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Home My WebLink About20000299 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -OMAN 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 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 Robert D. Oman, P.O. Box 280, Fort Lupton, Colorado 80621, 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 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 Robert D. Oman, 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 7th day of February, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lill '� �� !..� �► ,1 1,c a Barbara Kirkmeye , Chair Weld County Clerk to t V 1ij. S,=Q �qq M. J. Geile, Pro-Tem BY: l� t►•, fir , •t SCI Deputy Clerk to the Boar. - ` V EXCUSED George E. Baxter APPROVED AS TO FORM: 7� Dale K Hall, Z— /2 / -G6 nu ty Attorney ((`/„ -47, Glenn Val ids, CA, (3n«-), (-7C),6/c. 2000-0299 EG0039 GP-PO NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of .Janar , 2000, by and between WELD COUNTY, COLORADO, by and through the Board of aunty Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Robert D. Oman, whose address is P.O. Box 280, Fort Lupton, CO 80621, as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the Southeast Quarter (SE'/) of the Southwest Quarter (SW'/4) of Section 1, Township 1 North, Range 66 West of the 6`h P.M., Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as approximately 150 to 200 feet of Weld County Road 12, east of WCR 35, and located on the section line between the Southwest Quarter (SW%) of Section 1 and Northwest Quarter(NW'/) of Section 12, Township 1 North, Range 66 West of the 6'h P.M., 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 any 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 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 be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Coloradp Rules of, Civil Procedure. Second Party shall have the duty of informing First Party of Secohd Party's 111',J change in address from his address written above. Page 1 of 4 Pages AIM 11111 111111 111111 1111 MI I'MMI'I III 111111111111 2749960 02/16/2000 09:10A JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO a000-oa99 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 he 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 Second Party. 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 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 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 Page 2 of 4 Pages HBO 11111 111111 111111 III 111111111 I'll 2749960 02/16/2000 09:10A JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 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. 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. Tt 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. Page 3 of 4 Pages 111111111111111111 fill IIII till 111111 III111111111IIII 'A ntt R 0 9d0 �O D 0.00 /20WedCounty COukamoto 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, LA/ I ��'� COLORADO ATTEST: r P/4,1 w10�' Clerk to the Board 111�arr�� • By: (o % C/u4_ co• — FryA Byi; +G 4u Deputy Clerk ® �` arbara J. Kirkmeyer, Chair 9})907/ec SECOND PARTY: Yr 04- Robert D. Oman SUBSCRIBED AND SWORN to before me this 2.?+1 day of \"7?G' d r/,4000. WITNESS my hand and official seal / Notarblic My p lI — 2O —20 / ��pRY..... commission expires: lam:�'" KIRK j GOBLE tfr. F CO\� � 1111111 111111 1111 IIII Hill 1111 Ill 47of960 4 Ft 0.00Z000 El 0.00 9:10A JA Suki Weld County CO Page 4 of 4 Pages J.L. SEARS & ASSOCIATES VI:* INC. REAL ESTATE Kirk Goble, ALC, CLS ColareeilBroker PUBLIC WORKS DEPARTMENT PHONE: (970) 356-4000, EXT. 3750 140 Denver Avenue FAX: (970) 304-6497 "" Fort Lupton,Colorado 80621 ,' 1111 H. STREET ® Office: 303-857-2930 Fax: 303-857-4403 970-689-1618 mau: Idrkg@Ml.cam P.O. BOX 758 "FAI TO"" I' + el I January 18, 2000 GREELEY, COLORADO 80632 4 a ,wort 4. YtR:4 Robert D.Oman P.O.Box 280 Fort Lupton,C 80621 RE: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way Dear Mr.Oman: This letter is in response to your letter dated January 3, 2000, regarding the portion of Weld County Road ("WCR") 12,east of WCR 35. It is my understanding from your letter that you wish to upgrade approximately 150 -200 feet of WCR 12 in order to gain access to property you intend to buy and which is described as the Southeast Quarter of the Southwest Quarter of Section 1, Township I North, Range 66 West of the 601 P.M., Weld County, Colorado. Certain equipment junk,and other debris is located within the right-of-way and will need to be removed mallow for the upgrade Your letter reveals that you intend to upgrade the roadway and then request that the Board Of Comity Commissioners accept the roadway for maintenance. Enclosed is a document entitled, "Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way." This License Agreement is necessary to allow you to perform the upgrade and requires you to maintain the roadway until such time as the Board of County Commissioners is requested and decides to accept the same for maintenance. It also requires you to either remove or seek the removal of the equipment,junk, and debris..Please be advised that the Board of County Commissioners approval and signature upon the License Agreement does not constitute acceptance of the right-of-way for maintenance. Rather, such acceptance must be requested.I',yot*upon completion of the_upgrade in accordance with the requirements of Section 20.0 of Weld County Ordnance 180, as amended. If you shoidd have any questions regarding the enclosed, please feel free to call me at(970) 356-4000,extension 3750,or Bruce T.Barker, Weld County at(970)356-4000, extension 4390. Sincere! rank Hempen, Jr., P.E. Director of Weld County Public Works FH:BTB/Let/Oman.wpd Enclosures ,T6a) -6)-Q`79 E(400;29 Hello