HomeMy WebLinkAbout20211369.tiffRESOLUTION
RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR WATER WELL WITHIN
COUNTY ROAD 110 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - PAWNEE
RANCH, 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 Water Well within County Road 110 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 Pawnee Ranch, LLC, 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 Water Well within
County Road 110 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 Pawnee Ranch, 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 24th day of May, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: davh,t, JClso•„k
Weld County Clerk to the Board
BY:
NU
Deputy Clerk to the Board
APPRQ ED AS
County A"orney
Date of signature: O5 /2-W-
Lor
reno, C
air
Steve
mes, P/
erry L.
cc : Pw(>=R/cH/Da)
06/03/21
2021-1369
EG0079
cI1+
=-D 4#9 -75
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Non -Exclusive License Agreement — Non -Maintained County Road 110 Right -of -Way
DEPARTMENT: Public Works DATE: May 4, 2021
PERSON REQUESTING: Dawn Anderson
Brief description of the problem/issue:
Pawnee Ranch LLC owns a water well identified by well permit #286836, issued in 2011 by the Colorado
Division of Water Resources (DWR). This well is located within non -maintained public road right-of-way
(ROW) of County Road (CR) 110, approximately 1,000 feet west of CR 55. Pawnee Ranch LLC requests that
the County enter into a Non -Exclusive License Agreement (NELA) to allow the well to remain in place and
provide owner the ability to access, operate, repair, and otherwise use the well in the manner authorized by the
DWR permit.
While the attached NELA allows the owner to continue to use this well as -is, the agreement clearly defines the
rights of the County and the ability of the County to require re -location at the owners cost by sole discretion of
the County. Acceptance of the NELA does not change how the non -maintained ROW is currently being used
today.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Accept the terms of the NELA and allow staff to move forward placing this on the Board's regular agenda
for a future meeting.
2. Deny the request for a NELA and request that the owner relocate the well out of current non -maintained
County ROW.
Recommendation:
Public Works recommends that the Board of County Commissioners approve Option #1 and forward this item
to a future board hearing as a regular agenda item and approve the Chair to sign.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
2021-1369
NONEXCLUSIVE LICENSE AGREEMENT FOR WELL WITHIN WELD
COUNTY ROAD 110 RIGHT OF WAY
+h
THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this day of
�%aAt' , 2021, by and between WELD COUNTY, COLORADO, through the Board of
County Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado
80631, as First Party, and PAWNEE RANCH LLC, whose address is 1719 E. Mulberry Street, Fort
Collins, Colorado, 80524, as Second Party.
WITNESSETH:
WHEREAS, Second Party owns a water well (the "Well") identified by well permit #286836
issued by the Colorado Division of Water Resources ("DWR"), as depicted on the attached Land Survey
Plat (incorporated herein as Exhibit A), and
WHEREAS, the Well is located within the unmaintained public road right-of-way (ROW) of
County Road (CR) 110, approximately 1,000 feet west of CR 55, and
WHEREAS, First Party is the owner of the CR 110 ROW, and
WHEREAS, Second Party desires to access, operate, repair, and otherwise use the Well at its own
expense without the requirement to relocate the Well from the CR 110 ROW, and
WHEREAS, First Party is willing to accommodate Second Party pursuant to the term 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 conditions herein stated, First Party does grant
to Second Party, its successors and assigns, a nonexclusive license to access, operate, repair, and otherwise
use the Well within the ROW.
1. The parties intend that this Agreement shall allow Second Party to access, operate, repair, and
otherwise use the Well in the manner authorized by the DWR permit.
2. However, First Party retains the right to revoke this Nonexclusive License Agreement at any time for
good cause as reasonably determined in First Party'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, a public road in the CR 110 ROW. If First Party revokes this Agreement, First Party may
require Second Party to remove and vacate all facilities and uses that First Party deems not to be in the
best interests of the public. Such removal and vacation shall be at Second Party's sole expense, and
shall be accomplished within a reasonable time. Such revocation shall not prohibit Second Party's
continued use of the ROW for access to Second Party'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 Party written
notice of its intent to revoke this Nonexclusive License 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 from the
above stated address.
3. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use.
4719508 Pages: 1 of 8
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
- 1111 MrdrIr Gh l 'Ii0:h11III J LI1ENM7M I4i I II 111
020O/ 11369
4. Any maintenance of any of Second Party's facilities in the ROW shall be at its own expense and
without the aid or use of Weld County funds.
5. 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
to the extent caused by Second Party's negligence with respect to the maintenance and/or use of the
ROW. 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 maintenance and/or use 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 any and all claims and
damages of whatsoever character to said ROW by Second Party resulting from any act, either on the
part of the First Party or on the part of any third party.
6. The rights and obligations provided in this Agreement shall automatically be conveyed to any
subsequent purchaser of the property underlying the Well, and shall run with the land. Second Party
shall give notice to First Party within sixty (60) days of any such conveyance.
General Provisions
7. 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: Pawnee Ranch, LLC, 1719 E. Mulberry Street, Fort Collins, CO 80524
8. 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.
9. 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.
10. 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.
11 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.
4719508 Pages: 2 of 8
05/27/2021 11:05 AM R Fie:$0.00
Carly Koppel, Clerk and ill IMPrinith' 'il+ �li��l�iglithilINIFIV WWII III
12. No Third Party 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.
13. 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.
14. 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.
15. 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.
16. 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
Exhibits, 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.
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.
PAWNEE RANCH LLC
By:nliddL/;'
Michael McCrery, Manager
SUBSCRIBED
„„AND SWORN to before me this /9 day of
By: ..{ '.{4'ZL el- /1't e (IrerUj
WITNESS my hand and o seal
Date:
JENNIFER A. ROLEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944009483
MY COMMISSION EXPIRES 11/0!12024
4719508 Pages: 3 of 6
05/27/2021 11:06 AM R Fee:$0.00
Carly Kappa', Clerk and Recorder, Wald County , CO
11111
, 2021.
My commission expires: /7O lc-P/it 'L- ? 'X7 -
WELD CO T
ATTEST: re ��_1 �"" BOARD OF COUNTY COMMISSIONERS
Weld C• n er to a B.. ,� WELD COUNTY, COLORADO
BY:
Deputy Cler to the :oardj���"'��. Steve Moreno, Chair
4719508 Pages: 4 of 6
05/27/2021 11:05 AM R Fee:$0.00
Carly Kopp's, Clerk and Recorder, Weld County , CO
ilk till
MAY 2 4 2021.
2' o2-/ _/`}Ui
Y��9iMUN VbN1AItMJf�3'ITYYl11
LEGAL DESCRIPTION - PARCEL I:
1417411" -
LEGAL DESCRIPTION -PARCEL 2:
LAND SURVEY PLAT
THE SOUTH HALF OF SECTION 33, TOWNSHIP 10 NORTH,
RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
LEGAL DESCRIPTION -PARCEL 3:
FEASITI7 .4w
LEGAL DESCRIPTION -PARCEL 4:
rem rttir F: i;
LEGAL DESCRIPTION - PARENT PARCEL:
SURVEYORS CERTIFICATE:
4119508 Pages: 5 of 6
05/27/2021 11:05 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
���� FAIMItiliMIV.TiliVil 1O11,1414'M 11111
®PA'BdPdM'61M.6kGYpNNAY�9IWVW4Btll
LEGEND
LAND SURVEY PLAT
THE SOUTH HALF OF SECTION 33, TOWNSHIP 10 NORTH,
RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
scc7.12Fnsari 1'"187.
BASIS OF BEARING
PARCEL 1
GROSS
218.43 ACRES
PARCEL 2
GROSS
35.00 ACRES
PARCEL 3
GROSS
35.00 ACRES
PARCEL 4
GROSS
35.00 ACRES
05/27/2021 11:05 AM 6 Fee : $0 , 00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 I .r�'�'G ;I I��W'g'�h �FKO Q�+It��' li4rh 1I III
ation
Entity Name'•
PAWNEE RANCH LLC
Entity ID*
_000419
Contract Name*
NONEXCLUSIVE LICENSE AGREEMENT FOR WELL WITHIN
WELD COUNTY ROAD 1 1 0 RIGHT OF WAY
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4775
Contract Lead *
DRANDERSON
Contract Lead Email
dranderson@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
De
Contract Description*
NONEXCLUSIVE LICENSE AGREEMENT FOR WELL WITHIN WELD COUNTY ROAD 110 RIGHT OF WAY (CR 110 ROW
APPROXIMATELY 1,000 FEET WEST OF CR 551
Contract Description 2
Contract Type
AGREEMENT
Amount
50.00
Renewable*
NO
Automatic Renewal
Department
PUBLIC WORKS
Department Email
CM-
PublicWorksagweldgov. co m
Department Head Email
CM-PublicWorks-
DeptHeadgweldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BC HOATECO. WELD.CO. US
Requested BOCC Agenda
Date*
05 .'24 2021
Due Date
05 r' 20.'"2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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
Termination Notice Period
Contact Information
Review Date*
05,1 7,12022
Committed Delivery Date
Renewal Date
Expiration Date
05'24, 2022
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
05`18,2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05'24 2021
Originator
DRANDERSON
Finance Approver
BARB CONNOLLY
Purchasing Approved Date
Finance Approved Date
05 19 2021
Tyler Ref #
AG 052421
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
05119 2021
Hello