HomeMy WebLinkAbout990781.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR ENCROACHMENT WITH TWO RIVERS
PARKWAY ROAD PROJECT AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE
COMPANY OF COLORADO
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 encroachment
with the Two Rivers Parkway road project 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 Public Service Company of Colorado, 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 encroachment with the Two Rivers
Parkway road project 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 Public Service Company of Colorado 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 12th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
Lvj* ELD COUNTY, ' L ADO
ATTEST: �7 /��,� a e K. Hall, Chair
Weld County Clerk tot B.
iso1 ' EXCUSED DATE OF SIGNING (AYE)
Barbara Kirkmeyer, Pro-Tem
Deputy Clerk to the eirt'AP
George r axter
APPIOV D S TO FORM:
. Geile
my Att rne'C
Glenn Vaa
11 990781
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_ PUBLIC SERVICE
COMPANY OF COLORADO'"
/ ANEW CFNIVRY ENERGIES:OMYANY
Siting and Land Rights
550 15th Street, Suite 700
Denver, Colorodo 80202-4256
Telephone 303.571.7799
Facsimile 303.571.7877
March 31, 1999
Mr. Don Somer
Weld County Public Works
933 North 11th Avenue
P.O. Box 758
Greeley, CO 80632
Re: License Agreement, Section 20, Township 5 North, Range 66 West
Dear Don:
Please find enclosed (2) two original copies of the License Agreement for the encroachment with
the Two Rivers Parkway road project that is located on Public Service Company easement right-
of-way in Section 20, Township 5 North, Range 66 West.
Please have both copies of the License Agreement signed and re-turn both copies to me. I will
forward you a copy of the license agreement after it has been executed. If I can be of further
assistance at this time, please contact me at 303.571-7292. Thank you.
Sincerely,
/- 2
H Swinhart, Agent
Siting and Land Rights
990781
•
2/99
Investigation#: 99-033 Attach To Document#: 87271
LICENSE AGREEMENT
This LICENSE AGREEMENT ("License") is made this 29th day of March, 1999 by and between
PUBLIC SERVICE CD. OF COLORADO, a Colorado Corporation hereinafter called "Licensor," and Weld
County Public Works hereinafter called "Licensee."
RECITALS
A. Licensor is the owner of an easement or right-of-way for utility facilities (the "Premises"), and
desires to protect the facilities located thereon and preserve the future use of said easement or
right-of-way, which is more particularly described as follows:
A right-of-way, seventy five feet (75') in width, located in the NW1/4 of Section 20,
Township 5 North, Range 66 West of the 6th Principal Meridian, County of Weld,
State of Cclorado, as described in Book 622 and under Reception #1543647 of said
county.
B. Licensee desires to construct a section of the new Two Rivers Parkway, to exist within a 150 foot
highway right-of-way, ("licensed facility") in, under, or along portions of the Premises as more
particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to obtain
Licensor's permission therefor.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor hereby grants
to Licensee, with respect to such interest as Licensor may have in the Premises, the authorization
to construct, operate, maintain, repair, inspect, remove, and replace the licensed facility in, on,
under, or along the Premises, subject to the following:
(1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole
obligation of obtaining from the fee title owner of the Premises or others owning proprietary
interest in the Premises, such authority or rights as Licensee may need in addition to this license for
Licensee's use of the Premises. Licensee agrees that any authorization granted herein is subject to
Licensee obtaining such additional authorization.
(2) Licensor intends to use the Premises for the construction, operation, maintenance,
repair, replacement, and relocation of its utility facilities, and the rights herein granted to Licensee
for the use of the Premises are subject to the rights of Licensor to use the Premises for such
purposes, which rights Licensor hereby expressly reserves.
(3) Licensee shall contact the Utility Notification Center of Colorado (1-800-922-1987) for
location of any urderground utilities, at least two working days prior to the commencement of
construction on the Premises. Further, if Licensor has constructed electric transmission facilities on
the Premises, Licensee shall contact Licensor's Electric Transmission Lines department at (303)
273-4655 at least four working days prior to the commencement of construction on the Premises.
At the discretion o' Licensor's Electric Transmission Lines department, construction activities on the
Premises shall be performed only when Licensor's representative is present. The instructions of
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such representative relating to the protection of Licensor's facilities will be followed by Licensee,
and will be considered conditions of this authorization.
(4) Licensee shall not do or permit to be done any blasting above, underneath, or near
facilities on the Premises without first having received prior written permission from Licensor. Any
blasting shall be done in the presence of a representative of Licensor and in accordance with
directions such representative may give for the protection or safety of facilities in the area.
(5) Any damage to the Premises, or to Licensor's facilities located on the Premises, as a
result of the construction, operation, maintenance, repair, inspection, removal, replacement, or
relocation of the licensed facility shall be paid for or repaired at the expense of Licensee.
(6) Licensee agrees and understands that if Licensor has constructed natural gas gathering,
storage, transmission, distribution, or related facilities on the Premises, Licensee has been fully
advised by Licensor that such natural gas facilities may now transport and may continue to transport
natural gas at significant pressures. Licensee shall advise all of its employees, agents, contractors,
and other persons who enter upon the Premises, pursuant to the provisions of this license, of the
existence and nature of such natural gas facilities and the danger and risk involved.
(7) Licensee agrees and understands that the natural gas facilities of Licensor, if located on
the Premises, may be subject to cathodic protection by rectifier and related anode beds, and that
Licensor shall not be liable for stray current or interfering signals induced in the licensed facility as a
result of the operating of Licensor's cathodic protection system.
(8) Licensee agrees and understands that if Licensor has constructed electric transmission,
distribution,or related facilities on the Premises, Licensee has been fully advised by Licensor that such
electric facilities may now transmit and may continue to transmit electric current at significant
voltages, and that the conductors on electric lines may not be insulated. Licensee shall advise all of
its employees, agents, contractors, and other persons who enter upon the Premises, pursuant to the
provisions of this license, of the existence and nature of such electric facilities and the potential
danger and risk involved.
(91 (a) (i) As used in this license, the term "Claims" means (1) losses, liabilities, and
expenses of any sort, including attorneys' fees; (2) fines and penalties; (3)
environmental costs, including, but not limited to, investigation, removal, remedial,
anc restoration costs, and consultant and other fees and expenses; and (4) any and all
other costs or expenses.
(ii) As used in this license, the term "Injury" means (1) death, personal injury,
or property damage; (2) loss of profits or other economic injury; (3) disease or actual
or threatened health effect; and (4) any consequential or other damages.
(b) To the extent permitted by law, Licensee covenants and agrees to at all times
protect, indemnify, hold harmless, and defend Licensor, its directors, officers, agents,
employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and
all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually
occurring, imposed as a result of, arising from, or related to (1) this license; (2) the
construction, existence, maintenance, operation, repair, inspection, removal, replacement, or
relocation of the electric transmission or distribution; natural gas gathering, storage,
transmissicn, or distribution; or any other utility facilities located on the Premises; or (3)
Licensee's or any other person's presence at the Premises as a result of or related to this
license.
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(c) Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall
apply to any and all Claims and Injury, including, but not limited to:
(i) Claims asserted by any person or entity, including, but not limited to,
employees of Licensee or its contractors, subcontractors,or their employees;
(ii) Claims arising from, or alleged to be arising in any way from, the existence
at or near the Premises of (1) electric power generation, transmission, distribution, or
related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering,
storage, transmission,distribution,or related facilities;or
(iii) Claims arising from, or alleged to be arising in any way from, the acts or
omissions of Licensee, its sublessees, invitees, agents, or employees.
(d) By agreeing to indemnification hereunder, Licensee does not waive any provisions
of the Colorado Governmental Immunity Act.
(10) A copy of this license shall be on the Premises and available during construction of the
licensed facility.
(11) This license is not transferable or assignable without the express written permission of
Licensor.
(12) Upon abandonment of the use of the Premises by Licensee or removal of the licensed
facilities, this license shall terminate.
(13) This license shall inure to the benefit of and be binding upon the successors and
permitted assigns of the parties hereto.
(14) This license may be executed in two original counterparts, each of which shall be
deemed an original of this instrument.
(15) Additional Provisions: None
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IN WITNESS WHEREOF,this instrument has been executed the day and year first above written.
PUBLIC SERVICE COMPAN OF
COLORADO
By:
Nicholas B. Faes, Manager
Siting and Land Rights, New Century Services
Agent for Public Service Company of Colorado
Agreed to and accepted by Licensee this 12th day of April , 1999.
Weld County Public Works
NAME OF LICENSEE
Chair, Dale K. Hall (04/12/99)
NAME AND TITLE OF SIGNEE (Type or Print)
SIGNATURE
933 North 11th Avenue
Street Address
Geeley, CO 80632.
City, State Zip
(303) 356-4000 x3750
Area Code and Telephone Number
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EXHIBIT A
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83RD AVENUE
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75'
PSCo
EASEMENT
LICENSEE:
PUBLIC SERVICE
WELD COUNTY PUBLIC WORKS COMPANY OFCOLORADO-
SECTION 20 TOWNSHIP 5 NORTH RANGE 66 WEST SCALE: 1'=80' LINE:
6th PRINCIPAL MERIDIAN WELD COUNTY. COLORADO DRAWN BY:JML WELD - ROSEDALE
DOCUMENT NO. 78271 AGENT SWINHART DATE: 3/29/99 115kV
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