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Home My WebLink About991214.tiff RESOLUTION RE: APPROVE LICENSE FOR INSTALLATIONS UPON RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - DEPARTMENT OF THE ARMY 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 for Installations upon 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 the Department of the Army, with terms and conditions being as stated in said license, and WHEREAS, after review, the Board deems it advisable to approve said license, 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 for Installations upon 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 the Department of the Army be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY .O O ATTEST: LI Da K. Hall, Chair Weld County Clerk to e ov arbara J. Kirkmeyer, ro-Tem f Deputy Clerk to the �t j //� `�'� .y . George' axer AP AS TO FORM: R ;ie' C unty Attorney ,,Ah Glenn Vaad 991214 �� /= /_ /tG_'/n J EG0038 DEPARTMENT OF THE ARMY LICENSE FOR INSTALLATIONS UPON RIGHT-OF-WAY THIS AGREEMENT, made this 12 day o f July 1999 , by and between County of Weld, State of Colorado hereinafter called the "Licensor," and the UNITED STATES OF AMERICA, hereinafter called the "Government" WITNE.S.SETH: THAT,for and in consideration of the mutual covenants,promises,and agreements herein made, the Licensor hereby grants to the Government a license to construct, operate, maintain, renew and removea test well field along, across, beneath, and over the right-of-way and property of the Licensor at the following location,viz: within the County of Weld right-of-way which abutts the former F.E. Warren Air Force Base Atlas Missile Site No. 11, near Nunn, Colorado along said County of Weld roads, State of Colorado. in the County of Weld , State of Colorado as shown on the attached map marked Exhibit #1 , for use in connection with a Department of the Army establishment known as United States Army Corps of Engineers ,and upon the following terms, provisions,and conditions: 1. All installations placed upon said right-of-way by the Government shall be and remain the property of the Government and may be removed therefrom by the Government at any time. 2. The construction, operation and maintenance, renewal, and removal of the said installation shall be accomplished by the Government at its sole cost and expense and in such manner as will at all times enable the Licensor to use the surface of the right-of-way. 3. In the event of any future alterations of the property of the Licensor or of the line or grade of the right-of-way necessitating changes in said installations, the Government will make such changes in its installations as may be necessary in connection with such alterations. 4. The Licensor shall not be liable for damages to property or injuries to persons arising from the construction, operation, maintenance, renewal, or removal of said installations by the Government. Mori:B 893 (EM 405-1-6W) PmIOUS=TONS ARC oesaarz 5: This agreement, with the rights and privileges granted herein, shall be subject to cancella- tion or termination only by mutual agreement of the parties, or in the event the terms and conditions hereof are not fulfilled, or in the event the Government abandons the use of the premises for the purposes granted. In either of the latter two events,cancellation may be effected by either party hereto upon thirty (30) days written notice to the other;and upon expiration of the said thirty (30) days after service of such notice, this agreement and the rights and privileges hereby granted, as well as the obligations hereby imposed upon the parties, shall absolutely cease and terminate. 6. The Government covenants and agrees that, on or before the termination of this license, it will remove said installations and the appurtenances connected therewith from the premises of the Licensor and restore said premises to the condition existing at the time of entering upon the same under this license, reasonable and ordinary wear and tear and damages by the elements or by circum- stances over which the Government has no control excepted. 7. All expenditures to be made by the Government under the provisions of this agreement shall be subject to appropriations being available for the purpose. • IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives as of the day and year first above written. FOR THE LICENSOR: FOR THril STATES RICA: County of Weld, State of Colorado / (Firm or corporate name) Glair ame of official) Chief, Real Estate Division • Northwest Omaha District 11. q. Army Cnrps of Engineer; (Name of official) (Title) Dale K. Hall (05/24/99) • Chair (Title) • • ono si a'iee u.saovmmmmmemmang1a:ie■—oremem 8 1 • 6Z6t JO WflY0 1VOI1N3A 011300301YNQI1VN NOLOO:y1owYw0Y00 £. 1334 OT 1VAV31NI I noittOO ' W 3tl13WO11M! .---. �` OOYtlO1W Q r 1331 000[ 0009 OOOS OOOY OM OOOL OOOI 0 OCOI Pe, 3VW;-------------1 '-'--' .---' I- - t ■ ,,,I Q O00 :i 31V0S �� ,••I 0 m a J w \),,,\a',.; ;, ......., T••. - - -- W O z z o „,., .11 \\C (...) \ t2.:_••••,,-„$1.,44,,,n,, ` e . 'avnb 'NIW S'L M5 SJ.n183)IIYH3 too "Lu o • ` ( ; I '� i ••\'�,\L.. �ls• l';'''''''';',, a t' oanos t' z d (n g )...\.'...\ err 1 I f.. ��'\ ;:yup w 2 2 w_, c ( t.l -art • (� z ;ry}tL 2 V\` I I •; �cS EQzyz l• J � ' in; Z . \` • `,•..\ ti l / - O ce •''�. \ \II \ \ I' ' m r+`) ... '11 '%I ; t l I I' 1\o.. ` , -. C l err■., r , ,. , / \I`. \ J •.) • -/�/2.IT/i ' \Lr,1 '•m ',-.; r .,� vvn. ,Il ha � , // \ �� '' i2130 .\ C r o \ ,r if W v 12°, . --') �� ,,,*\1.:' \q \ :,,,,,- ,.,,.,.•- \••s, ry . ,. J N m OI ` l l'1. t\ 1`°p ,...N\>... .. ... \ �'• .. tl ffI w o,.,.._.. " , 'J�. O i. ii F: g$ :I11..../W i 2:1 —Z,'dcy 1 ,� `'�.JW !od '' • 1 I !\\5- c---,s, ` '�' Qa of i _ •,.... i �Cl _.0,5 qi.., I Is. N., ,..s.-N..j.\\ .i: : . Ai , N„.,. •, (c-\\( ellx11 •ii \ C.....;•A '' I" 4' _ ',\ .n, Ki. ( ..\,....).. '•,, 'i\----,...‹, - 7... I I ,, M \v\ �.1 \\ F. 5.V.•, ,\ • •� '� t • �,,,,, ( �• ,i1".•.\, � -''' . .ter �, : ?-.....K,:...;,,,c a't ,:\ ( \ , 'I \ I`�i ' e b �:' ) .,\��(�� as C...•-\ \ �r4`•"�\' •"' �C,(( 4,...f• -/'\1 �S «.iti c ,- ,-\((- s, ..,.(:' •112,h441.... rs t •`•�., rr� 1^`"-- \y i ) V '4'", ' ''' '-roi " ", ti .',::1::4.2....),.2' ."- -I-- .\;;',1;.' k, \;. • I dell 1..•IK---:.S-\°e --- -"-ii- - (fir' '''Ir • ''''\•.. ' ,i .� ,- I.77 ,�! (fir: E�t u WI ryy Y{+Mtyy+r gram.. ! t u ,,YV ,, Y 1 O WIY1Y inag ictl OYY OIYO .; `� 1-I 'n•,, �I1 'I r1 t.. c w! �• I .Norayr'.H�y, \ y + l• I �, �i WW r \ OS..•.....1, (._. otro_ ;1 •`\ • 1�` / ..1..../ tl'w� 4.r, \1. \ \ ,L \1 \ ` n ASENT OF. V/7 Och\ DEPARTMENT OF THE ARMY iam 'RV* CORPS OF ENGINEERS,OMAHA DISTRICT �p IM 215 NORTH 17TH STREET OMAHA,NEBRASKA 68102 977 � �/ A TENTI0N OF April 30, 1999 Real Estate Division SUBJECT: License for Installations upon Right-of-Way for Off-Site Monitoring Wells and Groundwater Sampling Locations on Former F. E. Warren Air Force Base, Atlas E Missile Site 11 in Weld County, Nunn, Colorado Weld County Colorado ATTN: Mr. Drew Scheltinga -- - Engineering Division P.O. Box 758 Greeley, Colorado 80632 Dear Mr. Scheltinga: Enclosed are three copies of the above mentioned agreement for signature by the appropriate Weld County Official. Please return two executed copies of this agreement in the enclosed self-addressed envelope. When this agreement is fully executed by the United States, I will return a copy back to you for your files. Thank you so much for your prompt attention to this matter. Sincerely, David A. Deyle Acquisition Branch Real Estate Division Enclosures Pnoled on 0 Rety led Paper Hello