HomeMy WebLinkAbout20210965.tiffRESOLUTION
RE: APPROVE WIRE CROSSING LICENSE FOR FIBER OPTIC WIRE LINE
(INTERSECTION AT 14TH AVENUE AND A STREET, GREELEY) AND AUTHORIZE
CHAIR TO SIGN - GREAT WESTERN RAILWAY OF COLORADO, 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 Wire Crossing License for a Fiber Optic
Wire Line (Intersection at 14th Avenue and A Street, Greeley) 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 Information Technology, and Great Western Railway of Colorado, LLC,
commencing upon full execution of signatures, with further 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 Wire Crossing License for a Fiber Optic Wire Line (Intersection
at 14th Avenue and A Street, Greeley) 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
Information Technology, and Great Western Railway of Colorado, LLC, 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 5th day of April, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: art , d 4,4
Steve M reno, Chair
Weld County Clerk to the Board
BY:
AP
County ttorney
Lori Saine
Date of signature: O
CC; IT(RR/S)4)
o4 /P4 /11
2021-0965
IT0010
, ,
& ntrct z o it u1 C909 ',
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: GWR Real Estate Wire Crossing License Agreement
DEPARTMENT: Information Technology DATE: 3/15/2021
PERSON REQUESTING : Ryan Rose esteR
Brief description :
As part of project IT- 1090 2020 Fiber Redundancy, the attached agreement provides Weld County an
underground fiber optic VVire Line crossing at 14th Avenue and "A" Street in Gre
eley. This is an annual cost of
$5 , 000. 00 with the term staring from date of signature .
What options exist for the Board? (include consequences, Impacts, costs, etc. of options) :
Due to limited access to crossing locations and the requirements defined by the Railroad , IT is requesting
authorization for the Chair to sign the agreement.
Recommendation :
Karin McDougal has reviewed and approved the agreement. Weld County IT recommends that the Board grant
approval for the Chair to sign the attached agreement.
Approve Schedule
Reco mendation Work Session Other/Comments .
Perry L. Buck
Mike Freeman inne
Scott K. James , Pro-TeamK -------------
fas
Steve Moreno, Chair
Lori Saine
.
2021 - 0965
Oce /05 -=. 7 OO 1O
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Agreement No. 409366
WIRE CROSSING LICENSE
THIS LICENSE ("License") shall be effective on the last date of signature set forth below (the "Effective
Date"), by Great Western Railway of Colorado, LLC ("Licensor") and Weld County Government ("Licensee").
Licensor and Licensee may sometimes be referred to as a "Party" or collectively as the "Parties."
WITNESSETH:
1. TERM:
This License shall take effect as of the Effective Date, and unless sooner terminated as provided below,
shall remain in effect until either Party shall give the other Party not less than thirty (30) days' written notice to
terminate for any reason whatsoever in that Party's sole discretion and regardless of performance or non-
performance of any of the covenants and agreements contained in this License and regardless of any fee having
been paid in advance for any period and without regard to any loss or damage incurred by either Party as a result
of such termination or cancellation. Licensor will not execute this License until it receives a signed original from
Licensee, and in no event is entry under this License permitted until Licensor has executed it.
2. LOCATION:
In consideration of the License Fee or other sums of money Licensee agrees to pay to Licensor, and of the
covenants and agreements of Licensee as set forth in this License, Licensor hereby grants a license and permission
to Licensee to construct, install, use, maintain, repair, relocate, operate and replace a fiber optic Wire Line, as more
particularly described in Licensee's application, marked Exhibit "A", attached to this License and made a part of it
by this reference, situated on, across, along or over Licensor's property at or near Greeley, County of Weld, and
State of Colorado (the "Premises"). The term "Wire Line" shall be deemed to mean the actual line(s) and any and
all towers, poles, wires, appurtenances and that portion of Licensor's property, in so far as they relate to said Wire
Line. The location of the Wire Line is more particularly described on the drawing marked Exhibit "B", attached to
this License and made a part of it by this reference, but generally described as follows:
An underground fiber optic Wire Line crossing Licensor's property at an angle of 90° degrees,
more or less, measured from the centerline of Licensor's main line track, located at or near 14th
Avenue and A Street, Greeley, Weld County, Colorado as shown on Exhibit "B."
3. LICENSE FEE:
3.1 Licensee shall pay to Licensor as a License Fee the sum of five thousand and 00/100 U.S. dollars
($5,000.00) (the "License Fee") per annum, payable in advance on or prior to the Effective Date of this License and
any anniversary of the Effective Date during the term of this License. Licensee shall pay to Licensor any and all
sales tax, if any and if applicable, which may occur as a result of the payment of the above License Fee or other
fees payable under this License.
3.2 Licensee shall pay to Licensor an additional sum of money equal to one and one half percent (1.5%)
per month of the total unpaid License Fees stated above, any adjusted License Fees due pursuant to Section 3.5,
and any additional fees provided for in this License in the event said License Fee, adjusted License Fee or additional
fees are not received by Licensor within thirty (30) days from the date it (or they) is due and payable. The finance
charge provided by this Section 3.2 shall continue to accrue daily until the date payment is received by Licensor,
not the date payment is delivered or the date postmarked on the payment.
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3.3 If Licensor, at its sole discretion, uses a collection agency or attorneys to collect delinquent License
Fees, any additional fees provided for in this License or finance charges, and Licensor is successful in collecting such
charges, Licensee shall reimburse Licensor for all reasonable collection costs, including reasonable collection
agency fees and reasonable legal expenses.
3.4 Although Licensee's right to possession of the Premises shall terminate when the term of this
License has expired or is terminated prior to such expiration in accordance with a provision of this License,
Licensee's obligations under this License, including but not limited to the obligation to pay License Fees, taxes and
assessments, and utilities, shall continue until Licensee delivers possession of the Premises to Licensor in the
condition required by this License.
3.5 The payment by Licensee of any sum(s) in advance shall not create an irrevocable License for the
period for which the same is/are paid. Licensor reserves the right to periodically adjust the License Fee at any time,
by giving notice at any time, independent of the term of the License, of such adjustment to Licensee at least thirty
(30) days prior to the effective date of such adjustment. The use of the license created by this License by Licensee
after such Effective Date shall be at such adjusted License Fee.
3.6 Failure of Licensee to receive any bill for periodic License Fees owing, or receipt of a bill in an
incorrect or unadjusted License Fee, shall neither override the License terms in this License nor excuse or release
Licensee from liability or responsibility for the correct License Fee. Limitation on collection for any erroneous
billings or payments shall be three (3) years from the termination of this License.
3.7 In the event this License is terminated by notice of either Party (other than for breach or cause),
Licensor shall refund to Licensee the portion of any prepaid License Fees plus any taxes paid in advance; PROVIDED,
however, such refund shall not be made when the cumulative total of such repayment which would otherwise be
due is less than one hundred dollars ($100.00).
4. SPECIFICATIONS:
4.1 The Wire Line shall be constructed, installed, used, maintained, repaired and operated in strict
accordance with any and all current requirements and specifications adopted by the Joint Engineering Committee
of the Association of American Railroads and the Edison Electric Institute, and the specifications of the National
Electrical Safety Code, Part 2, "Safety Rules for the Installation and Maintenance of Electric Supply and
Communication Lines", or of any successor agency(ies), and, in compliance with any and all law, statute, regulation
or order of any federal, state or municipal governmental body or any agency thereof or created thereby
(collectively, "Laws"). Provided however, that all materials and workmanship employed in the construction,
installation, use, maintenance, repair, relocation, operation and replacement of the Wire Line shall be subject to
the prior written approval of the Licensor.
An aerial Wire Line shall be constructed and maintained to a MINIMUM clearance of no less than twenty-seven
feet (27') above the top of the rail of any and all tracks, and any poles, guy wire, anchor or other appurtenance
shall be constructed to maintain a MINIMUM clearance of fifteen feet (15') from the centerline of any track(s).
The side clearance of fifteen feet (15') shall be maintained for the full height of the vertical clearance as stated
above. An aerial Wire Line shall be constructed, as nearly as possible to cross track(s) at a right angle to said
track(s).
An underground Wire Line crossing under track(s) at a ninety degree (90°) angle, shall be encased in conduit for a
MINIMUM of forty-eight feet (48'), twenty-four feet (24') on either side measured from the centerline of the
track(s) or the full width of Licensor's property if less than forty-eight 'feet (48'). Crossings of a degree substantially
greater or less than ninety degrees (90°) shall be encased in conduit for the full width of the track structure. The
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Agreement No. 409366
top of the conduit shall be a MINIMUM of five and one half feet (5%') beneath surface of the ground between the
limits of the twenty-five foot (25') parallel offset distance from the centerline of the outside track(s). Beyond
the twenty-five foot (25') parallel offset distance from the centerline of the outside track(s), the top of the
conduit shall be a MINIMUM of four feet (4') beneath surface of ground to outside the Licensor's property.'.
4.2 Licensee shall, except in emergencies, give not less than seventy-two (72) hours prior written
notice to Licensor of the day, hour and location that it proposes to undertake any construction, installation, repair,
relocation, replacement or maintenance work to the Wire Line or otherwise on the Premises and in the event of
an emergency shall notify Licensor as soon as possible. After completion of construction, relocation, installation
or replacement of the Wire Line, Licensee shall be required to execute Licensor's standard Right of Entry for any
maintenance or repair work on the Wire Line that requires entry onto Licensor's property or right-of-way.
4.3 Licensee shall require each of its contractors and subcontractors to observe and conform to the
conditions and requirements specified in this License. For the purposes of the safety, protective and
indemnification provisions of this License, such contractors and subcontractors, their agents, servants and
employees, and other persons on the Licensor property at the invitation of the Licensee, its contractors or
subcontractors (collectively, "Licensee Ir titees"), shall be deemed the agents or employees of the Licensee, and
Licensee shall be jointly and severally liable for the actions of Licensee Invitees.
4.4 Licensee shall ensure, prior to allowing access to Licensor's Property, that Licensee Invitees, and
apply for and execute Licensor's standard License for Right of Entry and Use of Premises agreement.
4.5 Licensee shall, at no expense to Licensor, obtain all permits and approvals required to exercise its
rights provided for pursuant to this License and Licensee shall install, maintain and operate its facilities in
accordance with all requirements of such permits, approvals, the Law and any lawful public authority. Licensee
shall be responsible for any taxes, assessments and charges made against the Wire Line and the construction or
use of the Wire Line or other of Licensee's facilities on Licensor's property or the operation of any of them.
4.6 Licensor shall have the right, but not the duty, to furnish flagging or other protection or to perform
work to support its tracks or otherwise protect its property or facilities at any time, at Licensee's sole risk and
expense.
5. PRESENT OCCUPATIONS:
Licensee shall make appropriate arrangements with any person or entity occupying Licensor's property
which may be affected by the relocation, installation, construction or any maintenance or repair of the Wire Line.
Licensee's Wire Line will not unreasonably interfere with the use of Licensor's property, or create any undue
hardship on the person or entity occupying said property.
6. RISK, LIABILITY, INDEMNITY:
6.1 Licensee acknowledges that persons and property on or near the Premises are in constant danger
of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others; and
Licensee accepts this License subject to such dangers.
6.2
(a) TO THE EXTENT PERMITTED BY LAW, LICENSEE, AS FURTHER CONSIDERATION AND AS A
CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO
INDEMNIFY, DEFEND AND SAVE HARMLESS LICENSOR, ITS PARENTS, OWNERS, AND AFFILIATES,
AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS,
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LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS
AND EMPLOYEES (THE "INDEMNITEES") AND TO ASSUME ALL RISK, RESPONSIBILITY AND LIABILITY FOR
DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES,
AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO
ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH
ALL LIABILITY FOR ANY EXPENSES, ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY THE
INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF
ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS CONFERRED BY THIS LICENSE)
ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED
BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION,
MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE,
OPERATION, REPLACEMENT, OR REMOVAL OF ANY STRUCTURE INCIDENT TO IT, OR FROM ANY
ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE,
INCLUDING ANY TEMPORARY USAGE AREA, EXCEPT TO THE EXTENT PROXIMATELY CAUSED BY THE
INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF THE INDEMNITEE SEEKING
INDEMNIFICATION PURSUANT TO THE TERMS AND CONDITIONS OF THIS LICENSE.
(b) THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY
ASSUMED BY LICENSEE UNDER THIS LICENSE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR INVITEES OF EITHER OF THE PARTIES, AND
WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKERS'
COMPENSATION ACT OR FEDERAL EMPLOYERS' LIABILITY ACT.
(c) LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND
DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION
ARISING UNDER THIS LICENSE. THE WORD "LICENSOR" AS USED IN THIS INDEMNITY SECTION SHALL
INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING
UPON AND OVER THE TRACKS IN THE VICINITY OF THE PREMISES.
(d) AS A PRECONDITION TO LICENSEE'S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION,
THE INDEMNITEES WILL (i) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE
LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING
TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE
WITH TIMELY NOTICE OF ANY MATTER OR INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM
FOR INDEMNIFICATION BY LICENSEE.
7. INSURANCE:
7.1 Licensee shall purchase and maintain insurance as specified below covering this License, all the
work, services, and obligations assumed or performed hereunder, from the Effective Date until termination,
unless the duration is stated to be otherwise, with insurance companies assigned a current Financial Strength
Rating of at least A and Financial Size Category of X by A. M. Best Company:
(a) Commercial General Liability Insurance written on an occurrence basis subject to limit of
$1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or
slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based
on usual Insurance Services Office policy forms to include, but not be limited to: Operations and
Premises Liability, Completed Operations and Products Liability, Personal Injury and Advertising
Liability, and Contractual Liability Insurance. Completed Operations coverage is to be
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maintained for a period of not less than three (3) years after the termination or cancellation of
this License. General Liability policies procured by Licensee shall be amended to delete all
railroad exclusions including exclusions for working on or within fifty feet (50') of any railroad
property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or
crossing (CG 24 17 endorsement or equivalent).
(b) Workers' Compensation and Employers' Liability Insurance providing statutory workers'
compensation benefits mandated under applicable state law and Employers' Liability Insurance
subject to a minimum limit of $1,000,000 each accident for bodily injury by accident, $1,000,000
each employee for bodily injury by disease, and $1,000,000 policy limit for bodily injury by
disease. If coverage is provided through a monopolistic state fund, a stop gap endorsement on
either the Commercial General Liability or Workers' Compensation Policy is required to meet
the Employers' Liability Insurance requirement.
(c) Business Automobile Liability Insurance subject to a minimum limit of $1,000,000 each accident
for bodily injury and property damage. Policy coverage shall be based on Insurance Services
Office policy forms referred to as Business Automobile Policy to cover motor vehicles owned,
leased, rented, hired or used on behalf of Licensee. If applicable to this License and applicable
under federal law, Licensee shall provide an MCS 90 endorsement.
(d) Umbrella Liability Insurance written on an occurrence basis subject to a limit of $4,000,000 each
occurrence for bodily injury, property damage, personal injury, libel and/or slander. Policy
coverage is to be at least as broad as primary coverages. Umbrella coverage is to be maintained
for a period of not less than three (3) years after the termination or cancellation of this License.
Umbrella Liability shall apply to Commercial General Liability, Employers' Liability, and Business
Automobile Liability Insurances.
The required limits of insurance may be satisfied by a combination of Primary and Umbrella or
Excess Liability Insurance.
7.2 All insurance required of Licensee with the exception of Workers' Compensation and Employers'
Liability shall include Licensor and any subsidiary, owner, parent or affiliates of Licensor, and their respective
partners, successors, assigns, legal representatives, officers, directors, members, managers, agents,
shareholders, and employees ("Required Parties") as additional insured and include wording which states that
the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and
its affiliates. With respect to Commercial General Liability Insurance, Required Parties shall be included as
additional insured for Ongoing Operations and for Completed Operations to the extent permitted by law.
7.3 All insurance shall provide Licensor a minimum of thirty (30) days' advance written notice of
insurer's intent to cancel or otherwise terminate policy coverage.
7.4 If Licensee cannot obtain an occurrence based policy for any required coverage, the policy may
be written on a claims -made basis with a retroactive date on or before the Effective Date of this License. Licensee
shall maintain such policy on a continuous basis. If there is a change in insurance companies or the policy is
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canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3) years
after the License termination date.
7.5 Licensee shall file with Licensor on or before the Effective Date of this License a valid certificate
of insurance for all required insurance policies. Each certificate shall identify the Required Parties as additional
insured as required and state that Licensor shall receive a minimum of thirty (30) days' advance written notice
of insurer's intent to cancel or otherwise terminate policy coverage. Licensee shall supply updated certificates
of insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection, and
scope of coverage as required by this License.
7.6 All insurance policies required of Licensee shall include a waiver of any right of subrogation
written in favor of Required Parties.
7.7 Notwithstanding the foregoing, Licensee may self -insure for any of the above required insurance
coverages subject to the requirements specified in this paragraph. Licensee shall provide Licensor with audited
financial statements and Licensor may, at its discretion, which shall not be unreasonably withheld, deem such
financial statements acceptable prior to authorizing Licensee to self -insure. Licensee shall provide a letter of
self-insurance to Licensor specifically stating which lines of coverage are self -insured and the amount of self-
insurance maintained. The amount of any excess insurance that attaches to self-insurance below the required
limits of insurance shall be identified in the letter and evidenced on a certificate of insurance. This letter of self-
insurance shall be signed by Licensee's Risk Manager or another designated authorized signatory. With respect
to Workers' Compensation, Licensee shall also provide state -issued self -insured authorization documents to
Licensor, where applicable by state law.
7.8 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance
agent or broker who have been instructed by Licensee to procure the insurance coverage required by this
License. Upon signature of this License and renewal of insurance, if Licensee fails to maintain or provide evidence
to Licensor of any insurance coverage required under this License, Licensor may terminate this License effective
immediately.
7.9 Licensee's compliance with obtaining the required insurance coverage shall in no way limit the
indemnification rights and obligations specified in this License.
8. WAIVER:
Licensee waives the right to question the validity of this License or any of the terms and provisions of it, or
the right or power of Licensor to execute and enforce this License. This License is made without covenant on the
part of Licensor to warrant its title to the property involved with the Wire Line, or to give or to defend Licensee in
the peaceful possession of the property and Licensee shall waive all right to claim damages in the event Licensee
shall be evicted, ejected or required to surrender possession of the property by anyone owning or claiming title to
or any interest in the property, or by reason of failure of title of Licensor, or for any other cause whatsoever.
Licensee further agrees to indemnify and save harmless Licensor and to assume all risk, responsibility and liability
(including any expenses, attorneys' fees and costs incurred or sustained by Licensor) arising from, growing out of,
or in any manner or degree directly or indirectly attributable to or resulting from any deficiency or insufficiency of
Licensor's title affecting the right of Licensor to make this grant.
9. REPAIRS AND RELOCATION:
9.1 Licensee will at all times maintain the Wire Line in a safe and secure manner, and in a condition
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satisfactory to Licensor. Licensor may request Licensee to change the location of the Wire Line, or any part of it,
or to make reasonable repairs or changes as the judgment of Licensor deems necessary in order to avoid
interference with or danger in the use or operation of Licensor's railroad, or any of its present or future
appurtenances. In the event it is desired by Licensor to use its property or any portion of it, occupied or impacted
by the Wire Line, then Licensee shall, at its sole expense, and within thirty (30) days after notice from Licensor to
do so, (or on shorter notice in case of an emergency), make changes to the Wire Line (including de -energizing a
wire if required) as required or remove the Wire Line, or as much of the Wire Line as is located upon the portion
of the property as required by Licensor.
9.2 If Licensee shall fail to perform any of its obligations contained in this License as to the
maintenance of safe conditions in and about the Wire Line or to make any necessary repairs, or to relocate the
Wire Line, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs
to be made, or Wire Line to be removed from Licensor's property. Licensor acting as the agent of Licensee, may
perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse
Licensor the cost of the work, plus fifteen percent (15%) of the cost as a charge for the supervision, accounting,
and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days' advance
written notice of its intention to do so.
9.3 In case Licensor shall at any time, or from time to time, require the removal of only a portion of
the Wire Line, this License shall continue in force and be applicable to the portion or portions of the Wire Line
remaining from time to time until the entire Wire Line has been removed and the License Fees or other fees
payable under this License shall be adjusted accordingly.
10. TERMINATION:
If Licensee fails to keep or perform any of Licensee's covenants contained in this License, or in the sole
judgment of Licensor the use of this property or tracks make it impractical to maintain the existence of said Wire
Line as authorized in this License, Licensor has the right to terminate this License upon fifteen (15) days' written
notice to Licensee.
11. RESTORATION:
Upon termination of this License, whether in accordance with the provisions of Section 1, 9 or 10 of this
License, or otherwise, Licensee shall promptly remove the Wire Line from Licensor's property, and restore the
property to its prior condition, or a condition satisfactory to Licensor. If Licensee fails to remove the Wire Line
within thirty (30) days after termination of this License, Licensor may remove same, and charge the expense of
such removal to the Licensee on the basis provided in Section 9.2 of this License.
12. MISCELLANEOUS:
12.1 This License is executed by all Parties under current interpretation of any and all applicable federal,
state, municipal, or other local statute, ordinance, or law. Further, each and every separate division (paragraph,
clause, item, term, condition, covenant or agreement) contained in this License shall have independent and
severable status from each other separate division, or combination of them, for the determination of legality, so
that if any separate division is determined to be unconstitutional, illegal, violative of trade or commerce, in
contravention of public policy, void, voidable, invalid or unenforceable for any reason, that separate division shall
be treated as a nullity, but such holding or determination shall have no effect upon the validity or enforceability of
each and every other separate division or any other combination of them.
12.2 In the event this License is part of a package of agreements for Licensee, this License and all other
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such documents shall be read as compatible parts of the package and not in contradiction to each other, such that
in the event of apparent conflict in any duties under this License or the package of agreements, Licensor shall
designate which clause(s) shall survive or control any others.
12.3 Except as otherwise specified in this License, any notice or other communication required or
permitted by this License shall be in writing and (i) delivered by first class mail, postage prepaid, or (ii) deposited
into the custody of a nationally recognized overnight delivery service, as follows:
Licensor: Great Western Railway of Colorado, LLC
ATTN: Director, Real Estate
252 Clayton Street, 4th Floor
Denver, Colorado80206
WITH A COPY TO:
ATTN: General Counsel
Great Western Railway of Colorado, LLC
252 Clayton Street, 4th Floor
Denver, Colorado 80206
Licensee: Weld County Government
ATTN: Contract Administration
1401 North 17th Avenue
Greeley, CO 80631
12.4 No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor
shall any alteration, amendment, supplement or waiver of any of the provisions of this License be binding upon
either Party, unless same be supplemented, altered, changed or amended by an instrument in writing, signed by
Licensor and Licensee.
12.5 This License is made subject to the rights previously or simultaneously granted by or through
Licensor for any surface, sub -surface or aerial uses antedating this License, including but not limited to, the
construction, maintenance, operation, renewal and/or relocation offences, pipelines, communication lines, power
lines, railroad tracks and signals, and any and all appurtenances applicable to them. Licensor excepts and reserves
the right to grant additional uses of the same or similar nature subsequent to the execution of this License, without
payment of any sum for damages, so long as such use does not unreasonably interfere with the use of Wire Line
by Licensee.
12.6 This License and all of the provisions contained in it shall be binding upon the Parties, their heirs,
executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of
any name changes. Notwithstanding the forgoing, Licensee agrees not to assign this License or any rights or
privileges granted under it, without the prior written consent of Licensor, which it may give at its sole discretion,
and any and every attempted assignment without prior written consent shall be void and of no effect. This
covenant shall also apply whether any of the foregoing is made voluntarily by Licensee or involuntarily in any
proceeding at law or in equity to which Licensee may be a party, whereby any of the rights, duties and obligations
of License may be sold, transferred, conveyed, encumbered, abrogated or in any manner altered without the prior
notice to and consent of Licensor. Notwithstanding the foregoing, Licensee shall remain liable to Licensor as a
guarantor of Licensee's successor in interest to this License.
12.7 Nothing in this License shall be construed to place any responsibility on Licensor for the quality of
the construction, maintenance or other work performed on behalf of Licensee hereunder or for the condition of
any Licensee's facilities.
12.8 Any approval given or supervision exercised by Licensor under this License, or failure of Licensor
to object to any work done, material used or method of construction, reconstruction or maintenance, shall not be
construed to relieve Licensee of its obligations under this License.
Page 8 of 14 RE_Crossing -Wire Line_US
V1R11, Nov 2019
DocuSign Envelope ID: 6DBA808E-6178-43A0-845C-5336B830EB69
Agreement No. 409366
12.9 The failure of the Licensor to seek redress for any violation of or to insist upon the strict
performance of any of the terms, covenants or conditions of this License or any of the rules and regulations from
time to time issued by the Licensor, shall not prevent a subsequent act, which would have originally constituted
a violation, from having all of the force and effect of an original violation.
12.10 To the extent permitted by law, Licensee further indemnifies Licensor against
any and all liens that may be placed against Licensor's property in the course of constructing and
maintaining this Wire, and agrees to immediately satisfy any liens so placed.
12.11 In the event that Licensor shall incur any costs or expenses, including attorneys' fees and costs,
in enforcing Licensee's covenants and agreements under this License, Licensee shall reimburse Licensor for all
such costs, expenses and legal fees as an additional fee under this License.
12.12 This License shall be governed under the laws of the State of Colorado without giving rise to its
conflict or choice of law principals. Venue for conflicts arising out of or related to this Agreement shall be proper
in the federal or state courts of the State of Colorado for any action arising under the terms of this License or
performance of it.
12.13 The section headings of this License have been inserted for convenience of reference only and
they shall not be referred to in the interpretation of this License.
12.14 This License shall be read with all changes of gender and number required by the context.
12.15 Time shall be of the essence in this License and each of the provisions of it.
12.16 Licensor's remedies under this License shall be cumulative, and the exercise of any remedy shall
not preclude the exercise of any other remedy.
12.17 All of the obligations, representations and warranties of the Licensee accruing under this License
during the existence of this License or any renewal or extension of it shall survive the termination or expiration
of the Term.
12.18 Licensor shall not be responsible for any loss, damage, delay or non-performance caused by
accidents, labor difficulties, acts of God, governmental action or by any other cause which is unavoidable or
beyond its reasonable control.
12.19 Licensee agrees that it shall not register this License or any notice or reference in respect of this
License against title.
12.20 All exhibits attached to this License are incorporated by reference as if fully set forth in this
License.
Page 9 of 14 RE_Crossing -Wire Line_US
V1R11, Nov 2019
DocuSign Envelope ID : 6DBA808E-6178-43A0-845C-5336B830EB69
Agreement No . 409366
IN WITNESS WHEREOF, the Parties have executed this License as of the last date of execution set forth below :
Licensor: Great Western Railway of Colorado, LLC Licensee : Weld County Government
DocuSigned by:
.
By: � �� By. See Signature Below
• 0BBFB52DE58A470...
Name ; john spi eg I eman Name :
Steve Moreno
Title : CLO and GC
Title : Chair , Board of County Commissioners
Date : 11 March 2021 Date : APR 0 5 2021
WELD COUNTY :
f
AltenteA) a; C G '---- "10 61 eler
TEST: BOARD OF COUNTY COMMISSIONERS
Cle < t the Board WELD COUNTY, COLORADO
BY : 21.2 , _ , .,.,_,
- im.: 1 Zette,,,,aL, /911 - - ar
4....--
DeputyClerto th . Boar ' Y 7 ,, A, teve Moreno, Chair r 4 4 CAJ� Z� 'i74� P V - ii APR
0 5 2O2 '
.i. atim
lc.
Vici ' etW1 A
ti a fix
Ill
x. :'° ,3. . .
kite
.,-/-
\,,ss„eive#,
Page 10 of 14 RE_Crossing -Wire Line_US
V1R11,�y Nov 2019
V an V 9 C F-.it5
DocuSign Envelope ID: 6DBA808E-6178-43A0-845C-5336B830EB69
Agreement No. 409366
iiriblyt
Exhibit A
APPUG4TION PROCESS & INSTRUCTIONS
Telephone (303) 398-0400, Pact (866) 351.9503
OCheck the box Ithis is a RUSH application. Add $1.,5001150 ($1,998 CAD) in addition to the application fee listed below.
UNDERGROUND WIRE OR CABLE LINE
CROSSING OR PARALLEL ENCROACHMENT OF
PROPERTIES AND TRACK
Proposed plans must be approved by the marked and a crossing agreement must be fully unsalted between the railroad and the appicant
before eanexructem can begin. Material and installation are to be in strict accordance with specificabons of the American Radway Engineering
Axsodation and mquioentents of the railroad. One arterial of this form shall be submitted, accompanied by letter -sized Engineer Stamped Plans.
elevation section of crossing from field survey, location in respect to Mae Post, width of raaroad right of way, locution of adjacent stnucturesthat
may impede the crossing, and all information required in Pgurea 1 and 2 of AREMA Specifications, Part S. Rotten cutting or tunneling is
necessary, details of sheeting and method of suppbrti ngtrada or driving tunnel shall be shown.
Provide location (i.e. city, street, railroad milepost) and engineer stamped plans of the proposed leased premises with dimensions,
coordinates and directions. Also depict any planned improvements on the leased prendses with dimensions from nearest track (stay incur
additional oasts or agreements for above ground occupancy). In aedwon, annual fees will be assessed pursuant to a written lease agreement.
Please intim the completed apprrcatfon. proposed plans indicating the location of the wire rmr. and a check for $4,500 USD ($5,994 CAD).
Make check(s) payable to:
Omd1RAK Inc.
C/0 AR Real Estate Department
252 Clayton Street
Denver. CO 80205
1CS i[YUr .r iL�ur, SUL tie• paytrxrts sr^.t .G the a Lifer.'. it;'wG 1Uuv •.,
If the application is approved, the applicant agrees to reimburse property owner for any oast incurred by property owner inddent to installation,
maintena ice and/or supervision ner.essitated by this installation and further agrees to assume all habdity for ac .idents or injuries which arise as a
resuk of this installation as presided in the agreement to be executed.
Incomplete applications may result in processing delays. Applications submitted without the required fax will not be prome se d.
remise nine, Virile =Minted application and ports require nwrcw oy ony independent envhanmenred (note AT1 or other Outside taaunutatin,
this review will be of applicant's sole cost and in addition to the aforementioned fees.
"'Canadian residents/businesses, this fee is a taxable supply, please include applicable EST"'
REQUESTS FOR RUSH SERVICE: Once a COMPLETE application and required fees are recerrled, including the rush fee of $1.500
USD ($1.,998 CAD), a draft agreement will be made available for review within thirty (30) business days. Pease be sure to mark
the bone abase.
Once an executable agreement is submitted to you, the license must be fully negotiated and executed within one hundred twenty (120) days.
Thereafter, the application and materials will be archived and resubmission (indur6ng tees) will be required.
PLEASE tf4MAL HERE INDICATING YOUR UNDERSTANDING OF THIS POUCY: )071 C1 CHECK NUMBER `931-uT9
Page it of 14 RE_Crossing -Wire Line_US
V1R11, Nov 2019
DocuSign Envelope ID: 6DBA808E-6178-43A0-845C-53366830EB69
Agreement No. 409366
Orrimin yir
Exhibit A
APPLICATION FOR UNDERGROUND WIRE OR CABLE UNE
CROSSING OR PARALLEL ENCROACHMENT OF PROPERTIES AND TRACK
Telephone (303) 3980400, Fax (866) 351.9503
N you have not mimed Rairoad's utility Accommodation Policy, please contact our Real Estate office at
ormnitraicreal.estat teomeiirax.com or tin ago ONO to receive a copy prior to submittal of tuts application
SECTION 2:
L Complete Legal Name of Applicant: Ntl¢,.\ a CO �� � CsCava r r‘re-tr.k
2. Agreement to be in the name of (if different from above):
3. Type of Entity (please +nakone): Corporation _ (LC Individual_ lhtmicipa ny
Partnership_ General Limited Other fart -fNk-�/ cic,xsy,
a. ff applicable. state/province of incorporation or organization: Cc o 1 txleJci C_o.. rsA-y
S. Federal Tax Identlfiradon number (uS. Leased: +". —
6. blaNngAddresr 140 ► N t'7tr PJC7,
i. Overnight Delivery Service Address (if different{:+
& Contact Person: Ps -16 rl (��� Tide: Cln,c� \r►kstMw�NAOn OCtr rr
9. Phone No.: j c Trs I ' h - 4;45 '7tti
10. Email: RRG�r� l>�— CC?%r _
11. Email Address Where Notices Gan be Sent Tim � f 1: n .`� VT (a) fr .) • CX 1 V?]
12. Rifling Contact Nance, Phone Number, and Address Required!'
P O) n 3 9,1- n\� rndr 1
9y° - 3 sm.- 2stiq _
tL4r%1 X.1 r711- �`c _:f=: -.ox :A\
13. Reamed Name: _
Nearest knepost DOT No.:
Track Station (fromy Track Station (to):
NOTE: if htiepost or Trade Stations are not known, please indicate the nearest road intersection here;
st
Fax No.: ( °1'7 0111 3Cj i - (.a S- 2
Section. Township. Range:
City: &mat 1 County: lAte ci State PO
Geographical Coordinates Requ and (in decimal gees)
Latitude: taigibzde:
located on the (N/S/L/W1 side of (landmark, intersection)
5ECTIDN
All spedYuat;ons meet or emceed Radrcod's Utility Accommodation Policy INITIAL If E:
0R Variance requested — PLEASE DESCRIBE IN DEER (attach scparate sheet ff necessary):
Angie between cenberbne of right-of-way and wirefine will be qQ degrees.
Number of RR Co.'s tracks to be crossed Arid
• Crossing will be: Transmission Distribution Service Ply.<
• WtenngcurreJnt voltage No. of Phases Hertz
• Direct Gamin voltage amperes
Number of pole liter crossed _
Conductors: (a) Number (b) AWG gauge (c) material
aPitkaNOM *melba. ulde:0,mnd war Mr,roauyN poro•eMm3/14/+017
f
Page 12 of 14 RE_Crossing -Wire Line_US
V1R11, Nov 2019
DocuSign Envelope ID: 6DBA808E-6178-43A0-845C-53366830EB69
Agreement No. 409366
Exhibit A
APPLICATION FOR UNDERGROUND WIRE OR CABLE UNE
CROSSING OR PARALLEL ENCROACHMENT OF PROPERTIES AND IRAQ(
Telephone (303) 398-0400, Fax (866) 3519503
• Maximum voltage MAaadmum cereal
• Max. fault to ground current Ht. Of wire supports above around level
• Matilda! (encasement) fit Outside diameter ,� " Wae thidmess Sci Q�
• Total length within Railroad right-of-way Height of wires above tarp of ran at 60V
• Sag in Spans at 607 Height of wires above Railroad communication & signal wires at GOT Feet
• Bury: base of tail to top of casing /6 Not beneath barks Roadway (Iodtes
• Type of wire supports Sue false dead ends
• Number of poles 10 be located on Railroad Company's rtghtof•way
• Oestutce from butt of pole to nearest rat of man tract
• distance from butt of pate to nearest rat of sidetrack
• if adulhona! wire line attachments or revisions are to be made to mdsti g aossing, please advise number and/or
date of agreement.
• Wi lute mulusivety serve Lessee of Rarnroad? Name
• WM line run parallel or approic pannRel to Railroad Co.'s tracks? Distance of paraletnsrn:
Please give apprcadmate hortiontai separation from our silent and telephone wires
• Will 6ne be located In public road nett -of -way? �� 00T/AAR Glassing No
Bryes show name, road number and rightefway on print). Name ofPubfkRoad /y#4 .eve
By aobseitnng tins application for atilt. you araborise tfimiTRAX or affiliate, to make any mgniries ner+estary to delamine credit mottuutst.
You release your bantang inuniction Moose details then would assist m &genuine erah manholes.
[ hereby certify that tin: information conlannd herein is combat and ast estc This i atotmatioa has hem tarnished web the undastanding that it is
to be used to detain= six emote' and analtttores of the credit to be cuaded Furthermore. l beteby authorize the keened ambiences limed in this
credit application w release necessary information as the ceeMny for which credit is being applied for in order as reify the mfoo Boon oo ns:ned
bade. Our terms of sale and service are Net 30 DAYS from the date hated on the invoice. invoices that are beyood leered tams will be
assessed a late fee of I n % APR O S% mrnsddy) addinoeal Tams and Conditions apply. A 520.00 cher »rtl apply kr any NSF: Nun -Sufficient
cheeks
Date:
NamePnntea: /71/9/t- 4wS01-L
Title: %%1are fArT-~—
Phase No.:
Fan No:
YYS z>zse,
UST CHECK NUMHEKCSI:
BE SURE TO RFTURN THE COYER SHftT WITH YOUR APPUCATION
q{arratiars-worn= code9e'matdwe 6.e aasse t or o•rsonivv 3/31/2027
<9-r
Page 13 of 14 RE_Crossing -Wire Line_US
V1R11, Nov 2019
DocuSign Envelope ID: 6DBA808E-6178-43A0-845C-5336B830EB69 Agreement No. 409366
Exhibit B
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Page 14 of 14 RE Crossing -Wire Line US
V1R11, Nov 2019
Contract Form
New Contract Request
Entity Information
Entity Name*
GREAT WESTERN RAILWAY OF
COLORADO
Entity ID*
g•00013433
Contract Name* Contract ID
GWR REAL ESTATE WIRE CROSSING LICENSE AGREEMENT 4609
14TH AND A ST
Contract Lead*
Contract Status SWHITMORE
CTB REVIEW
❑ New Entity?
Contract Lead Email
swhitmoreg,co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
AS PART OF PROJECT IT -1090 2020 FIBER REDUNDANCY. THE ATTACHED AGREEMENT PROVIDES WELD COUNTY AN
UNDERGROUND FIBER OPTIC WIRE LINE CROSSING AT 14TH AVENUE AND "A" STREET IN GREELEY.
Contract Desorption 2
THIS IS AN ANNUAL COST OF $5,000.00 WITH THE TERM STARTING FROM DATE OF SIGNATURE.
Contract Type*
AGREEMENT
Amount*
$5,000.00
Renewable*
YES
Automatic Renewal
NO
Grant
IGA
Departrnent
INFORMATION
TECHNOLOGY-GIS
Department Email
CM-
InformationTechnologyGl5 g
weldgov.com
Department Head Email
CM-
InformationTechnologyGlS-
DeptHeadPweldgov.com
County Attorney
GENERAL COUNTY"
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY g WELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a NSA enter MSA Contract ID
Requested BOCC Agenda
Date*
04:052021
Due Date
04 01 2021
Vrll a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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
04/05/2021
Review Date*
01/03/2022
Termination Notice Period Committed Delivery Date
Contact Information
Renewal Date*
04;'04,2022
Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
JESSICA WEARP PRIMARY JWEARRgOMNITRAX.COM
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
RYAN ROSE
DH Approved Date
03/31 x'2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/05/2021
Originator
SWHITMORE
Fnance Approver
CHRIS D'OV1DIO
Legal Counsel
KARIN MCDOUGAL
Finance Approved Date Legal Counsel Approved Date
04/01;2021 04,:01,2021
Tyler Ref #
AG 040521
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