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Home My WebLink About20002780 RESOLUTION RE APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 86 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - DENNIS DRAKE 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 Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way for Weld County Road 86 between the County of Weld, State of Colorado, by and through the Board of County Commissioners cf Weld County, on behalf of the Department of Public Works, and Dennis Drake, 11567 Hignway 14, Ault, Colorado 80610, 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 Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way for Weld County Road 86 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County on oehalf of the Department of Public Works, and Dennis Drake 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 6th day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: / �� r EXCUSED TE OF SIGNING (A}'E a Barbara J. rkmeyer, Chair Weld County Clerk to the � g B.ar. ��7 % r13t,1 eft" //� add • i t� J.treje, Pro-Tern — BY', �// w'�a^..♦ � /rf rr C/� _ Deputy Clerk to the B '� /t { ! , eorge Baxter T �� ApPRfJVEu�4 CORM: Dale K Hall 1 72 / (1 l �oSaty Att rney i itie / Pi2tt Glenn Vaad 2000-2780 EG0C 39 - a it WI I k COLORADO MEMORANDUM TO: Clerk to the Board DATE: Octobca . IUt FROM: Frank B. Hempen. Jr., .1 St Director of Public Works/County Engine.: SI I3JECT: Agenda Item Please subunit the enclosed item kw the Board's November 1 or NON ember 8, 2000, agenda: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County R gli between Dennis Drake and Weld County The appropriate documentation is attached. Enclosures 0Jir '; to;to 7 q NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE, AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 13`' da) cf October, 2000, by and between WELD COUNTY, COLORADO, by and through the Board id County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street. ( reel,. Colorado 80631, as First Party, and Dennis Drake whose address is 11567 Highway 14. Aiil!, Colorado 80610, as Second Party. WITNESSETII: WHEREAS, Second Party desires to more effectively access property located at cities s do oldie section line between Sections 32 and 33, Township 8 North. Range 67 West, and Sections 4 and 5, Township 7 North, Range 67 West in Weld County, Colorado, and WHEREAS, First Party purportedly is the owner of the right-of-way known as WCR 86 ILr a distance of one and a quarter mile west of WCR 19 and located as follows: 60 feet of right-of-way between Sections 32 and 33, Township 8 North. Range 67 West and Sections 4 and 5, Township 7 North, Range 67 West at the 61° P.M. 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/l:er'its so W. expense in order to provide said more effective access. NOW,THEREFORE,in consideration of the covenants contained herein and the agrcemc sus of said Second party to be performed hereunder, and upon the conditions herein stated, First Par y 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 arc as G)I lows I. First Party retains the right to revoke this Nonexclusive License Agreement at ray 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 kith the right of the public to use the ROW. First Party' shall give Second Party written notice obits lire 1 to revoke this Nonexclusive License Agreement at least ninety(90) days prior to the intended r ale of revocation. Such notice shall he sent to Second Party by Certified Mail to its addres,Th vmri tin above or served upon Second Party in accordance with the Colorado Rules of Civil Prot•ehire Page 1 of 4 6 X11111111111111111111111111 II Il LIII III 11111 ]III ]III 2807679 4 R10 00f2D 0.00 2We Weld County tC0 ukamoto Second Party shall have the duty of informing First Party of Second Party's change in address trot i 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 he limited to, the following: a. Second Party shall design and construct the ROW such that it is adeq fate cr Second Party's needs. b. If the installation of a cross culvert is required through an existing drainrac pattern or ditch, Second Party shall be responsible to supply and install such which shall be inspected by First Party to ensure adequacy of capacity, strength, anp I length. Second Party shall be responsible to maintain the culvert after its instaIlatioi�. 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 Count standards. Second Party shall be responsible to maintain the cattle guard Lifter it' installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate c'r 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 ite ns 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 !.cr snow removal from ROW, if required to gain access, as part of the maintenance responsihilits.; referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and s: � c harmless First Party, its successors, assigns, employees, and agents from any damage or less sustained by them or any of them to the extent caused by Second Party's negligence with re-pest the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party,Second Party agrees to protect First Perty 'ii save and hold it harmless from any and all third party claims and damages that said upgntde t nd maintenance may directly or indirectly cause to the extent attributable to the negligence of Sea n Party. Second Party hereby releases First Party, its successors, assigns, employees, and agents Ir.0 any and all claims and damages ofwhatsoever character to property owned by Second Party result ng from any act, either on the part of the First Party or ott the part of any third party. Page 2 of 4 1111111111111111111IIIII11111it HIE III11111IIIItill 2807679 11/17/2000 02:02P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 6. Second Party shall not assign any or all of its rights under this Nonexclusive i__ice]ise Agreement without first obtaining written consent to such assignment from First Par y. wh c'r 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 he Hindi nq on either party hereto, or its agents or employees. This Nonexclusive License Agreement emhotte; all agreements between the parties hereto and there are no promises,terms,conditions,or obli eatien s referring to the subject matter whereof other than as contained herein. 8. If any terns 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, 'he remainder of this Nonexclusive License Agreement, or the application of such terms or pro:isiou,, to a person or circumstances other than those as to which it is held invalid or unenforceable, shat not be affected, and every other term and provision of this Nonexclusive License Agreement sl.a'I he deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to censtitut .1 waiver of any immunities the parties or their officers or employees may possess, nor shall : n'. portion of this Nonexclusive License Agreement be deemed to have created a duty of care which WA not previously exist with respect to any person not a party to this Nonexclusive License Agreenu ur. 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, shat I be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreem mt shall give or allow any claim or right of action whatsoever by any other person not included in Luis Nonexclusive License Agreement. It is the express intention of the undersigned parties that ;nv entity other than the undersigned parties receiving services or benefits under this None eIns k c License Agreement shall be an incidental beneficiary only. 11. First Party makes no guarantee or warranty as to the existence of ROW or, assum ng it does exist, as to whether or not ROW is reserved or dedicated for public use by First Party. 12. Second Party agrees to contact all landowners owning land adjacent to ROW in or 1cr to mitigate the potential impacts the road design, upgrade and maintenance of ROW may `rave on such adjacent lands. Page 3 of 4 1111111111111111111111111111111EMI III 11111 lIII IIII 2807679 11/17/2000 02:02P JA Suki Tsukamoto 3 of 4 A 0.00 D 0.00 Weld County CO It is mutually understood and agreed that this Nonexclusive License Agreement ane all be terms and conditions hereof shall extend to and be binding upon the parties hereto,their suo:essoa and assigns. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO. by Hill through the BOARD OF COUN'' f COMMISSIONERS OF WELD COI 1N1 E 1 V COLORADO ATTEST: ► �� ►r� ' Clerk to the Board tact 0O i G By: ... - G .I �, H B71ittetaii \-// ;) s _ Deputy Clerk !� / Barbara J. Kirkmey , Chair ( 11/06/2000) SECOND PARTY: By: t ,y�,nc , -- -T (L- Title: (' fh SUBSC�J IBED AND SWORN to before me this 19 — day of (lac-f0‘1 , 2036, By i/d/eim1/s 8/2-- f‘? WITNESS my hand and official seal otoN S. C Notary ublic Y 155 Mycommissionexpires: Expires �� eg e 0 A- m.A,tiplilcs\ugrccmntAnon evLIus[ c\R-.9-oo _ ° of 111111111111111111111111111111111111111III11111liII lIII 2807679 11/17/2000 02:02P JA Suki Tsukamoto 4 of 4 P 0.00 0 0.00 Weld County CO i.„-fu'A- ' S �:.Rt ,.-E MAP 8 • ` 6• • • JOINS MAP 7 I 98 W.LLp a LAND II DONNA WILSON FRANKLIN E. =x GIN IA ,$01 IA !il'SHARONR}` ED MARY PTSHP ROCKY �� WILSON o EGH Nq ,- S HELtFRI al MOUNTAIN lies-IO2 eta' HOBART JR d Li xAY 'HA EN '< 1 W TURNE DWAVNEB4v ��y 3 li_;oz HE a I 00° 5 4 V a �" "' • tal Jz CYNTHIA I wLI-= w $_J It'll YQ ON Q HAMAR Ia�oz ENERGY YIIooz spites: �-"_- IDAI -- AJ M?« , SHARON 11 -' TURNER t� �_ ti < 1 IUI F _ . . . . - oil 1 ' ' ;Z w SCHELL w 96ij1 ROBERT W. B JUDITH GREELEY ` w ROBERT H. JAMES T. 84 HETH VIOLETTE w /B• WtaeOS TURNER HOBART NAT.BANK BUCHANAN KATHLEEN K. FARM- &J SEL g�etal trust TURNER /FAIE7w m2 8_ 9 10 II �2 7 L INC ens el,, , -* rn JAMES S. a FREDERICK E. m VIRGINIA 1 n sz 5w SEYMOUR [ & R A i It ROSE L. w �� etal VEDORA I- / Y BRINKS <-- JL---- ESH I E. � AND ANHEUSER — GREGOR BROWN KENNE I J• 3_1)8 , ✓$. BLS 9a ROBERT W W - `1 �:- GRAIN 81 &Law NE SHE E VIOLETTE F. STATE BUSCH,INC. KRUSH a LIVESTOCK OA SE R HElM• N 1 ATHt_EEN k. / " ID A TURNER HINiER- IBSR 17 16 15 DAM. BI INC13 GARn7 in r Lq IF i TURNIP ROGER REN O ST ;ER-- - DAN I DUANE B - LAWRENCE EN D SHt LL - JANIGI ' ABE E ANDERSON BRo1N,J ,� &FIHEL 1 'KNIGHT JR J _ -- JAKE$ 92—e-- DONNAETHEI E THAYER 7 DNaJ.� a JILAwtEc! 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