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Home My WebLink About991334.tiff RESOLUTION RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF RIGHT-OF-WAY ON WELD COUNTY ROAD 63 BETWEEN WELD COUNTY ROADS 48 AND 50 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 Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Road 63 between Weld County Roads 48 and 50 among 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, Bev Curd, Fred Deffenbaugh, and Clinton Warehime, 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 Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Road 63 between Weld County Roads 48 and 50 among 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, Bev Curd, Fred Deffenbaugh, and Clinton Warehime, 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 2nd day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS D COUNTY, COL DO ATTEST: 4 4/ J'mi!r* Dale K. Hall, Chair Weld County Clerk to the '" ., 'r ' �, 't (EXCUSED DATE OF SIGNING (AYE) cl _ ci vii Barb ra J. Kirk er, Pro-Tem BY: trews ;' . - Deputy Clerk to the Boa: * ., \y .r < -_4 eor xter PR AS TO FORM: ,/,G/ . . Geile unty Attorney Glenn Va 991334 EG0038 1y1 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this of of J , 99, 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 Ted Buderus, 26246 WCR 45, Greeley, CO 80631; Bev and Dan Curd, 23502 WCR 63, Kersey, Co 80644; Fred Deffenbaugh, 3102 17th Avenue, #36, Greeley, CO 80631; Ed Kruse, 31010 WCR 50, Kersey, CO 80644; John Staley, P.O. Box 174, Kersey, CO 80644; and Clinton L. and Julia A. Warehime, 22955 WCR 61, Kersey, CO 80644, as Second Parties. WITNESSETH: WHEREAS, Second Parties desires to more effectively access properties located in Sections 5 and 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as the perpetual easement along the West Section Line of Section 5 and the East Section Line of Section 6, Township 4 North, Range 63 West of the 6th P.M., and located as follows: Between Sections 5 and 6, Township 4 North, Range 63 West at Road 63, between WCR's 48 and 50 in Weld County, Colorado, which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, First Party desires to extablish a road over ROW for the use of the public, and WHEREAS, Second Parties 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 Parties to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Parties, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Parties 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, but such revocation shall not prohibit Second Parties's continued use of the ROW for access to Second Parties's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Parties written notice Page 1 of 10 Pages 111111 IIIII 111111I 11111111111111111111 III IIIII Iill IIII 2868721 07/25/2001 03:30P JA Suki Tsukamoto 1 of 10 R 0.00 O 0.00 Weld County CO 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 Parties by Certified Mail to its address written above or served upon Second Parties in accordance with the Colorado Rules of Civil Procedure. Second Parties shall have the duty of informing First Party of Second Parties's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Parties shall be done in such manner as prescribed by First Party, which manner shall include, but not be limited to, the following: 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 Parties 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 Parties 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 Parties shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Parties 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 Parties, 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 Parties 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 Parties's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Parties 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 Parties resulting from any act, either on the part of the First Party or on the part of any third party. Page 2 of 10 Pages 1111111111111111111111111111111111111111111111111111 2868721 07/25/2001 03:30P JA Suki Tsukamoto 2 of 10 R 0.00 D 0.00 Weld County CO 6. Second Parties 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. 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. Page 3 of 10 Pages IIIIII 11111 (IIIIII (III IIIII IIIII IIIIII III 11111111111 2868721 07/25/2001 03:30P JA Suki Tsukamoto 3 of 10 R 0.00 D 0.00 Weld County CO • EXECUTED the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, I.00171'°� COLORADO ATTEST: _ � � - �! l� Clerk to the Board r 'y V 'iI:' �l pk.; By: �_, I/ d CCI 1 B : Deputy Clerk ` p y ,(� ' ..� Dale K. Hall, Chairman (oG/ /99) ®'� 0 Page 4 of 10 Pages I IIIIII IIIII IIIIIII IIII 11111 11111 IIIIII III (IIII IIII IIII 2868721 07/25/2001 03:30P JA Suki Tsukamoto 4 of 10 R 0.00 D 0.00 Weld County CO SECOND PARTY: ed Buderus STATE OF COLO' 'O ) COUNTY OF ) THE FOREGOING INSTR I NT was acknowl=•ged before me this day of , 1999, by ¶ ed Buderus. WITNESS my hand and official ' al. My commission expires: NOTARY PUBLIC Page 5 of 10 Pages 1111111 IIIII IIIIil11111 IIIII III 11111111111111 IIII ills 2868721 07/25/2001 03:30P JA Suki Tsukamoto 5 of 10 R 0.00 D 0.00 Weld County CO SECOND PARTY: Bev Curd STATE OF COLORADO ) COUNTY OF ) THE FOREGOING INSTRUMENT was acknowiedged before me this 19''C day of 42AA L; , 1999, by Bev Curd. WITNESS my hand and official seal. My commission expires: /iFpooe2 �O pRY Ue��c 4•r PATRICIA A. •: ,IRTARYPUBLIC •ANDERSON ' i NJ '• cs` COND PARTY: IIt`‘`f F COVQ. (IA^— Dan Curd STATE OF COLORADO ) COUNTY OF tor nip ( ) FOREGOING INSTRUMENT was acknowledged before me this (8'4t day of 11 I 1999, by Dan Curd. WITNESS my hand and official seal. My commission expires: (s- \cc, ..NIEJayo „ryi • OTan r O Y PUBLIC %sr?UBL\ o 9te:••..... vo Page 6 of 10 Pages MY COMMISSION EXPIRES: Juna,7,2002 I 111111 11111 1111111 1111 IIIII 11111111111 Milli 1111 1111 2868721 07/25/2001 03:30P JA Sukl Tsukamoto 6 of 10 R 0.00 D 0.00 Weld County CO SECOND PARTY: gas- � gh red Deffen ugh STATE OF COLORADO ) COUNTY OF )fr\\C(c I ) THE FOREGOING INSTRUMENT was acknowledged before me this i t dayof Kip ti k , 1999, by Fred Deffenbaugh. WITNESS my hand and official seal. My commission expires: S )5\ 1Cj 4 9 „tltq rtll;gi/i. ,ot (,) a : 1"--11 ' n ‘,) r :7 c Y�u1 .�hC>� Y :� NOT Y PU3�U LIC u,�l,L U 0 LNC le, 0 '0.+-°,;. Page 7 of 10 Pages 1111111111111111111 IIII 11111 11111111111111 11111 1111 1111 2868721 07/25/2001 03:30P JA Suki Tsukamoto 7 of 10 R 0.00 0 0.00 Weld County CO SECOND PARTY: Ed se STATE OF COLORADO ) COUNTY OF ) THE FOREGOING INSTRUMENT was acknow -dged before me this day of 1999, by Ed Kruse. WITNESS my h. ' and official seal. My commission expires: NOTARY PUBLIC sc) Page 8 of 10 Pages I IIIIII IIIII 111111I IIII 'l111 IIIII IIIIII III IIIII IIII IIII 2868721 07/25/2001 03:30P JA Suki Tsukamoto 8 of 10 R 0.00 D 0.00 Weld County CO ' • SECOND PARTY: John Staley ' STATE OF COLORADO ) COUNTY • THE FOREGO I G INSTRUMENT was acknowledged b ore me this day of , '99, by John Staley. WITNESS my hand and o cial seal. My commission expires: NOTARY PUBLIC V J Page 9 of 10 Pages 111111 IIIII 1111111 I'll IIIII 11111 IIIIII III IIIII IIII IIII 2868721 07/25/2001 03:30P JA Suki Tsukamoto 9 of 10 R 0.00 D 0.00 Weld County CO SECOND PARTY: Clinton L. Warehime STATE OF COLORADO ) COUNTY OF ,,M ) THE FOREGOING INSTRUMENT was acknowledged before me this 9,'M day of Qjv2.LJ , 1999, by Clinton L. Warehime. WITNESS my hand and official seal. ,,\, .� ylAy My commission expires: 0 9—1 3 -00 •• r•y i�, ?� tOTraf�r SQL,". 3 ," e2",:c \ t � sr K NOTARY , 1 PUBL r,, .. ��lv "., ,A•CC' SECOND PARTY: r- L eti 6 /u Julia A. Warehime STATE OF COLORADO ) COUNTY OF 9il ) THE FOREGOING INSTRUMENT was acknowledged before me this STAA day of Chu e , 1999, by Julia A. Warehime. WITNESS my hand and official seal. My commission expires: 09 -/3 -00 b,,r 1!aingr, t(7 NOTARY P =1rit 'r,.. ". 3t z. itV'pUBc-\G Page 10 of 10 Pages t" ` aT rTF c= cc.'..-,; IIIIII IIIII IIIIIII IIII IIIII IIIII IIIIII III IIIIII III Ilil 2868721 07/25/2001 03:30P JA SukiTsukamoto 10 of 10 R 0.00 0 0.00 Weld County CO a O TO: Board of County Commissioners FROM: Bruce T. Barker, Weld County Attorney 111 ' DATE: May 20, 1999 C SUBJECT: Nonexclusive License Agreement for the Upgrade and Maintenance • COLORADO of Weld County Right-of-Way for WCR 63, Between WCR's 48 and 50 Attached is a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of- way submitted by various owners of land along the right-of-way for WCR 63, between WCR's 48 and 50. Although the License Agreement states that it is between six couples or individuals, only three have signed. It is my understanding from speaking with Brent Coan, attorney,that the other three do not want to enter into the License Agreement. Mr. Coan asked to have this Nonexclusive License Agreement so that the various land owners along WCR 63, between WCR's 48 and 50,would be obligated to participate in the upgrade and maintenance of the right-of-way. The three who did not sign the License Agreement understand that there is no requirement that they do so in order to retain the right to utilize the right-of-way. For example, John Staley called me to let me know that even though he has taken it upon himself to perform the maintenance without the assistance of the other parties in the past, he does not intend to sign the License Agreement because of his fear regarding liability. Please note the indemnification and hold harmless language in paragraphs 4 and 5. With knowledge that only half of the parties to the License Agreement would be signing the same, Brent called me to ask if the three who are signing it could do so without having to go back and obtain their signatures on a new version. I told him that in my opinion,the three"non-signers" are not obligated to do anything pursuant to the License Agreement. I therefore recommend that the Board consider the attached Nonexclusive License Agreement on one of its regular agendas and approve and authorize the Chair's signature. Place on Send Back for Set for Agenda New Signatures Work Session George Baxter // Mike Geile ✓ _ Dale Hall Barb Kirkmeyer ✓ Glen Vaad / Biuce T. Barker Weld County Attorney BTB/db:Memo/B OCC/Laupgrade pc: Monica Daniels-Mika Don Somer Hello