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Home My WebLink About20000561.tiff RESOLUTION RE: APPROVE THREE NONEXCLUSIVE LICENSE AGREEMENTS FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY FOR A PORTION OF WELD COUNTY ROAD 57 AND AUTHORIZE CHAIR TO SIGN - MARK, MATTHEW, AND KENNETH MADSEN 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 three Nonexclusive License Agreements for the Upgrade and Maintenance of Weld County right-of-way for a portion of Weld County Road 57 as further described on the attached agreements 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 Mark, Matthew, and Kenneth Madsen, with terms and conditions being as stated in said agreements, and WHEREAS, the Department of Public Works recommends adding a second sentence to Condition #3 of said License Agreements as follows: 3. Second Party shall be responsible for snow removal from right-of-way as part of the maintenance responsibilities referred to herein. WHEREAS, after review, the Board deems it advisable to approve said agreements copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the three Nonexclusive License Agreements for the Upgrade and Maintenance of Weld County right-of-way for a portion of Weld County Road 57 as further described on the attached agreements 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 Mark, Matthew, and Kenneth Madsen be, and hereby are, approved. as amended. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. 2000-0561 PO/ L,G I °ckatn( 3) EG0039 THREE NONEXCLUSIVE LICENSE AGREEMENTS FOR THE UPGRADE AND MAINTENANCE OF WCR 57 - MADSEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD C LORADO ATTEST: Le ,O,--/ Barbara irkmeyer, Chai Weld County Clerk to B .,�'�, ' r _ d M. (Zile, Pro-TeT. • Deputy Clerk to the 7`; ,'i1 ) / X g i__/ .__—_ George E. Baxter APPROVED AS,TO FORM: EXCUSED DATE OF SIGNING (AYEJ Dale K. Halle `- y, 2 Comity Attofpel /--� 4.<uw 1 iI-/`) �.�, Glenn Vaal!' 2000-0561 E G0039 WELD COUNTY ATTORNEY'S OFFICE 4airm PHONE: (970) 356-4000, EXT 4391 4‘1:(tiPHONE (970) 336-7235 FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 ill C. March 23, 2000 GREELEY, COLORADO 80632 COLORADO Matthew J. Madsen 39621 East 160"'Avenue Keenesburg, CO 80643 RE: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way Dear Mr. Madsen: Enclosed is a copy of the Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County right-of-way. The right-of-way in question is on the west side of the south half of the southeast quarter of Section 15, Township 2 North, Range 64 west of the 6t P.M., Weld County, Colorado. It is an extension of Weld County Road 57 for a distance of one-quarter mile north of WCR 20. I recently spoke with you about an addition to paragraph 3 on page 2, regarding snow removal. Enclosed are three copies of the page 2 with the additional language to paragraph 3. I ask that you initial the change on both copies and send them to me at: 915 Tenth Street, P.O. Box 1948, Greeley, Colorado 80632. 1 understand that you and/or your relatives intend to sell the lots,. however, it is still incumbent upon you to finalize the Nonexclusive License Agreement in order to satisfy the condition of the recorded exemption. If you should have any questions regarding this letter or the enclosed, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, ! . ' Bruce T. Barker Weld County Attorney BTB/db:Let/Madsen.wpd Enclosures pc: Clerk to the Board NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this.V dm: of February 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 Kenneth L. Madsen . .‘hose address is 19150 195th Avenue Hudson,CO 80642 as Second Par WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at west side of the N '''Aof the SE'/a of Section 15,T2N, R64W of the 6th P.M. in Weld Count',.. Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 57 for a distance of'%mile,beginning a''/a mile north of WCR 20 and located as follows: 30 feet of right-of-way to the west of the east property line of the N /,of the eF /of G,ct]on 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 hc-tits sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration of the covenants contained herein and thr, 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 fb.lows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any 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 urtte-i 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 ad it ss from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in :uc1 manner as prescribed by First Party, which manner shall include, but not be limited to. the following: Page I of 4 Pages U3'�, 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 cutv ert 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. Secona 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 fenciu 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 inn is set forth in Paragraph 1., above, or any other requirements stated by First Party, shall be at it, own expense and without the aid or use of Weld County funds. Second Party shall be respons ib i e for snow removal from right-of-way as part of the maintenance responsibilities EA{= referred to erei 4. Except for the negligence of First Party, Second Party shall indemnify and e harmless First Party, its successors, assigns, employees, and agents from any damage or s sustained by them or any of them arising by reason of Second Party's negligence with respect t, the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protec:First Party and save and hold it harmless from any and all third party claims and damages that said upTrad.! and maintenance may directly or indirectly cause and hereby releases First Party, its successori,. assigns, employees, and agents from any and all claims and damages of whatsoever character v property owned by Second Party resulting from any act, either on the part of the First Parry or n the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexcluske License Agreement without first obtaining written consent to such assignment from First Part. . which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement wish respect to the subject matter of this instrument other than expressly set forth herein, and co ora, 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, condi ions. cr obligations referring to the subject matter whereof other than as contained herein. Page 2 of 4 Pages 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 invalic or unenforceable, shall not be affected, and every other term and provision of this Nonexclusi;,e License Agreement shall be deemed valid and enforceable to the extent permitted by lave. 9. No portion of this Nonexclusive License Agreement shall be deemed to cons[irate a waiver of any immunities the parties or their officers or employees may possess, nor shall .iuy portion of this Nonexclusive License Agreement be deemed to have created a duty of care iv cr. 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 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 receiv'n g 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 COT N ' ~ COLORADO ATTEST: r Clerk to the Board Le • Iacr iYll t!y 1 Bye. 6,4 i�Jr / i Lt4„fie By: 4,Z4 ,l .lYCi 1 . l'ha': / Barbara J. Kirkmeyer , Deputy Clerk �(�� (Mt � (03/08/2000) � �. u7 � Page 3 of 4 Pages SECOND PARTY: 13y:/ - - Title: SUBSCRIBED AND SWORN to before me this la) day of Feb _, W 2. By ,C i t c/A L. ASS-e" WITNESS my hand and official seal Notary Public My commission expires: �eU Page 4 of 4 Pages E C N 44 , K Mp.Ds\i ' I— . - ate:5 I 1....or � MAt' J -r • S 8o J�rA - ' Wet za NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into [his_.!si ca.. of February , 2000 by and between WELD COUNTY, COLORADO, by and through the Board .Pf County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street. Greeley, Colorado 80631, as First Party, and Mark G. Madsen , whose address is 8134 WCR 75 '/2 Roggen,CO 80652 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at west side of the S ''A of the NE ''A of Section 15,T2N, R64W of the 6th P.M. in Weld C-)unty, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 57 for a distance of''mile, beginning a '/:mile north of WCR 20 and located as follows: 30 teet of right-ot-way to the west of the east property line of the S 'h of the NE 'A of Section I 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,'h.:r,us 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 l'cerise 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 follow:: 1. First Party retains the right to revoke this Nonexclusive License Agreement at anv time for any reason. First Party shall give Second Party written notice of its intent to revoke :his 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 wr:rtrn above or served upon Second Party in accordance with the Colorado Rules of Civil Proced'irc. 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: Page 1 of 4 Pages 2000-0561 e":66'. 3 ) 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 capacit}. 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 -o supply and install such cattle guard, which shall meet County standards. Serum! 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 twins 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 right--of—way 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 lots sustained by them or any of them arising by reason of Second Party's negligence with respac t to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First "any 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 Pars or t)n 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 Part\. which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement .vidr 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 he 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. Page 2 of 4 Pages 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 sate. 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 Nonexclusi e License Agreement shall be deemed valid and enforceable to the extent permitted by le.w. 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 carewhich 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 the'_r 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 COI "N T 1 . &et, COLORADO ATTEST: 441 Clerk to the Board 1861 ----- B)(3n---- ltito..,{a ArAt-fi By:_ �� r Barbara J. Kirkmeyer , (1J Deputy Clerk �rp°� , ✓ (03/08/2000) IL Page 3 of 4 Pages SECOND PARTY: By: 6 Title: p/ SUBSCR,I}BED AND SWORN to before me this /ft. day of / 4 _, pa_ By //art e- L7Ji ii WITNESS my hand and official seal 7 "7 Notary Public r n y C,.,, F.Y 6J My commission expires: ✓ >oc,<, 1 y d Page 4 of 4 Pages d 9. . s Mpiftx. VA 4c k,r: •`.� 4 I F c°z � ; 6 t,41• is) DSET•i tku _ k.otE.. A4 ATE M•4 flS�N RE aCo 6 bow Uu�2 'z o NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE, AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 13th lay of January ,7,5142, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Creole}, Colorado 80631, as First Party, and Matthew J. Madsen vl:ose address is 3962.1 E. 160th Avenue Keenesburg,CO 80643 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at west side of the S 'h of the SE''A of Section 15,T2N, R64W of the 6th P.M. in Weld (1:( utny, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 57 for a distance of mile north of WCR 20 and lcca[[ee as follows: 30 feet of right-of-way to the west of the east property line of the S 'A of the SE ''A of Section IS i.l 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 fo!.lows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at :.IV time for any reason. First Party shall give Second Party written notice of its intent to revoke tl es 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 is 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: Page 1 of 4 Pages .'°USG: 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 all thosee at it:, set forth in Paragraph 1., above, or any other requirements stated by First Party, own expense and without the aid or use of Weld County funds. Second Party shall be resnonsi b`L�e/ for snow removal from right-of-way as part of the maintenance responbilities t7 referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and sate 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 respoe t t:> 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 ail claims and damages of whatsoever character to property owned by Second Party resulting front 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 Park. . 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, condi tic as, or obligations referring to the subject matter whereof other than as contained herein. Page 2 of 4 Pages • 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 ( r 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 .are whici 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 -ecei v ing services or benefits under this Nonexclusive License Agreement shall be an incidenta. beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement arid 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 COINT", COLORADO ATTEST: ► ��°�;� }=��-�, Clerk to the Board By: 4edtl.24 iu,. nL' = . Chair Deputy Clerk � (w,_ Barbara J. Kirkmeyer (03/08/2000) Page 3 of 4 Pages SECOND PARTY: By/1 i ce = Tide: SUBSCRIBED AND SWORN to before me this I 34'` day of , 1P-4 , 210 >O By nna. Ni.7 1.I.nrktri5�) WITNESS my hand and official seal 642-e4a, cd_44..e.A ary Public My commission expires:10 COMMISSION �pRy P� EXPIRES O ,..•-'" �. 144001 '' `�,ti� ar,. CHERYL I JESSER .?n Page 4 of 4 Pages t , M i*'1r..14 • ter. i it Ro K ri Macce ;," N kot M^,l MA)', I rt 1 re Q-40 to o mat weft 2p Hello