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Home My WebLink About992005.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MATTHEW AND LINDA COLEMAN 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 Public Works Department, and Matthew and Linda Coleman, P.O. Box 351, Timnath, Colorado 80547, wilh 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 Wed 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 Matthew and Linda Coleman 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 9th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS 4.441"/ LD COUNTY, CO ORA O ATTEST: 11.5O i..��r✓ «O v `• e K. Hall, Chair Weld County Clerk to the B CUSED 1* bar J. Kirkmeyer,Po-Tem Deputy Clerk to the Board eorge er /'/ ..AP('ROrAS TO FORM: i �� . J. eile ' :bounty Attorney , C+1.702/ /r e-r Glenn Vaacfr Ev Aetna-A-- EG00038 (�) l NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 23rd day of July , 1999_, 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 Matthew and Linda Coleman whose address is P.O. Box #351, Timnath, CO 80547 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the east side of the section line between Sections 26 and 27 in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 33 for a distance of 3/4 mile south of WCR 114 and located as follows: 60 feet of right-of-way between Sections 26 & 27, T1 ON,R66W in the 6th PM 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 reasor,. 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 rotice 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 prescribed by First Party, which manner shall include, but not be limited to, the following: 11111111111111111111111111 �IIll 11111111111111 liii IIII 2717121 08/30/1999 03:05P Weld County CO 992005 1 se 8 R 0.00 D 0.00 JA Suki Tsukamoto 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 th.e 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. 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 he 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 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 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 111111111111111111111111 IIII IIII 1111111 III 11111 IIII IIII 2717121 08/30/1999 03:05P Weld County CO 2 of 5 R 0.00 D 0.00 JR Sulk! Tsukamoto 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, shawl 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. 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 through the BOARD OF COUNTY hNN I / 4% COMMISSIONERS OF WELD COUNTY, �� - COLORADO ATTEST: / ' Clerk to the Board ci(�r� By: cP.d : G A .. "s (At 49 B . — Deputy Clerk v r \ � Dale K. Hall Chair (08109/99) Page 3 of 4 Pages 11111111111111111111111 III 11111111111 2717121 08/30/1999 03:05P Weld County CO 3 of 5 R 0.00 D 0.00 JA Sukl Tsukamoto SECOND PARTY: By: .. Title: ow /a,e_;), A TSUBSC FED AND SWORN to before me this� —day of 19 y 7, By iOill7 WITNESS my hand and official seal LAvit, )24_4, Notary /2 o/ ON SEA IyO 1 My commission expires: /'/ �000 ,t` ' C3:k't y NOTARY .► • sit PUBLIC r J� OF Page 4 of 4 Pages 1 111111 11111 111111 111111 III' IIiI 1111111 III 111111111 I'II 2717121 08/30/1999 03:05P Weld County CO 4 of 5 R 0.00 D 0.00 JA Sukl Teukamoto r� ' I ;(TERRY ` , (I��NTER C` J —' r `» GRAZING w 3 2 6 4 3 TERRY AS co 2 1 ( °_- 5 H• ASSN. a GRAZING i 1 z T s ASSN. BAUD F\ L TJP rn J — - /� f �_— 132 f V — v LAZY D DONALD 9 TA ,:ii STATE STATE GRAZING DELORES B 9 10 II 12 7 9 10 FRANK I 17r e J, ASSOCIA- STAT HORTON DORD L. T ION , HORTON �T I� o� � THY .X j; /— a Ov LAZY ✓TERRY , v� GRAZ NG `� 17 16 15 14 13 LAZY IH IT 16 15--ASS►{.14 1 I" D GRAZING OGRA- 1-7 / ZING 1 1SASSN. ASSN. . � ._ . . 128] ✓� STATE DONALD K. RAYID 'TATE PAUL 'BLAKE e a L. JEAN DE PD LIND 8 ReC.;INO y 23 24 19 TEHEOK 4 - -- - 'I 2 24 1 C DWICK SONS, CHARL1•TBTA 1 Y� WARD WILs01 1 - c—� MAN Err INC. 11261 �126 . . . - ..\ t CITY of -'LBN. LBM. -r"„\T�� r N.D. OPEL ` LA Y D USA RAYMONDJ., �,FT COLLINS ITHOMA'THOMA eZ M.CHAD PRANGE WICK GR ZING 10 WATER/ 1 trustees8-----\ w E• etal IZ 29 1 8--\� m 25 30 ,r 29 28 27 26 25 WASTEWATER (BEATRICE \E � G 0 of JAMES E. = ar„ DE PORTER AS \CIA- !n 1. urlu rY GRaAIMS U\1A •• q�i' _ BERNICE 85 RANCH,IN TII_- ___ _ /I 1112a� , _ - _ ROY A, \ JUNE H. '.i STATE LAZY D EB RAYMOND J. J STATE 1E 3 ,1 1-�a - DIEHL LEHR Ire a GRAZING PRANC 34 35 K /' z q 35 36 31 o� 32 1 33 300RIs �I ASSOCIA- A N IFo I DRECH TION EB _ _ _ c 1 1 �.. - 12elal . . . . - . . . . - I LL \ reH DL. Jale MORN I TIMOTHY r. - _ RAYMOND -- USA rI22 '` r CONE GRA' s ISDN ff ww a1Jw TRACY -7J.PRANG }I t 5 D n -PKCE I ^ot a rc 5 3 I II 1 I. OYO HILL TOMA ROST aA craw LAW-- w - m C 1 COLORADO J USA it t 1_ 1 � e ,HILL _ _ - _ - _ _nuo , _ - _ LAW- RENCE rN I� _ ItrEtC1�TWUCZ S _J IOl0 IBRBI2711/• H1 p 1 / TIMHY L ` -- I - :M o W 1=�m° i„to,L_.f" . SA _ DE TRY `--7 - _ 9IYIH �.: J ,r oAM SS mJ �n-_ J\t 1 DE PORTER STATE USA RAYMOND J. `� !�� s 'LIPS 0 1 RANCH INC. PRANGE US i LLOYD H �)- cco ua-14a 13 1: 1 7 16 - 15 etal 14 13 7 LLOYD 16 >• a 1 2 1 SHIRL 1 LARRY NORIT Y�1- MHOMAS1E E <4 a 1 _o4 1 :GONE ROMA• P trustees THOMAS £x e-\ xm 17 s„�- 1 J -- --- 1160 1. _— — e fl00.6 JR MA HEL J.9B 9 Ir K.EUGENE �—e —1 L �' M.J. DIEHL JUNE H. m W ILIARY MONO :HUTCH- MORR I"4 I- : DIANA M. II I' ,y,. H SONS, LEHR 2� �rl ILSON RMS II SON (SON E AYE RS •' 21 aw°° al 3— 1 J.R. 9 1 21 IBIRUCE 22 23 JB I. 4 INC. 20 ire M H.M.R CC j= DONALD W. DIAM• DW 10;� IILEE . RENCE I✓— `. - B.fl. wau 1 HUTCHISaN FARMS ow_R IIBREWE- DIEHL SJu) � __ JJ— m . . . . . . . . . .� ►�] e% ----- HAROLD USA DAH ` 1 ,�, STATE ROBERT THECMA I MAR ENE / I HILL 'kiUTCHISO -. 6 29 28 27 DAT`H-c ' DAS 25 3STA ,1 29 28 DENNY � �•'DAG 25 1 ^,c.. \ ' DE PORTER :.••IUTCH RANCH INC. _ US 'n 0.. II, -MN _ _ 1 , USA_ �` - 112 r•l. M.J, >I JANET r DorvAL ie �I A—r STATE LH 'Nob y DIEHL 8 Dav I HAINEsa aN "SON 32 33 1ti 35 36 J iiRRe tTL'. SCAM. . M0IcREGR._ wl- REEVESR. BITT— 1 DAU HILL NEN 1 U ,,i helot 1 4I USA DAJ 110 ..Y 5 17 19 21 23 JOINS 125 MAP7 L27 29 31 33 35 37 w LA+ a 'd- oi ms V e 1 111111 11111 111111111111 1111 II 1111111 III 11111 111 11ll e 2717121 08/30/1999 03:05P Weld County CO 5 of 5 R 0.00 D 0.00 JA Sukl 7sukamoto C Hello