� EA BUSCH, INC. = Ana sTOLK,mC�� O 0 IDUMLE' t I etol REE 1 cp J cn 90 -? JUDI A EAT cO J MEr Y• P & -o .- IIMYRNA FAY EPLER HOBA a' 1 3¢-. B • IAMI N A o� '••. THOMPSON anal 1 oww Hei s aw • : Z_ n �I eto 29 30 29 WCE P 1 27 cNA_D-26 J�Z 5 ,I Z z •a EAH Ewn a A�ANC 1 ANHEUSER- SDI ! z o - _��__ �_ MARGARET ROBERT LEE / BUSCH, INC. JONES ILUJy CC-) CO OJ. HEPLER mE MOSHER DAC 4- D4D-1 µ • 88 ' E THOMAS A RONALD r '°'v NON& E EAJ�mwa ANHEUSER- MARLENE w 1 BIN EPH E •Y' MA'Y K. DAZ A _ gceT0 BUSCH, INC. ARANCI 66,•, 1 vARRA & LOIS W. ATE • 'AHe, ON r�4 MONTe FAA FA xsf„a <<-- JONEg 1 1 2dm 32 33CO3on 1 etas 35 36 I 32 RN.BRR I-9N 1 u' DENNE.Y V, BLACK a MYRNA FAYE PAUL -'¢ ONJA ¢p '� HOLLOW THOMPSON BAIAMONTE y1 I F0.C FAD _' RESERVOIR eta B6 1 g" 'ROSE C �••as�+ 13 rl5 17 119 I 21 23 JOINS 25 MAP 9 l2i QE : .2. `9 I I 111111 111111111111 Ilil Ilil 1111111 11111 III 11111 Illi lilt 2762842 04120/2000 01:10P JR Suki Tsukamoto 5 of 5 R 0.00 D 0.00 Weld County CO L.1" :: MEMORANDUM i • TO: Board of County Commissioners DATE: March 30, 2000 COLORADO FROM: Don Carroll, Engineering Administrator SUBJECT: Agenda Item Please submit the following item for the Board's April 5th, 2000, agenda. Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way between Garland H. Aberegg and Weld County. The appropriate documentation is attached. Enclosures pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer 200C:-C:794 Hello