HomeMy WebLinkAbout20221371.tiffRESOLUTION
RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR PLACEMENT OF
NON -POTABLE WATER LINE WITHIN COUNTY ROAD RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - FRONT RANGE FEEDLOTS, LLC
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 Placement of a Non -Potable Water Line within County Road 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 Front Range Feedlots, LLC,
commencing upon full execution of signatures, with further 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 Placement of a
Non -Potable Water Line within County Road 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 Front Range Feedlots, LLC, 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 16th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COU ► Y, COLORADO
Weld C• my Clerk to the
eputy
APPROVED AS TO FOR
Co y Altofney
Date of signature: JP&PaZ
Steve Moreno
ott K. James, Chair
Lori
cc: cACBB), RaCER/cHh'S)
5/25/22
2022-1371
EG0080
Con-Wat- 1*5gZZ
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: NON-EXCLUSIVE LISCENSE AGREEMENT
DEPARTMENT: PUBLIC WORKS
PERSON REQUESTING: Tiffane Johnson, ROW
DATE: APRIL 25,2022
Brief description of the problem/issue:
Front Range Feedlots owns and operates a feedlot located east of County Road 49 between WCR 32 and
WCR 36. The feedlot is approved under MUSR13-0015. That operation relies on an 8" non -potable waterline
that connects a series of wells and existing water storage tanks for the daily operation. The line is located in
WCR 34 right of way between CR 51 (previously vacated) and CR 53 for approximately 5,000 feet (see
attached map). The line was installed in the late 1990's or 2000 by H and S Irrigation however, no
documentation in the form of an easement or permit can be found authorizing the pipeline. The contractor who
installed the pipe is now out of business and Front Range Feedlots is looking for help in resolving the issue as
it appears to be clouding the title to the property. Front Range is requesting approval of a Non -Exclusive
License Agreement that will allow the pipeline to remain in place and clean up the title to the property so that
the o_peration of the feedlot is not compromised.
County Road 34 is a paved County maintained Collector road way. Public works has not had any conflicts or
issues with the existing pipeline in the past and support the request for the Non -Exclusive License Agreement.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Approve placing the Non -Exclusive License Agreement on the BOCC agenda.
2. Set up a work session to discuss in more detail.
Recommendation:
Public works supports the applicants request and recommends placing it on the next available agenda.
Approve Schedule
Rec mendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
2022-1371
65/1 (A9
NON-EXCLUSIVE LICENSE AGREEMENT
FOR PLACEMENT OF NON -POTABLE WATER LINE WITHIN
WELD COUNTY ROAD RIGHT OF WAY
THIS NON-EXCLUSIVE LICENSE AGREEMENT ("Agreement") is made and entered
into this I UM day of I`1(aA , 202-4 by and between WELD COUNTY,
COLORADO, through the Board of Count"), Commissioners of Weld County, Colorado, whose
address is 1150 O Street, Greeley, Colorado 80631, as First Parry, and FRONT RANGE
FEEDLOTS, LLC, a Colorado limited liability company whose address is 15972 Weld County
Road 51, LaSalle, Colorado 80645, as Second Parry.
WITNESSETH:
WHEREAS, Second Party has an existing a non -potable water line located within Weld
County Road 34 right-of-way (ROW), as depicted on the attached drawings (incorporated herein
as Exhibit A), and
WHEREAS, the water line is a critical improvement necessary for the operation of the
existing feedlots and has been in place for over twenty years, and
WHEREAS, no license agreement or permit has been identified allowing the pipeline in
the ROW, and
WHEREAS, Second Parry in order to clean up the tile to the property and ensure the
continued operation of the feedlots, needs permission from First Party for the pipeline to remain
in its current location with the ROW,
WHEREAS, Public Works has not had any conflicts with the existing pipeline currently
located within the ROW and,
WHEREAS, First Party is willing to accommodate Second Party pursuant to the terms of
this Agreement.
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of said Second Party to be performed hereunder, and upon the terms and conditions
herein stated, First Parry does grant to Second Party, its successors and assigns, a non-exclusive
license to place a water line within the ROW as depicted in Exhibit A.
1. First Party retains the right to revoke this Agreement at any time for good cause as reasonably
determined in First Parry's sole discretion. Good cause may include, but is not limited to, First
Party's determination to construct or maintain, or allow others to construct or maintain,
improvements in and to the public road in the ROW. First Parry shall give Second Parry written
notice of its intent to revoke this Agreement at least six (6) months 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
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Carly Koppas, Clark and Raoordar, Wald County , CO
Kill MAWR 111111
rags 1 of 4 Pages
ae,202 -A57!
from the above stated address.
2. Placement of Second Party's water line within the ROW shall be at the sole expense of Second
Party and without the aid or use of Weld County fiends. The term "placement" as used in this
Agreement shall include installation, construction, operation, and maintenance of the water
line depicted in Exhibit A.
3. Except for the negligence of First Party, to the fullest extent permitted by law, 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 to the extent caused by Second
Party's negligence with respect to the placement of the water line within the ROW. Except
for the negligence of First Party, Second Party agrees to protect First Party and save and hold
it harmless from all third -party claims and damages that said placement may directly or
indirectly cause to the extent attributable to the negligence of Second Party. Second Party
hereby releases First Party, its successors, assigns, employees, and agents from all claims and
damages of whatsoever character to said water line by Second Party resulting from any act,
either on the part of the First Party or on the part of any third party.
General Provisions
4. Notices. All notices or other communications made by one party to the other concerning the
terms and conditions of this contract shall be deemed delivered under the following
circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) certified mail, return receipt requested and received to the party at the address set forth
below.
TO FIRST PARTY: Chair, Board of County Commissioners, 1150 `O' Street, Greeley, CO
80631
TO SECOND PARTY: 15972 Weld County Road 51, LaSalle, Colorado 80645
5. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained
in this Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
6. Survival of Termination. The obligations of the parties under this Agreement that by their
nature would continue beyond expiration or termination of this Agreement (including, without
limitation, the warranties, indemnification obligations, confidentiality and record keeping
requirements) shall survive any such expiration or termination.
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Carly Kopp., Clerk and Reoorder, Weld County , CO
11111 RIFJP6G03 fii 11 111
Page 2 of 4 Pages
7. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
$. Governmental Immunity. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
9. No Third -Parry Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give
or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
10. Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado, or its designee.
11. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference which conflicts with said laws,
rules and/or regulations shall be null and void. In the event of a legal dispute between the
parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction
to resolve said dispute.
12. Attorneys' Fees/Legal Costs. In the event of a dispute between the parties concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
13. Acknowledgment. The Parties acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached Exhibit, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
14. Assignment. The Second Party may freely assign this Agreement to any people or entities
acquiring all or a portion of the feedlots served by the water line without obtaining the consent
of the First Party. Any people or entities to whom the Second Party assigns this Agreement
shall be included in the term the "Second Party". The Second Party shall give the First Party
written notice of any assignment within 30 days after the date thereof. Any assignment shall
be made subject to all of the terms and conditions of this Agreement.
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Carly Koppea, Clark and Recorder, Wald County , CO
IrdIVII Ii :Iritl4kY gliklir'itAihlail ivi III II
Page 3 of 4 Pages
It is mutually understood and agreed that this Agreement and all the terms and conditions
hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. The
persons signing below affirm and acknowledge that they have the proper authority to make their
signatures for the First Parry and Second Parry as shown.
FIRST PARTY:
WELD COUNTY, COLORADO
ATTEST: ddzilLeA)
Weld County Clerk to the : o
BY:
Deputy Cl to
STATE OF COLORADO
County of Weld
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
tt K. James, Chair MAY 1 6 2022
The foregoing instrument was ack_now d d before me this/v day of ,
2022, by Scott K. James, Chair an Deputy Clerk to the Board of ounty
Commissioners of Weld County, Colorado.
WITNESS my hand and official seal.
SECOND PARTY:
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Carly Koopes, Clerk and Recorder, Weld County , CO
VIII l���Il�r'��Lri�li�Cl� li'wPtiwl �� F'i'�GMkI Yid Bill
Notary Public
MARIAN N HIGGINS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 1D 20194029816
UGUST 5, 2023
FRONT RANGE FEEDLOTS, LLC, a Colorado
limited fat,' ity company
By
Richard A. Montera, Manage
i
Page 4 of 4 Pages
0Zo�a -4671
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this 5 day of ,
2022, by Richard A. Montera, as Manager of Front Range Feedlots, LLC, a Coloradd
liability company.
WITNESS my hand and official seal.
18811271_v1
PATRICIA E ISAKSON
NOTARY PUBLIC • STATE OF COLORADO
Notary ID #19974002120
My Commission Expires 2115/2026
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Carly Kopp., Clerk and Recorder, Weld County , CO
11111 NUS illInifiliNI + I A Pik Ihnl iOilik Bill
Page 5 of 4 Pages
NON-EXCLUSIVE LICENSE AGREEMENT FOR PLACEMENT OF NON -POTABLE
WATERLINE WITHIN WELD COUNTY RIGHT-OF-WAY - FRONT RANGE FEEDLOTS, LLC
APPROVED AS = ' • =STANCE:
Ele
epartment Head
APPROVED AS TQ FUNDING:
iiiilrfll
Controller
APPROVED AS TO FORM:
County Attorney
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Carly Koppel, Clerk and Reoorder, Weld County CO
Bill
R,v 3�
el' PVC, pki, _____•�
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4828478 Pages: ®f S
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Contract Form
New Contract Request
n
ation
Entity Name*
FRONT RANGE FEEDLOTS, LLC
Entity ID*
X00010123
❑ New Entity?
Contract Name* Contract ID
NON-EXCLUSIVE LISCENSE AGREEMENT FOR PLACEMENT OF 5822
A NON -POTABLE WATERLINE WITHIN WELD COUNTY ROW
Contract Status
CTB REVIEW
Contract Lead*
TVJOHNSON
Contract Lead Email
tvjohnsangico.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
NELA FOR AN EXISTING NON -POTABLE WATERLINE LOCATED WITHIN THE WCR 34 ROW BETWEEN WCR 51 AND WCR 53.
WATERLINE IS A CRITIAL IMPROVEMENT FOR THE OPERATION OF THE EXISTING FEEDLOTS.
Contract Description 2
Contract Type*
AGREEMENT
Amount "'
$0.00
Renewable*
NO
Autornatic Renewal
Grant
rrnent
PUBLIC WORKS
Email
CM-
Publ cWorks?weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead'gveldgov.com
County Attorney
GENERAL COUNTY
A I I ORNEY EMAIL
County Attorney Email
C:OUNTYA I I ORNEY'YWELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a !RSA enter MA Contract ID
Requested BOCC Agenda
Date*
05 15x2022
Due Date
05112;2022
Will a world session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Review Date*
fay 1 1 i 2022
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date •
05 11.2022
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
ELIZABETH BELFORD
DH Approved Date
05 11,2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05.' 16; 2022
Originator
T4JOHNSON
Contact Type Contact Email
Fnance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
05 11 2022
Finance Approved Date
05 11:2022
Tyler Ref #
AG 051622
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
05; 11 2022
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