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Home My WebLink About961203.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY WITH RESCAR CLEANING CORPORATION OF CHANNELVIEW, INC., AND AUTHORIZE CHAIR TO SIGN 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 License Agreement for 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 Weld County Public Works Department, and Rescar Cleaning Corporation of Channelview, Inc., 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 License Agreement for 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 Weld County Public Works Department, and Rescar Cleaning Corporation of Channelview, Inc., 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 15th day of July, A.D., 1996. BOARD OF COUNTY COMMISSIONERS `� M4iLLWELD CO/UNTY, COLORAD iss, r r�el& S arbara J. Kirkmeyer„C air O ty Clerk to the Board Gv c. % � edrg . Baxter, P o-T CU gi - Deputy Clef to the Board D le APPRO AS TO FOR • 6 Constance L. Harbert o Attorney -� 1( fk) tat tie, 1 W. H. Webster Cc-: PR)) hsca' C A 961203 EG0035 47/5-7 LICENSE FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS LICENSE, made and entered into this 15 day of A.D., 199 , by and between WELD COUNTY, COLORADO, by and through the Bo d o ounty Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631, as First Party, and RESCAR CLEANING CORPORATION OF CHANNELVIEW, INC., whose address is 22400 East 1-76 Access Road, P.O. Box 218, Hudson, CO 80642, as Second Party. WITNESSETH; WHEREAS, Second Party desired to have improved access to property located in the North One-Halves of Sections 1 and 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way located as follows: Thirty (30) feet on either side of the Section Line between Sections 1 and 2, township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, extending north from Colorado State Highway 52 for approximately one-half mile, and WHEREAS, said right-of-way is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and maintain said right-of-way. 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 license to upgrade and maintain the right-of-way owned by First Party located as follows: Thirty (30) feet on either side of the Section Line between Sections 1 and 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, extending north from Colorado State Highway 52 for approximately one-half mile. The conditions by which Second Party may upgrade and maintain said right-of-way are as follows: 1. Second Party must place signs at the intersection of said right-of-way and Colorado State Highway 52 which state that the right-of-way is currently being maintained by Second Party. Said sign shall include Second Party's name, address, and telephone number. Said sign must remain in place continuously and without interruption from the first day said right-of-way is upgraded and maintained by Second Party until Second Party ceases said upgrade and maintenance. Second Party shall be given written notice of its intent to cease said upgrade and maintenance at least ninety (90) days prior to the date of cessation. Page 1 of 3 Pages 2510459 B-1566 P-87 09/11/96 02:58P PG 1 OF 3 REC D0C Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 961293 2. The upgrade and maintainance of the right-of-way by Second Party shall be done in such manner as prescribed by First Party. 3. The upgrade and maintainance of the right-of-way by Second Party shall be at its own expense and without the aid or use of Weld County funds. 4. First Party retains the right to revoke this license at any time for any reason. First Party shall give Second Party written notice of its intent to revoke this license 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. 5. 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 its upgrade and maintenance of right—of—way. 6. 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. 7. Second Party shall not assign any or all of its rights under this license without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 8. First Party does not in any way warrant or guarantee its ownership of the right-of- way which is the subject matter of this license. 9. Second Party agrees to include dust abatement as part of its maintenance of said right-of-way. Water, asphaltic emulsions,r+rriaoid, or commercially available chemicals may be used to control dust. In fulfilling its obligations hereunder, Second Party is responsible for using materials and methods not inconsistent with any federal, state, or local laws, rules or regulations pertaining to hazardous materials, health, or environmental protection. 10. Second Party agrees to remove and/or relocate, at its expense, any irrigation structures which may currently be located within said right-of-way in accordance with the needs and desires of the owners of said irrigation structures. Page 2 of 3 Pages 2510459 B-1566 P-87 09/11/96 02:58P PG 2 OF 3 961293 11. Prior to upgrading said right-of-way, Second Party shall obtain a survey performed by a professional land surveyor which shall establish the exact location of the section lines between Sections 1 and 2, Township 1 North, Range 65 West. It is mutually understood and agreed that this license 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 _ COMMISSIONERS OF WELD COUNTY, COLORADO COLORADO AT1HS1z �i? C1eryia*e Byy 4(tic �]l ,A,.e/7t0-!G lerk Barbara J. Kirkmeyer, Chair e0519(4., SECOND PARTY: RESCAR CLEANING CORPORATION OF CHANNELVIEW, INC. C By: �iT�'l'1"�►"4"V\/ Title: V'1 QC t i v c E 4 ;ici. el- f AND SWORN to before me this 3 1 day of �.J , 19q , By S'EBYe•I L . i?r-cua cial seal "OFFICIAL SEAL" Tn DANIEL R. MAD0CK a,..:_ticrp. i�'[�o Notary Public. State of Illinois My Commission Expires Jan. 26, 1997 Notary Public My commission expires:M,,,,,,,,,,,� voi mg7 2510459 B-1566 P-87 09/11/96 02:58P PG 3 OF 3 Page 3 of 3 Pages 961293 FOX AND GROVE CHARTERED ATTORNEYS AT LAW 311 SOUTH WACKER DRIVE/SUITE 6200 CHICAGO, ILLINOIS 60606-6622 (312)876-0500 TELECOPIER(312) 362-0700 SHAYLE P. FOX STEVEN L. GILLMAN 360 CENTRAL AVE./ST. PETERSBURG, FLORIDA 33701 MARK T. DABERTIN ANNALISA MARTINEZ-COOPER KALVIN M.GROVE WILLIAM HENRY BARRETT *M821-2090 TAMPA S. DOMEYER MICHAEL A. PAULL LAWRENCE M. COHEN ALLISON C. BLAKLEY SEAN J. FAHEY MARLEE ADAMS SNOWDON 500 EAST KENNEDY BLVD./TAMPA, FLORIDA 33602 5. RICHARD PINCUS JEFFREY E. BEESON (813) 223-7800 DAVI L, HIRSCH TODD a STEENSON RUSSELL N. KOFOED ROBERT M. MINTZ JOSHUA D. HOLLEB MICHAEL L. SULLIVAN JEFFREY S. GOLDMAN JOEL W. RICE 240 STOCKTON ST./SAN FRANCISCO, CALIFORNIA 94108 DANIEL A. KAZLAUSKI LYNN URKOV THORPE MARTY DENIS (415)956-1360 DANIEL R. MADOCK DOUGLAS M. WERMAN DAVID ZATUCHNI VIA FEDERAL EXPRESS June 7, 1996 Bruce T. Barker, Esq. Weld County Attorney's-Office 915 Tenth Street Greeley, CO 80632 RE: License for Upgrade and Maintenance of Weld County Right-of-Way Dear Bruce: Enclosed are duplicate originals of the Upgrade and Maintenance Agreement executed by an authorized representative of Rescar Cleaning Corporation of Channelview, Inc. I have made and initialed the minor change in paragraph 5 which we discussed. Very truly yours, Daniel R. Madock, for FOX AND GROVE, CHARTERED DRM:mmj Encl. 96i.2?N3 TO: Weld County Board of County Commissioners FROM: Bruce T. Barker, Weld County Attorney CoDATE: April 11, 1996 0 RE: Rescar Cleaning Corporation of Channelview, Inc. Request COLORADO for License Agreement On Friday, April 5, 1996, I received a call from Daniel R. Madock on behalf of Rescar Cleaning Corporation of Channelview, Inc. ("Rescar") regarding the company's request for a license agreement to privately use WCR 47, north of Colorado Highway 52. Rescar has purchased the property and business assets formerly owned by Rocky Mountain Railcar and Railroad, Inc. ("Rocky Mountain"), in Hudson, Colorado. Rescar proposes to conduct the same business operation on the site as did Rocky Mountain. In December, 1992, the Board of County Commissioners approved a license agreement for Rocky Mountain's private use of the roadway. A copy of the license agreement, along with its approving resolution, is attached. I have reviewed the license agreement with Keith Schuett, Dave Becker, and Drew Scheltinga. Keith wants the same language in the license agreement with Rescar as that which was in the license agreement with Rocky Mountain. Drew and Dave have no problem with the same type of arrangement. The Colorado Department of Transportation previously approved an access permit for Rocky Mountain at the intersection of WCR 47 and State Highway 52, and the access permit is transferable. It is my recommendation that the Board of County Commissioners approve a similar license agreement for Rescar. The only change I suggest making is to paragraphs 10 and 11. We will need to check to see if the irrigation structures referred to in paragraph 10 have been appropriately moved. I recall that there was a major concern over an existing water well which was located in the road right-of-way and Rocky Mountain had agreed to move the water well in order to get the road built. The second change I would make is to paragraph 11. I believe that Rocky Mountain paid for and obtained a survey which shows the exact location of the section line, which was in dispute in December, 1992. 2 ruse T. Barker Weld County Attorney 961.293 Board of County Commissioners April 1 1, 1996 Page 2. Approve Deny Schedule Recommended Action Recommended Action Work Session George Baxter Dale Hall Connie Harbert Barb Kirkmeyer Bill Webster I BTB/db:MemoBOARD OF COUNTY COMMISSIONERS/Rescar Attachment pc: Dave Becker Keith Schuett Drew Scheltinga 961293 RPR. 5.1996 12:30PM & GROVE N0.882 P.22 Fox AND GROVE CMART REP ATTORNEYS AT LAW 311 SOUTH WACKER DRIVE/SUITE 6200 CHICAGO, ILLINOIS S06O6-9622 (3,2)8760500 TELECOPICR(912)382-0700 SNAYLE P. FOX STEVEN L GHANIAN 060 CENTRAL AVE/ST.PETERSBURG,FLORIDA 39701 MARK T.pARERTIN ANNALISA MARTINE2-COOPER KALVIN H.GROVE WILLIAM HENRY BARRETT (013)121.2000 TAMPA S. DOMEYER MICHAEL A.PAULL LAWRENCE N.COHEN ALLISON O.BLAKLEY SEAM J.FAHEY MARLLE ADAMS SNOWDON SOO EAST KENNEDY DWD./TAMPA,FLORIDA 53602 PAV1 L. HIRSCH TOPP P.STELR9ON S.RICHARD PINCUS ROEJEFFREY C.BCESON RICE (013)223-7600 JOSHUA D. OLLE6 MICHAEL I..5ULLIVAN RUSSELL H.KOFOED ROBERT HINTL - JEFFREY L.GOLDMAN JOEL W. 240 STOCKTON 5T./SAN FRANCISCO,CALIFORNIA OAKS DANIEL 0.. KAZLAUSKI LYNN URKOV THORPE MARTY PENIS (415)956-1980 DANIEL R. HAC MADOCKCK DOUGLAS H.WERMAN pAVtC ZATUCNNI April 5, 1996 Via Facsimile (970) 352-0242 Bruce Barter! Weld County Attorney P. O. Box. 1948 Greeley, Colorado 80632 Re: Rescar OP-amine Corporation of Channelview, Inc. Dear Bruce: As we discussed earlier, our client Rescar Cleaning Corporation of Channelview, Inc. ("Rescar") is purchasing the former Rocky Mountain Railcar repair facility located in }WSW, Colorado. Rescar is a national railcar repair and maintenance company with its headquarters in Downers Grove, Illinois. In conjunction with the acquisition, Rescar wishes to continue to maize the access road that lads from Highway 52 to the facility. Resear is willing to fully accommodate the County by assuming the maintenance and upgrade of the roadway under substantially the same terms as those existing with Rocky Mountain Railcar. Please convey this request to the County Commissioners and inform me as soon as possible so that we can complete the acquisition and execution of the appropriate maintenance and upgrade agreement. Very yttruly yours, Daniel R. Madock DRM:pjt APR 5 ' 96 li :25 13123824325 PAGE . 002 961293 Hello