The URL can be used to link to this page

Browse Search

Home My WebLink About20001680.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -JERRY AND PATTY FEATHER 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 right-of-way 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 Jerry and Patty Feather, 875 West Berry Avenue, Littleton, Colorado 80120, 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 right-of-way 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 Jerry and Patty Feather 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, adoptec by the following vote on the 12th day of July, A.D., 2000. BOARD OF COUNTY COMMISSIONERS JJ4/ / WELD COUNTY, COLORADO ATTEST: r /7----721A � , , L Barbara J. rkmeyer, Chair Weld County Clerk tot ! :71,7 1 0 e ! ,7, `/� .e eci i n, M. J. ile, Pro-Tem Deputy Clerk to the :��" ��N 'y r- -2 George€'Baxter APPROVgD AS To/O2M: Dale K Hall --- 2 unty Attof ndy / AZl.�.A Glenn Vaa --- 2000-1E:80 [re: /O.4 / &) /9/0,0L EGO(.39 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE_ AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this_ 12day of July,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 Jerry L. Feather and Patty A. Feather whose address is 875 W. Berry Avenue, Littleton, CO 80120 , as Second Party. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at the west side of the N'/' of the NE'/a, Section 15, Township 2N, Range 64 West of the 6"' P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 57 for a distance of 1/4 mile, beginning 3/4 mile north of WCR 20 and located as follows: 30 feet of right-of-way on the west side of the east property line of the N% of the NE% of Section 15 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 so e 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 aid 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 .try time for any reason,but such revocation shall not prohibit Second Party's continued use of the R( 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 he sent to Second Party by Certified Mail to its address writ ten above or served upon Second Party in accordance with the Colorado Rules of Civil Procediue. Second Party shall have the duty of informing First Party of Second Party's change in address fi o n his address written above. Page 1 of 4 Pages 1111111 111111111111 VIII 11111 IIII IIIIII III HMI I'll 2782094 07/21/2000 04:28P JA Suki Tsukamoto 2000-1680 1 of 4 R 0.00 D 0.00 Weld County CO 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 fol'.owing: 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 io supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the castle 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 pri vat( 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 as part of the maintenance responsibilities referred t, 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 c 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. Page 2 of 4 Pages 1 11111111111 1111111 11111 11111 1111111111111 11111 IIII IIII 2782094 07/21/2000 04:28P 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 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 wii h 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_ tern t,, conditions, or obligations referring to the subject matter whereof other than as contained herein 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 si h terms or provisions, to a person or circumstances other than those as to which it is held invalid I rr unenforceable, shall not he 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 corstituie 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 whica did not previously exist with respect to any person not a party to this Nonexclusive Licensc 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 1, 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 al I the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. Page 3 of 4 Pages 1111111 11111 1111111 11111 11111 IIII 111111 III 11111 2782094 ' o III11IiI 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. by and through the BOARD OF COUNTY L'Ill COMMISSIONERS OF WELD COUNT Y. ' COLORADO Clerk to the Board I v / Deputy Clerk y Barbara J. Kirkmeyer , Chan' • (-`N ''(07/12/2000) , SECOND ARTY: J j C., 4i BY: i __ Title: SUBSCRIBED AND SWORN to before me this 5th day of July 21)00 By Jcrr1 L. Feather & Patty A. Feather. N : OWAWM,ilt.ly hand and official seal : N v Public ;e OP cO IldrOrmlission expires: 2/09/02 MAW l'TAJ f5VGRLINoMmkWtIllICI(X wrn Page 4 of 4 Pages 1 111111 1101 11111111111111111 1111 111111 11111111 IIIl I'll 2782094 07,21/2000 04:28P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO 0 RICHARD 84 J G ( },,.. CHARLOTTE rl i HARKI$ o '' - {fit aRD E. J RICHARD & L '• E'!.:1 IS CHARLOTTE L % • l -lARKIS -• ' •i. 12-8 9 10 -I 1 - - .'s. . M A R O;J- _ ;s•~ + • 1--E' rc0 • SLOA N STATE OiLi .1,4;77l STEVEN C. `° LAWRENCE E. �-� LIMITED 2 fie . . ,, �,13ALV1N GERKIN eta! • STEv PARTPJER- c , • GRAY Kew°a SHIP m • 032- 17 16 � a w I5-4 , .-1:- , , 14 13 ;r. O Nis f F,H,A. TCc z ` (7 Z H �ii� ...d•-fr., TCF . - TCL L.E s C.A. FREDRIC • GREELEY DORCUS MARC D. 5 j/ 21D GEFKtN Li.. t SHARON L. � NATIONAL SCHMIDT SHERI L. �1 # E a / I MINNE . ' BANK, SIRIOS 0 cn 1 4 W _ TRUSTEE TCH etas �v D r. , E 20 cc 'd 3 21 I 22 �a 3 2� TAMES L a STANLEY a= FRANZ E? HELENI. 't ;AL Y "I Co JOHN H. a ELMER J. TCKj SIRIOS� Yt Cc—JQ� • NEVA R. KAUFFMAN GINGERICH � 6. �, ARNUSCH A {{ •� i' EE KELLER et al c I—' H.E. cU • - w w •. w w w w w • w w w w w c-.,:...., w ' } *SHAKLEE et of gGC TCN JAMES• m ,_� I TRAC CV M I8] . AVID '7 & a HELEN c '2, ROB G , IARIE K. BELL 1J.RIE5 - PIP FIN etar �' �. P,1IIL V j J C a. 2Q `''.....L....2. r 27 ,'m d /� • �- cs1 �KEENESBURG 25 CRIE!,0 I r -►'r �� u 1ANN A ..� I T 'I JOHN B. l■seo_,TE BRNAK WALTER R. !qo F TRACTS • SHAQRON ■IhT_RNA�10N- CRAIG m / °4 PARKER ' aRouP , 1�� Is J e. a, �w ,i 4, VA CIA =R TCR —i /\« =J� car T_= ors • - - w w - my, 16, MARILYNN A. )N A 6, DONALD ROBINSON • ' • • DONALD L. WILLIAM H. HI A A etas AM M co RICHARD z SLOAN HOFF I . V 'NCKIER z r . cr SHIRLEY F. -.• et al a=z I I 5'GTE GAME, •--33 >c. I—_,N 35-E FISH 9 JAMES L. cI W W IY M ROBERT A.B Q 36 Oe REMER CO— SHIRLET P. 2 LAKES MALE OS Ti FRITZ Q a ERNEST J. .; PARKS etal "'iQ:v74 4 z in SHARP,JR. - a comm _ Q D 53• 55.JOINS MAP 41 57 59 61 .505 4 0 O .0 0 3 i -1-----' J em-v,g v`(! _ } I /(,4. i.4 /Vf;JX '`' ' ,-( Ail.] 1 -1 • o j 3 p,,'A n/D br-G�/ PAZ 4P x s • �; 1 a 3 4 IV l 4.0g•if 4 4:.;",24:;..1.4- fii . ..2 -Z-04; laE- 0;40.7.4- ;-/1 4 TT•( E•W P-4 4n s'F. J •1 � �JN' I • 1.1.n li i5 k r • t ''r ?�R t Ti-'I r' l/�/¢� €Dr; �J 1s — 4 1 t :.1 .a. Lai;s kc ace, a (... M 4-k_k_. Lil A, S E,it,__: . • . •: ...... j'i. -.,::, . r � 441,11 MEMORANDUM DCTO: Clerk to the Board DATE: July 7 20( • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works ounty Engircer SUBJECT: Agenda Item Please submit the enclosed item for the Board's June 12, 2000, agenda approval: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Jerry L. and Patty A. Feather The appropriate documentation is attached. Enclosures pc: Drew Scheltinga, Engineering Division Manager .;xxJ !GPa Hello