HomeMy WebLinkAbout20003178.tiff RESOLUTION
RE: APPROVE LICENSE CONTRACT FOR POUDRE TRAIL ACCESS AND AUTHORIZE
CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION
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 License Contract for Poudre Trail
Access between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Colorado Department of Transportation, with terms
and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 License Contract for Poudre Trail Access between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Colorado Department of Transportation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: 44/ �, E ,/ iw 'i �_�C/4--
! ��'"��%' Barbara J. Kir eyer, Chair (/
Weld County Clerk to B<-
7
Cal M. J. e, ro-Tem /x J BY: -./�_. • 1 C/
Deputy Clerk to the ���*:� � x
j� /. orge Sf
Baxter
ApPROV D AS TO M: L�
/ Dale K. Hal
o ty Attorney ,�/,�✓t//iE
Glenn Vaad
2000-3178
PR0018
LICENSE CONTRACT
THIS LICENSE CONTRACT, made this day of , 2000, by and
among the State of Colorado for the use and benefit of THE DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "State or CDOT," the State of Colorado for
the use and benefit of the County of Weld, a body corporate and politic of the State of Colorado,
whose address is P.O. Box 758, Greeley, CO 80632,hereinafter referred to as the "Local
Agency."
WHEREAS, required approval, clearance and coordination has been accomplished from
and with the appropriate agencies; and
WHEREAS,the State owns certain property,hereinafter referred to as the "States Right-
of-Way," which is used for Colorado State Highway 257 ("SH 257")right-of-way; and
WHEREAS, the Local Agency is currently constructing a non-motorized trail, as defined
by C.R.S. § 33-11-103(4), as amended; and
WHEREAS, the Local Agency desires to construct a portion of the trail within the State's
Right-of-Way as an access point and to allow for the crossing of SH 257; and
WHEREAS, the Local Agency has requested permission to construct the trail to allow for
non-motorized trail traffic to utilize the State's Right-of-Way as shown on the attached plat
("Poudre Trail Access"); and
WHEREAS,the State desires to allow the Local Agency to use the State's Right-of-Way
for construction and use of a trail access, as described herein, subject to the terms and conditions
of this agreement; and
WHEREAS,the Local Agency recognizes that the State must retain the superior right to
use the State's Right-of-Way for highway purposes, and the Local Agency desires to agree to
relinquish the use of such right-of-way without any cost or liability to the State, pursuant to the
terms of this License Contract; and
WHEREAS, the Local Agency shall perform the construction and pay for the cost of the
Poudre Trail Access; and
WHEREAS,the State and Local Agency consider it to be in their mutual interest to
cooperate in and to agree upon certain responsibilities with regard to performance of the Poudre
Trail Access; and
WHEREAS, this License Contract is executed by the State pursuant to the provisions of
C.R.S. §§ 43-2-103 and 43-2-144, as amended; and
Page 1 of 6 Pages
2000-3178
WHEREAS, the Local Agency has executed this License Contract under the appropriate
authority.
NOW, THEREFORE, it is hereby agreed that:
A. Use of the Poudre Trail Access will be limited to bicycles, pedestrians, wheelchairs,
horseback riders, and other non-motorized users.No motorized vehicle use will be
permitted, with the exception of motorized vehicles necessary for maintenance of the trail
and any utilities within the corridor for the trail, emergency vehicles and emergency
access.
B. The Local Agency shall be solely responsible for the construction of the Poudre Trail
Access in accordance with the attached plat. The parties further agree that the Poudre
Trail Access is considered to be temporary pending the completion of either an underpass
or overpass to cross SH 257, and that the parties shall cooperatively work to install traffic
warnings on SH 257 which shall be in place until such time as said underpass or overpass
is constructed.
C. The Local Agency shall ensure that construction of the Poudre Trail Access by the Local
Agency shall meet or exceed State standards.
D. The Local Agency shall be solely responsible for all costs of the Poudre Trail Access
including,but not limited to, costs of design and construction of the Poudre Trail Access.
E. The Local Agency shall be solely responsible for the operation and maintenance of the
Poudre Trail Access within the State's Right of Way. Except for damage caused by the
State or its agents, the Local Agency shall be solely responsible for any damage to the
State's roadway, structures and/or associated facilities caused by such operation and
maintenance. Such damage shall be corrected in accordance with the State's standards at
the Local Agency's sole expense.
F. The Local Agency shall be solely responsible and liable for any and all claims, damages,
liability and court awards including costs, expenses and attorney fees incurred as a result
of the operation or maintenance of the Poudre Trail Access within the State's Right of
Way, unless caused by the negligence of the State or its agents.
G. The State will provide liaison with the Local Agency through the State Region
Transportation Director, Region 4, located at 1420 2nd Street Greeley, CO 80631.
H. Notwithstanding any review or consents given by the State for said Poudre Trail Access,
the State shall not be liable or responsible in any manner for the design details or
construction of the Poudre Trail Access.
Page 2 of 6 Pages
The State hereby grants a license to the Local Agency to use a portion of the State's
Right-of-Way, as shown in the attached plat, for the Poudre Trail Access. The sole
purpose of the license is for the construction and maintenance of a recreational trail to
allow for non-motorized traffic to access the State Right-of-Way so as to cross SH 257.
The State grants the license subject to the conditions stated herein.
J. The Local Agency recognizes that the State must retain the superior right to use the
State's Right-of-Way for highway purposes and that the Local Agency's use of the State
Right-of-Way, as shown on the attached plat, is at all times subordinate to and subject to
any and all current and future roadway operations,maintenance and State highway needs
and purposes, as determined by the State in its sole discretion. The Local Agency agrees
that this license is limited in scope, use, and time, as described herein. The license
granted herein is a personal right of the Local Agency, and vests no property interest in
the State's Right-of-Way to the Local Agency. The Local Agency agrees that this license
is revocable by the State at no expense to the State pursuant to the following provisions:
1. The State may revoke this license, and the Local Agency shall relinquish all use
of the State's Right-of-Way without any cost or liability to the State whenever the
State, in its sole discretion, determines that the State's Right-of-Way is required
for any emergency state highway purpose. The State has the right, if it determines
that an emergency situation exists, to terminate this license, to stop construction
of the Poudre Trail Access, or to close the Poudre Trail Access, at any time to
protect public safety, to facilitate transportation activities, or for other highway
purposes.
2. In non-emergency situations,the State may revoke this license and, in that event,
the Local Agency shall relinquish the use of the State's Right-of-Way without any
cost or liability to the State within 180 days after receipt of written notice from the
State that such right-of-way is needed for current or future roadway operations,
maintenance, or other State highway needs and purposes.
K. The State shall obtain any required proper clearance or approval from any utility
company or ditch company which may become involved in this project, by separate
agreement between the State and such other entity, if necessary, as determined by the
State.
L. The Local Agency shall maintain and operate the improvements constructed under this
License Contract, at its own cost and expense during their useful life, in a manner
satisfactory to the State, and shall make ample provision for such maintenance each year.
Such maintenance and operations shall be in accordance with all applicable statutes and
ordinances, and regulations promulgated thereunder,which define the Local Agency's
obligation to maintain such improvements. The State may make periodic inspections of
the Poudre Trail Access to verify that such improvements are being adequately
Page 3 of 6 Pages
maintained with respect to protection of the State's Right-of-Way. In the event that the
Poudre Trail Access is not maintained in an appropriate manner, as determined by the
State,the State reserves the right to perform maintenance actions deemed necessary by
the State and to bill the Local Agency for the costs of such maintenance actions.
Additionally, if at any time the Poudre Trail Access is determined to be obsolete,
unnecessary, or a threat to the safety of the traveling public, the parties hereto shall
immediately negotiate the most appropriate and mutually desirable course for removing
the Poudre Trail Access.
M. In the event the portion of State highway adjacent to or over the improvements
constructed under the Poudre Trail Access is widened, the Local Agency shall take all
reasonable actions to provide the funding necessary for any required relocation or
reconstruction of the trail. The State will provide the Local Agency the opportunity to
review and comment on State plans for widening.
N. The State hereby reserves the right to revoke the use of State's Right-of-Way by the
Local Agency in the event the Poudre Trail Access is not used as intended or if the
Poudre Trail Access is found to be detrimental to the highway or its structures.
O. Notwithstanding any review and concurrence with the Poudre Trail Access design plans,
the State shall not have any liability for the construction of the Poudre Trail Access or for
any act or omission by the Local Agency in said construction. Likewise, the State shall
not have any liability for the maintenance and use of the Poudre Trail Access or for any
act or omission by the Local Agency in said maintenance and use.
P. The parties hereto agree that this License Contract is contingent upon all funds designated
for the work herein being appropriated and made available from the Local Agency.
Should the Local Agency fail to provide necessary funds as agreed upon herein, the
License Contract may be terminated by either party. Any party terminating its interest and
obligation herein shall not be relieved of any financial obligations which existed prior to
the effective date of such termination.
Q. The term of this License Contract, except for provisions regarding maintenance, shall
continue through the completion of the Poudre Trail Access by the Local Agency with
concurrence from the State. The covenants with regard to maintenance of the
improvements constructed under this License Contract shall remain in effect in perpetuity
or until such time as the Local Agency is, by law or otherwise, relieved at such
responsibility.
R. This License Contract shall inure to the benefit of and be binding upon the parties,their
successors and assigns.
Page 4 of 6 Pages
S. The Local Agency represents and warrants that it has taken all actions that are necessary
or that are required by its procedures, bylaws, or applicable law, to legally authorize the
undersigned signatory to execute this License Contract on behalf of the Local Agency
and to bind the Local Agency to its terms.
T. This License Contract contains the entire agreement and understanding between the
parties to this License Contract and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification, amendment,
novation, renewal, or other alteration of or to this License Contract shall be deemed valid
or of any force or effect whatsoever, unless stated in a writing duly signed by both of the
undersigned parties.
U. It is expressly understood and agreed that enforcement of the terms and conditions of this
License Contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties, and nothing contained in this License Contract shall
give or allow any claim or right of action whatsoever by any other person or entity not
included in this License Contract. It is the express intention of the undersigned parties
that any person or entity other than the undersigned parties receiving services or benefits
under this License Contract shall be deemed an incidental beneficiary only.
V. No portion of this License Contract 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 License Contract be deemed to have created a duty of care which did not previously
exist with respect to any person not a party to this License Contract. The parties hereto
acknowledge and agree that no part of this License Contract is intended to circumvent or
replace such immunities.
Page 5 of 6 Pages
IN WITNESS WHEREOF,the parties hereto have executed this License Contract the day
and year first above written.
STATE OF COLORADO
ATTEST: DEPARTMENT OF TRANSPORTATION
DOUGLAS W. BENNETT WILLIAM F. REISBECK
CHIEF CLERK FOR THE RIGHT-OF-WAY CHIEF ENGINEER
COUNTY OF WELD, a body corporate and
ATTEST: g���'�l�o/01/71 politic of the STATE OF COLORADO
CLERK TO THE BOA' ►.J E
�� a4Q -✓ /1zG-�G�
Deputy Clerk to the BR ` 4.<(..1,76), 1 / arbara J. Kirkmeyer, air, Boar of
'Or 1 County Commissioners of the County of
71\ %� Weld (12/18/2000)
Page 6 of 6 Pages
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