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Home My WebLink About993009.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF RIGHT-OF-WAY FOR WELD COUNTY ROAD 82 AND AUTHORIZE CHAIR TO SIGN - DIVERSIFIED OPERATING CORPORATION 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, on December 20, 1999, the Board was 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 Department of Public Works, and Diversified Operating Corporation, 15000 West 6th Avenue, Suite 102, Golden, Colorado 80401, for that portion of Weld County Road 82 located between Sections 7 and 18, and Sections 8 and 17, all in Township 7 North, Range 59 West of the 6th P.M., Weld County, Colorado, with further terms and conditions being as stated in said agreement, and WHEREAS, at said hearing on December 20, 1999, the Board deemed it advisable to continue said matter to January 3, 2000, to resolve outstanding issues with surrounding property owners, and WHEREAS, on December 22, 1999, the Board of County Commissioners rescinded Resolution #992982, dated December 20, 1999, regarding continuance of said matter to January 3, 2000, and WHEREAS, on December 22, 1999, after hearing testimony of those present, the Board deemed 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 Weld County right-of-way for Weld County Road 82 as described above between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Diversified Operating Corporation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. �l� liverosRt 993009 (�: i 1 n�+ EG0038 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY- DIVERSIFIED OPERATING CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Le / dIiI��m EXCUSED DATE OF SIGNING (AYE) Dal K. Hall, Chair Weld County Clerk to th o- �y nicia 1861 Barbara J. Kirkmeyer, ro-Tem BY: -1-erriat Deputy Clerk to the B�. � nrege EXCUSED lU N� George E. axter APE:ROVED AS TO FORM -- M. J. eil ounty ounty Attorne Glenn a 993009 EG0038 NONEXCLUSIVE LICENSE AGREEMENT FOR TEE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY a THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 22 day of Decembe,199 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 Diversified Onerating Cot rx ration , whose address is 15000 'Test 6th Avenue, Suite 102 Golder, m , as Second Party. 80401 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at G"n'-inn 7 T7N °S°''' in Weld County. Colorado, and WHEREAS, First Party is the owner of the right-of-way known as Weld County Road 82 and located as follows: so +; rx a h + ; i Q a c Q a i l m7ty X59', 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 prescribed by First Party, which manner shall include, but not be limited to, the following: Page 1 of 4 Pages 111111111111 111111 131 111111111 111111 III VIII IIII IIII 2742253 01/04/2000 03:52P JA Suki Tsukamoto (77:30(9 1 of 4 R 0.00 D 0.00 Weld County CO 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. 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 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 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. ** Diversified Operating Corp. will install a "standard" 7' x 16' "oilfield" cattleguard, constricted of 2 7/8'Prb g s1/2" casing, sufficient for heavy loading*. 11111111111111111111111111111111111M11 111111 111111 II 1111111 111111 III VIII IIII IIII 2742253 01/04/2000 03:52P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 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, shall 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 COMMISSIONERS OF WELD COUNTY, Id/ ild COLORADO ATTEST: ' �, Clerk to the Board By: Zee . Br-b Deputy Clerk O c , Dale K. Hall Chair �� (12/22/99) Page 3 of 4 Pages 11111111111111111111111 111111111111111 I I 1111111111101 2742253 01/04/2000 03:52P JA Suki 7sukamoto 3 of 4 R 0.00 D 0.00 Weld County CO SECOND PARTY: .4 Title: 7 ,/�7Sly/1rit SUBSCRIBED AND SWORN to before me this 7 day of /`t C e rob-1/41 9c 9 By I el rti ('a ,-,7„-,-vm 1 WITNESS my hand and official seal l Notary Pudic My commission expires: ,—�%NAH T''‘ e40744,.. S ; �: �1, MNH9fll isW W2VA6V9¢APN • Hi: �/ in • t 7 /a�O1'0'n' 'H ; / :: / Page 4 of 4 Pages 111111111111111 1311 111111111 111111 I I 1111111111 I I I I 2742253 01/04/2000 03:52P at Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO Diversified Operating Corp. 15000 W. 6`h. Ave. Suite 102 Golden, CO 80401 (303) 384-9611 Fax: (303) 384-9612 EMAIL: DOCCOLOODIMENSIONAL.COM December 8, 1999 Weld County Board of Commissioners 915 Tenth St Greeley, CO 80631 To Whom It May Concern: Enclosed please find a License Agreement for a county Right of Way. It has been signed and notarized as required. Please let us know if anything further is needed. Thank you, Very Truly Yours, DIVERSIFIED OPERATING CORPORATION cLtc-k c--7\.o :$ . C tik-'1v Catherine S. Cammon Secretary DD' ID : 303-384-9612 DEC 20 '99 15 :24 No .003 P .01 DIVERSIFIED OPERATING CORPORATION 15000 West 60.Ave. Suite 102 Golden,CO 80401 303-384-9611 voice,303-384-9612 fax,dperapadimensional.com December 20, 1999 Weld County Cgmmissioncrx RE: addendum to DOC's application to construct WCR 82,for one mile,starling at WCR 1 l3 Dear Commissioners: Uivcrsiticd Operating Corporation is in urgent need of access to certain producing oil and gas wells, located in Section 7 Township 7N R59W, Weld County, CO. A new public access is needed due to the continuing refusal of Mike Livengood to allow DOC and others the use of the existing mess toad,which is roughly,located fifteen feet south of the 60 feet wide section line right of way. Mr.l.ivengo d has in the last week,chained and locked the access,after a DOC subcontractor drove through the unannounced locking of the access road and caWeguard,and could have suffered serious personal injuries. DOC will construct a typical lease road,roughly eighteen fed wide,raised for all weather service. The construction will be to the North of the existing fence line,with the South shoulder located 5-8 feet North of the existing fence line and well within the section ROW. This WCR 82,already constructed from the SE/4 of Section 7 to the center of Section 7,will commence from WCR 113 and extend to the SE/4 of Section 7. Hopefully,this fairly expensive solution to a simple access request will forever allow DOC and others their • legal right of access to their property. Sincerely, 'ferry J. Cammo' President Post-Ir Fax Note 7671 Date I L. uoubI. ��77 / 7.0 p'N To -'TFfv��T-- i-w.-..Prr�4._ Frorn - 9 C. C:olnnpl. r CU. -. LI, • mono �, C- �73 :35L �3Jw� PIOrio#3o i-. �y1�/� 'lb II {anB/:y,,,-30`�'-era Fax« iI 3 h'- '1LJ12- Hello