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Home My WebLink About20213265.tiffRESOLUTION RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND/OR USE OF IRRIGATION FACILITIES WITHIN COUNTY ROAD 66 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - BLISS LATERAL COMPANY, AKA BLISS IRRIGATION COMPANY 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 Construction, Maintenance, and/or Use of Irrigation Facilities within County Road 66 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 Bliss Lateral Company, aka Bliss Irrigation Company, 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 Construction, Maintenance, and/or Use of Irrigation Facilities within County Road 66 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 Bliss Lateral Company, aka Bliss Irrigation Company, 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 November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deddeA)�, .aCio•tA, Stev=; oreno, Chair S Weld County Clerk to the Board BY: Deputy Clerk to the Board APPR ounty torney Date of signature: 12/v6/21 CC'. PW(mM/ER/cx) 12/It/2( Lori S 2021-3265 EG0079 Cor+Ivac�-�Dt�5��1z MEMORANDUM TO: Esther Gesick, CTB DATE: November 17, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Non -Exclusive Licensing Agreement and Deed of Dedication for Bliss Lateral Company aka Bliss Irrigation Company Please place the attached non-exclusive licensing agreement (NELA) on the BOCC agenda. The agreement is for the acquisition of ROW through a deed of dedication in exchange for a NELA for an irrigation ditch located on the along the north side of the CR 66 west of CR 41. The agreement was reviewed by the BOCC in a pass around that was returned on November 16, 2021. All five commissioners approved the recommendation provide the Bliss Irrigation Company with a NELA in exchange for a deed of dedication. I will attend the BOCC meeting to answer any questions the BOCC may have. Page 1 of 1 M:\ —Active Projects\WCR 66 and WCR 41 Intersection \Design\ROW\Bliss Ditch\Bliss Lateral NELA Memo to CTB.docx 2021-3265 klf2� EhOO"19 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition for the Bliss Irrigation Company Property DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi DATE: November 5, 2021 Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 66 and CR 41 project which is slated to begin construction in November of 2022. During the design phase of the project, it was determined that the County would need to acquire ROW from the property owned by the Bliss Irrigation Company. The Bliss Irrigation Company said they would give the County a deed of dedication for the area needed for the road at no cost in exchange for a non-exclusive licensing agreement (NELA) which allows them to keep the irrigation crossing in our ROW and to maintain it. The NELA states if the ditch requires a relocation at some point in the future, the irrigation company will be responsible for at their cost. Public Works coordinated the deed of dedication and the NELA with Bob Choate of the County Attorney's office. Once the agreements were acceptable to both parties, the Bliss Irrigation Ditch signed the documents. What options exist for the Board? (Include consequences, Impacts, costs, etc. of options): The BOCC can opt to: 1. Sign both the deed of dedication and the NELA at no cost to Weld County 2. The BOCC could ask for a work session to gain more information. Recommendation: Public Works recommends Option 1 which is to sign the documents at no cost to Weld County. Approve Reco mendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Seine Schedule Work Session Other/Comments: NONEXCLUSIVE LICENSE AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE, AND/OR USE OF IRRIGATION FACILITIES WITHIN WELD COUNTY RIGHT OF WAY THIS AGREEMENT is made this Z4*Iday of taoNiti l??,V, 2021, by BLISS LATERAL COMPANY, whose address is C/O 796 North Balsam Ave, Greeley, CO 80631 hereinafter referred to as "the Company" and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "the County." WITNESSETH: WHEREAS, the Company currently operates an irrigation diversion structure and ditch within an easement granted on November 12, 1907 and recorded as Reception Number 123774 of the real property records of Weld County, Colorado. WHEREAS, the County is the owner of the Weld County Road (WCR 66) Right - of -Way (ROW); and WHEREAS, the County is currently upgrading the WCR 66 and WCR 47 intersection, requiring the relocation of the Company's facilities; and WHEREAS, the County is relocating and constructing a new access, a new irrigation diversion box and a 42 inch pipeline herein referred to as "facilities" on behalf of the Company within the County's ROW; and WHEREAS, the Company wishes to maintain and/or access its facilities located within the ROW at its sole expense. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Company to be performed hereunder, and upon the conditions herein stated, the County does grant to the Company, its successors and assigns, a nonexclusive license to construct, maintain, and/or access the facilities within the ROW. The conditions by which the Company may construct, maintain, and/or access the irrigation facilities within the ROW are as follows: AGREEMENT: I. COMPANY RIGHTS AND RESPONSIBILITIES 1. The parties intend that this Agreement shall allow the Company to maintain and access the irrigation facilities in accordance with the location and design shown in the attached Exhibit. 2. The Company shall vacate and abandon that portion of the existing easement which lies within the County's new ROW by the conclusion of the Project. 4784075 Pages: 1 of 6 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 FA14 I llii i DI III 3. The maintenance and/or access to irrigation facilities within the ROW by the Company shall be done in such manner as reasonably prescribed by the County, which manner shall include, but not be limited to, the following: a. ROW shall be maintained in the present state as found currently. b. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use. c. Prior to commencing any activities within the ROW, the Company shall in accordance with the County agree to the exact location of the exterior boundaries of the ROW. 4. Any maintenance of any of the Company'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 the County, the Company shall indemnify and save harmless the County, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by the Company's negligence with respect to the maintenance and/or use of the ROW. 6. Except for the negligence of the County, the Company agrees to protect the County 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 the Company. The Company hereby releases the County, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to said ROW by the Company resulting from any act, either on the part of the County or on the part of any third party. 7. Other than assignments in connection with the mortgage or sale of all or substantially all the Company's assets or equity interests in the Company, for which no consent shall be required, the Company shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from the County, which consent shall not be unreasonably withheld. 8. The Company shall not change the character or use of the facilities within the ROW without first obtaining a Right -of -Way Use Permit from the County. II. COUNTY RIGHTS AND RESPONSIBILITIES 1. The County has agreed to pay for construction costs associated with the relocation of the Company's facilities because the Company's facilities are currently located in a recorded easement. 4784075 Pages: 2 of 6 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2. In the future, if the facilities have to be relocated as a result of a future roadway project, the County will relocate the facilities at its cost. 3. In the future, if the use of the facilities changes and is not conveying irrigation water, the County shall have the right to revoke this Nonexclusive License Agreement. In this event, at the County's sole discretion, the Company may be required to remove and/or vacate all facilities and uses that the County deems not to be in the best interests of the public. Such revocation shall not prohibit the Company's continued use of the ROW for access to the Company's property, to the extent that such continued use is consistent with the right of the public to use the ROW. HI. MISCELLANEOUS 1. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County or its designee. 2. This writing, together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties and assigns and shall inure to the benefit of the respective successors and assigns of said parties. 3. 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. 4. Time is of the essence in each and all of the provisions of this Agreement. 5. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, the remainder of 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. 6. In the event of a dispute between the County and the Company, concerning this Agreement, the parties agree that neither party shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the other party. Each party shall be responsible for any damages, claims, or lawsuits arising from its acts, errors, or omissions in seeking to perform its work and obligations under this Agreement. 4784075 Pages: 3 of 6 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ��IARJIAP4 1C1i0'11: 1l1II 1O11k1 i Hag X1111 7. All insurance policies required to be maintained under the terms of this Agreement or which are in any way related to this Agreement which are secured and maintained by the Company shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against County, its officers, employees, agents, or volunteers. 8. 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. The County and the Company acknowledge that each has read this Agreement and 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. Each party has had an opportunity to seek legal counsel in relation to the obligations required by this Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. BLISS LATERAL COMPANY 44,,....1if et.“ Ja s'hKoehler, President aul Hungenberg, retary BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Deputy '/ erk o the 4784075 Pages: 4 of 6 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII MM� I�YII�+�k'Li��N�h I�■i4 .�i K'�:Y4rh �� 111 0 r -b as 0' Nea .ter.•W 2 IL ra 13 e tit ml fin Z - la law IC �m N" -U N .... Wregn la Q3 •gip stn -'m Q t- di -91 ° 0 C r O Pr -ROW +00 HUNGENBERG BOH FARMS LLLP "TS TCE -^--^ ICE -- TCE --- TCE PR. DITCH Pr -ROW Ep P EpP Pr -ROW 117;60 112+00 ROW - ROW RO"' ROW I- r-4713 Pr -ROW TCE Pr -ROW - Pr -ROW Pr -ROW Pr -ROW' _ r TCE TCE TCE - ICE TCE pr -ROW PR. DITCH Pr -ROW TCE TCE \- TCI MORO FARMS INC Computer File Information Creation Date 9/16/2021 Initials Last Modified Date 9/16/2021 Initials. Full 'path C \PW WORK\HORROCKS\O0252538 Drawing File Name: CR 66_GRD.DWG AutoCAD Version 2018 Scale: AS NOTED Units English TCE PR. 100yr FLOOD PLAIN Pr —ROW 4710 TC.F N=413.920.77 E=228, 968.34 Pr —ROW N=413,900.78 f E=228,968.74 _ WCR 66 Pr —ROW Pr —ROW PR. 18" RCP PR. GRAVEL DRIVEWAY Index of Revisions Date Comments Initials V- TCE Pr —ROW PT 114+43.3 ROW TCE -- AO - PR. GRAVEL DRIVEWAY PR. RIPRAP 12" 050 - 2' THICK N=413.921.78 E=229,018.77 Pr —ROW N=413,920.54 E=229,036.71 — • Th•-. N=413.774.60 E=229.033.63 N=413,747.96 E=229.030.94 N=413.898.89 E=229.059.77 N=413 706.71 \ E=229.049.41 1i4 !; •�„_ PR. 100yr FLOOD PLAIN N=413,661.86 E=229, 068.06 N=413,716.66 E=229,071.60 WCR 66 STA 111+00.00 TO STA 117+50.00 WELD COUNTY MCCALL DRAIN & IRRIGATION CO C E PR. 60" IRRIGATION LINE 3 - Row HUNGENBERG BOH FARMS LLLP RAY HUNT PR. RIPRAP 12" D50 - 2' THICK '4\ RESET EX. 60" IRRIGATION LINE _rte •---; N=413,766.Oi E=229,153.4 PR. 60" IRRIGATIO�'s N=41 E=22 PR. DIVERSION -PI STRUCTURE PR. RIPRAP 12" D50 - 2' THICK N=413,667.59 E=229,088.36 N=413,624.38 E=229.114.94 N=413 613.88 E=221 Q95 21_ PR. RIPRAP 12" D50 - 2' THICK 1Y\ 00 FL — TEE f PR DITCH 4715 30%- - E.OG Fats( E Re ROW. _ ..Jtf1YY -- R PR. 100yr FLOOD PLAIN Pr -RC IRRIGATION EENE e 33 2W. 4 44 4 4 4 4 KEY MAP NTS 0 25' 50' SCALE: 1" = 50' CALL UTILITY NOTIFICATION CENTER OF COLORADO us ears blow Ca! Wore you tlf CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES As Constructed PUBLIC WORKS DEPARTMENT 1111 H. STREET I P.O. BOX 758 I GREELEY, CO. 80632-0758 PHONE (970) 356-4000 FAX (970) 304-6497 HORROCKS �.. II ENGINEERS No Revisions WCR 66 / 41 INTERSECTION DRAINAGE & GRADING PLAN 3 Project No./Code Revised Void Designer Detailer BB PMP Sheet Subset DR -03 OF 11 i GR 45 Sheet Number i•—• - %%a C‘tatim C9 01 a) Dna 00 Mama) NU ;C:4 OP t!Q Q3y (I) 0 O 71 - M O Ire 13 cn I=2 elm er a WCR 6 -- -""- HUNGENBERG MATCHLINE STA:516+25 00 •-•-�•^•• " ' ; PRODUCE CO ..._ ., x •• PR DITCH -" ac .. 1 ° 1 _ 1 l� CO \ t KEY - 3 MAP o HUNGENBERG BOH PR. DITCH tN o } `., :D r' a 5:1 �, A f } 1 , :`,k ; ---- ok___ _.. EG XH _ X-- __ill FARMS LLLP 1� j j �/ 3 i �v PR. 6" PVC t T __ PR. 100yr FLOOD PLAIN o. 4:1 �. Cc� ry + X00 %? I too _ t. \ * \'\ 6:1 ! v� ; ,` l :7�"� 1 _... li x t . O 0 25' NTS ti) 50' �__ s}I1t t P1n1 in ( S_ i. �y. ' �V f Tt .k , , �� i� oU i � PR. RIPRAP 12" , RAY HUNT oo ° Af 'i ffx D50 - 2' THICK 4 PR. DITCH 1 _ am^ � _� X -- is •, CL -CL INTERSECTION PR. DITCH ii`'� - ! 4715 ;• WCR-66 STA 119+68.31 = ° 3.34%. _._ ... o ` r" pr WCR-41 STA 514+16.67 - ( a ROW `� ' \. ?o t� -Pr-ROW ,t OV Pr -ROW j _ Pr -ROW Pr -ROW rr's h { ' Pr —ROW Pr -ROW �—�4715 • I .3 �^�,,. Pr -ROW Pr a��a 0.95% - f I 4720 — _._--- - s .._.�.�..- ...120 \\.`\ ..,,v___----^^_ -._r_‘.._-__.„—__ ..' ‘e 1 O +. 'I 472 - 2 T -- - S — cr to 19 9 20 3 50 s ... - 20 — ,, _ .------- Z oo Li G BOG S� sr t } ` I �� ,I �,y ,,9' �6 �7e ��7,? 6btoccpC' B 7:i In _ + r` t-' 113+00 119+00 - "�. 120+C0 y:, )• *cc. l__ p pe FO '� epC E J Ct >> .) 0 O o WCR 66 0' ' w o z_ o - > i---•.._. 121+00 ., , „ It •-'I -- -• ��, _-_ 122 00 12- 3 ,rp o �- ` • <:.. Y 124 J . _� (o, gtt `' t." �9) 7g' dp . 4.44v"= rep. w Q 1W 93 _ �. ROW — I+'J14' OW prFo 3 ROW ROW �g ' - ' nn,u po -Rrp ROW — — .w.. FO'; �� W f� Pt. 5oG . C ��`_ _ROW G _ .� '1.15. � .. �c G _ _ L,�Q� . ti2�oG Z , M �l�:^-•,L• in A i , PR. 24 RC P ... ' ,,; �,n.a. ..ate„ ti , ., ., ,S� ., ..r a;..,. , ,.. fi __ .._ . _. LL.:�A •...._............. �...�I MMM.y..:-"vA., .M �}.... .,.. .-. .. ....-._- ��;�tY. �1 .., .' �wroir • lilt `` S ---.° 20 � ° co.co —'—`J""' : ` JR•,.• �„"t,_:_.1 ;:D - •,.,.7/ 'o -Ti1, -� - - ROY/---tiL'"r �� _� .� .. - • " RI2W -*�►R4720.. - kOW OW---.1�W � " " t7 �- P PrR W WA ROW ---o — y ... r r —W Pr —ROW Pr ROW Pr R0O 7.. _ � w t• f `f"+� - 00j 3• o , • . O3� �/ PR. DITCH ti �- 0 ��, �� 1 `a�` TCE TCE TCE -- TCE °A° ` � �1rI PT 513+1J.12 s, / 3e;s,ti/ k• TCE - -- - TCE TCE ICE TCE TCE Q - T \` 11-1 .c 0 i y' i i.'i PR. 5' DIA. FLAT TOP . \ MANHOLE PR. 42" IRRIGATON LINE �\ - �f N . co ; �\ \99/o\\\ 593% � cnr I �' _ o t 'N O F '� 11 r . "' v I pL \ A. PR. RIPRAP 12" 050 2' THICK \o• \ SCALE CALL UTILITY CENTER ECow.ew.leelow Call OF 811 NOTIFICATION 1" COLORADO . = 50' 156, Co /•.--�_ .... \ \ N r` _ _ .', M pp .S • Y 4.1 ° Ft \ {' - f ,MORO FARMS INC \ _ ;mod r,.a W r �° .;:.-.c A 3:1,— , \ \ ‘ > i 0� 1 iv # _ " --- �i ,y I. �.— 1 1'ID beta. you ex CALL 2 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING O UTILITIES MEMBER UTILITIES PR. 100yr FLOOD PLAIN MATCHLINE .- ---- WCR 66 STA 117+50.00 TO STA 124+00.00 T FIVE M FARM CO STA:512+25.40 WCR 41 STA 512+25.00 TO STA 516+25.00UNDERGROUND Computer File Information Index of Revisions WELD COUNTY As Constructed i WCR DRAINAGE 66 / 41 & INTERSECTION GRADING PLAN 4 Project No./Code Creation Date 9/16/2021 Initials. — Date Comments. Initials PUBLIC WORKS DEPARTMENT 1111 H. STREET I P.O. BOX 758 I GREELEY, CO. 80632-0758 _ PHONE (970) 356-4000 FAX. (970) 304-6497 �hl.`._r~ No Revisions - Last Modified Date 9/16/2021 Initials. — - _ __ Full Path: C \PW WORKIHORROCKS\O0252538 - - -- Revised DesinBB GR 45 T i r,;..it r HOR HOCKS Drawing File Name: CR 66_GRD.DWG Detailf eePMP Void Sheet Number AutoCAD Version 2018 Scale. AS NOTED Units. English • - E N G I N E E R S - • - -- Sheet Subset DR 04 OF 11 Contract Form Entity Name BUSS LATERAL DITCH COMPANY Entity ID* (P00014823 Contract Name' Contract ID NON-EXCLUSIVE UCENSING AGREEMENT WITH THE BUSS 5392 IRRIGAITON COMPANY ON THE CR 66 AND CR 41 PROJECT Contract Status CTB REVIEW Contract Lead* CKIMMI Contract Lead Email CKmmirco.weId.co.us Parent Contract ID Requires Board YES Department Project # GR-45 Contract Description* A NON-EXCLUSIVE LICENSE AGREEMENT FOR THE BLISS LATERAL DITCH COMPANY AKA AS THE BLISS IRRIGATION COMPANY. Contract Description 2 THE AGREEMENT ALLOWS THE DITCH COMPANY TO STAY IN THE COUNTY'S ROW. IF IN THE FUTURE, THE DITCH HAS TO BE RELOCATED DUE TO A COUNTY ROADWAY PROJECT, THE DITCH COMPANY HAS TO RELOCATE IT AT THEIR COST. Contract Type AGREEMENT Amount* S0.00 Renewable NO Automatic Renewal NO Grant NO Department PUBLIC WORKS n CM- Pu bl icWorksCwe i dgov. co rn Department Head Email CM-PublicWorks- DeptHead e?weIdgov.com County Attorney BOB CHOATE Requested BOCC Agenda Date* 11 ;`22/2021 Due Date 1 1 r' 18 2021 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. t NO County Attorney Email BCHOA I EL>CO. WELD. CO. US If this is a renewal enter previous Contract ID If this is part of a ►"A 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 Effective Date Review Date* 11,'1512021 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12:31/2121 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head ELIZABETH RELFORD DH Approved Date 11/18/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 1 1 12412021 Originator CKIMMI Finance Approver CHRIS D'OV1DIO Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 1 1 r` 18! 2021 11 18 2021 Tyler Ref # AG 112421 Hello