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Home My WebLink About991146.tiff RESOLUTION RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - ELIZABETH VIGIL 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Elizabeth Vigil, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Elizabeth Vigil 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 30th day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LLD COIJNTY,;COWRADO LV ATTEST: V+ a Dale K. Hall, Chair Weld County Clerk to th- 'o• 1861 .1 EXCUSED . �Or Barbara J. Kirkmeyer, Pro-Tem 7 �a gun Deputy Clerk to the ��0n ,��P�, EXCUSED DATE OF SIGNING (AYE) c� U e George Baxter AP C FORM: tip G- . J. Geile bawLC Attorney Glenn Vaad e 991146 Ca: EC; CA, ViyJ EG0038 05/27/99 11:39 NO.906 P002/005 9703522868 MAY=24-99 YON 11 .47 AM WELD COUNTY PUBLIC WKS7 FAX.9793522S68 PAGE '• RECEIVED JUN 0 7 1999 WELD COUNTY PUBLIC WORKS DEPT NONEXC LI ISIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAIN A THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into thin day of Jane -PLP1.1 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 E(h.foot&L. V; 11 , whose address is 3/n.8( C. i33-*e &yeti 'Thar-i,n I co go 241 .as Second party, WI'1NESSF H: WHEREAS, Second Party desires to more effectively access property located at .252 S'S' ()kg', (441 ess ,ss u¢ 6i its.Ada �-,-v u m/ in Weld County. Colorado, and I<eenesbK , G WHEREAS,First Party is the owner of the right-of-way known as tJCe tb_ APP Rox. 3/4 a c w M and located as follows: between $e!e*n-.i 2/ .-.',1281 jtWnsh4f I, .e 64 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 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. 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 of 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 prescriber) by First Party,which manner shall include, but not be limited to.the following: Page 1 of 4 Pages 05/27/99 11:40 NO.906 PO03/005 9703522866 1MAY:24-99 MON 11 :47 AM WELD COUNTY PUBLIC WXS? FAX:9703522868 PAGE 2 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. of 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. 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. 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 Pirst Party and save and hold it harmless from any and all third patty claims and damages that said upgrade and maintenance tally 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 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. Page 2 of 4 Pages 05/27/99 11:40 N0.906 P004/005 9702968 MAY=24-99 MON 11 :47 AM WELD COUNTY PUBLIC WXS7 FAX;9703522868 PAGE 3 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 outer 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 darned 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 Norexclusive 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 ponies 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. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and Sat through the BOARD OF COUNTY ,La 44 COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: h/ Cleric to the Board 1861 (''ce, ' By: /n.�f �- d%�i1)_ W A By:Deputy Clerk , U N'S Dale/K. Hall Chair (06/30/99) Page 3 of 4 Pages 05/27/99 11:40 N0.906 P005/005 9703522868 MAY 24-99 MON 11 :48 AM WELD COUNTY PUBLIC WKS7 FAX:9?03522868 PAGE 4 SECOND PARTY: /' mil/ r / By Title: SUBSCRIBED AND SWORN to before me this I) day of JUNE 19 ?I, By 1-c-i%4PJLflI L, 111 4( WITNESS my hand and official seal Notarymiitublic My commission expires: S 14 ' Wio j Page 4 of 4 Pages ot ‘>::, f PUBLIC WORKS DEPARTMENT , PHONE (970) 356-4000. EXT. 3750 FAX: (970) 352-2868 933 NORTH 11TH AVENUE P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO June 9, 1999 Elizabeth L. Vigil 3681 E. 133rd Circle Thornton, CO 80241 Dear Ms. Vigil: Weld County Public Works Department needs to have two items completed prior to scheduling the Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way (WCR 6). Please contact our office to verify the following items: ✓ 1) The length of section line right-of-way required to access the land locked parcel. /2) David Lucero of the Planning Department needs verification of your assigned address. This address is not being shown as assigned to the parcel. If you have any questions, I can be reached at (970) 356-4000, extension 3750, 7:00 a.m. through 3:30 Sincerely, itocsaa azfrsecce Donald Carroll Engineering Administrator DC/pjg cc: David Lucero, Planning Department rip fC;r, ' MEMORANDUM''"' rl TO: Clerk to the Board DATE: June 23, 1999 COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda hems Please submit the following items for the Board's June 30, 1999, agenda. Nonexclusive License Agreement for the Upgrade and Maintenance between Weld County and Elizabeth L. Vigil Approval for Road Maintenance and Improvements Agreement between Weld County and Vale View Development Company, LLC The appropriate documentation is attached. Enclosures pc: Don Carroll Hello