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Home My WebLink About20001314.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -WIGAARD/SMITH 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 Sherry Wigaard and Velois Smith, 1935 Weld County Road 55, Keenesburg, Colorado 80643, 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 Sherry Wigaard and Velois Smith 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 31st day of May, A.D., 2000. BOARD OF COUNTY COMMISSIONERS /4 / W D COUNTY, COLORIDO 444 • Barbara J. irkmeyer, hair ,L' pity to the Board q 1%1 �� r�,y� - I 271 v � . J. ile, Pro-Tem AD I to the Board - r. orge'E. Baxter APP D A RM: as Hall Att y Glenn Vaad 2000-1314 EO0039 /itMEMORANDUM WI I D TO: Clerk to the Board DATE: May 19, ?0)0 • COLORADO FROM: Donald Carroll, Engineering Administrator SUBJECT: Agenda Item Please submit the following item for the Board's May 31, 2000, agenda. Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way between Sherry Wigaard and Velois Smith, and Weld County The appropriate documentation is attached. Enclosures pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer 200 i 13"= • R1:-272() NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY 396 THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 19 day o i Mav, 200(1, by and between WELD COUNTY, COLORADO, by and through the Board of ('ounty Commissioners of Weld County, Colorado,whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Sherry Wigaard and Velois Smith whose address is 1935 WCR 55,Keen eshurg,CO 80643, as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at N2 NE4 of SECTION 28, TIN, R64W, of the 6 P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 6 for a distance of 52 mile and located as follows: 60 feet of right-of-way to the west from the intersection of WCR 55 and :WCR 6, between sections 21 and 28 TIN, R64W in the 6 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 hisiher/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;rangy. to Second Party,its successors and assigns,a nonexclusive license to upgrade and maintain ROW N ithoul 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. 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 Colorado Rules of Civil Procedure. Second Party shall have the duty o f 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 111111111111111111111111111111 11111 III 11111 Iill (III 2774395 06/12/2000 04:57P JA Sold Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO a. ROW shall be constructed and maintained as a graded and drained all-weather road Removal or seeking the removal of existing equipment, junk and debris locatec within ROW shall be the responsibility of the 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 reason-a ble 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 gale 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 items set fort 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 Pally 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 front 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 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 shal 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 represei itatior_. 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. Page 2 of 4 Pages 111111111111111111111111 ills 11111111111 III 11111 It IIII 2774395 06/12/2000 04:57P JA Suki Tsukamoto 2 of 4 R 0.00 0 0.00 Weld County CO 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. 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. 1 EDI1111111111111111111111111 11111 III 11111 IIII IIII 2774395 06/12/2000 04:57P JA Suki Tsukamoto 3 of 4 R 0.00 0 0.00 Weld County CO Page 3 of 4 Pages 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 COL N7 Y, COLORADO ATTEST: Clerk to the Board al♦1 // / Deputy Clerk J arbara S. Kirkm yerC., (;hair (05/31/2000) SECOND PARTY: By. k7A-y /2)Cr, :RhA/f4(�.c ,Sn^c _ _ Title: OwA Ate,/L S e SUBSCRIBED AND SWORN to bef. :.t is -/ — day of MCZrr l c By altjt/Ch/r • , 21 . ? ccLle . WITNESS my hand and offici.r1• •••••• DONNA J BECHLER /r/ ' /Ir H--)v` - `j/.'-('4/-/;4 ' 4j •......N '_ ublic1,.- OF Co'. My commission expires: My Caunka/on Expires April 10,2004 Y.\WrflIFMG ap4vu,.RDUCIUPWPU Page 4 of 4 Pages 1111111 IIIII 1111111 11111 IIII 111111 IIIII III IIIII IIII III! 2774395 06/12/2000 04:57P JA Sold Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO i;.r R K:) Lams W to m" on � � Er—IIa MICHELE R. 4 (JOHN M. �, N d Al2''N` - ^ —Y. �.14c0U CHAS & MICHELE sags rS,4CK ROBERT L IRVIN ""r ERBERT SMITH <rr " B APPER'e nor h WARNER el al =,, [WV(< vice a� 'HIRI �Y M. r R 9I El I f 52 '—rcw PANKOW Nuao � TIE PREZ rcMu PANKRAY Lt, o- L '_ND L. ' a I w w JOSEPH JAMES y o ao�ae""""es MARVI / l_AND - a - w BRNAK JOSEPH , BURT le'ceeR IS SHIF T A F o e101 0 S N �� ¢ I BRNAK c w w - —(STAND s -Eer Bap rya .� w v ] F TEN/ W p u) (n N L a ry J -JQ v a Q W Du) 9 -- to mwz ` L a R`„` ' ' DOUGLAS Y cc) z x I (—____T` STEVE A. z m I a "�,i, 12--- L wu�LN o -CLOVE)L ' a.B 'i mm -� I- K' I� �PASTELAK ANNA �� ANNA - z BSEREt arvo =m 4CC'' "' ~ F )OETEER E3 � = 1- CL wa"'wzaGEORGE (BRNAK Wo BRNAK w ?(Y ISTRIPPG zweeLE 1 ��fo- y w3 LH — - PATRICK J VCC � J �• U�GE.J- . . ' . . • -(8(0 _UC HHOL V _ANErn L. - / MME D. B WALKER I I- ROBERT M WILLIAM W. KENNETH rillIIICIC a ---- w Z /__ SWANK &SUSAN J. ALAN S. BRONALI mo3 —� m (STATE WARREN ALIBCE M. tIND4 L. la SUE z T. mN /A I� °o� w w SCHREI B-/ BURR" IGRABR � 1 .1 m /max 17 eo v 16 d _ a5 VOGEL ez� ♦` EDWARD & \' xza F w " 15 -, a STEPHiEN oorvaL[ mz ■a ROBERT L. o Et w > cc KR I \a'ICF MARGARET '1/47 c o WARNER w s a r z i KRIST,NE RICHARD Bus Z/ FOOS 1)-13 at o et al u w o o CHRE HEIP ANNA ▪ a a I a s '- 7' �, `/�' '� m u VOGE_- .BRNAK ELIZABETH ROBERT L '� I J -- • L —I m� - WEIMEF! WARNER i RODNEY = /M:CHA SAE EAGLE CZ o fOm re 1r m ELSIE B SYLVIA siwEn>fF « a..eta] o — •1ACK5011 ----___-_ FEAK TURECEK DONNA . FARM' P'0 o T D. l 21 2 2 23 - JOHN R. A� ROBERT N.B V 2 /KI NNE�H24 STEVEJE D E. MICHELMARLE Z N- m ,- H Bi eta' IJOHNNI4 STEVENS , x /ALICE NI STEVEN �DENVERI 00 JOGS IH- IJ er/ z8 I�I)GEL JAKEL LAUREL A. ! SHERRY a a a • - 0 � � GLEN S. PATRICK L <_, 'IRaL 3 B DAVID et01 o HMa_ CHRIS 8 B SHELLE •WIG SHELLANE D z�� BREICKLER m. 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CAP, L5. 23501) -- _ — --- _ 1i;o-oo 00'47 -- 2058.92 — l ---^ 21 Fs5T3d 1 n �' > LOTH RFs j-Urki ri U I �O ex,• W �. 5 Acc ' d Ex.srS1+ED . ¢x; • it ^ SEPT,c —74-3 '4i i Sr I ( ge,,;sr f �I �; $ ex N� WRTER RI lit- — - dl lveL, CI ll x , CI z" 1935 d WELL ��F��/\ RE • IS7-%NG- . I C . 0 NC-CI( C-C I Fo✓n E ( P C�'(v�C 0 �� X I ! - 30' 2 ' 1 R ellef� 3n• I D it) I 2640• +/- it CENTER-NORTH 1/16 CORNER NORTH 1/16 CORNER I SECTION 28. 6-1V/H SEC. 26 6: 27. (rioT FIELD VERIFIED) (HOT FIELD VERIFIED) I ICI 1 " = 300 ' i I Iii Hello