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Home My WebLink About20180910.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF CATTLE CROSSING STRUCTURE WITHIN COUNTY ROAD 68 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - LARSON FARMS, 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 Nonexclusive License Agreement for the Maintenance and/or use of cattle crossing structure within County Road 68 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 Larson Farms, LLC, 29470 County Road 68, Gill, Colorado 80624, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Nonexclusive License Agreement for the Maintenance and/or use of cattle crossing structure within County Road 68 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 Larson Farms, 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 26th day of March, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiffiA) .Uo•e4, Weld County Clerk to the Board BY: Deputy Clerk to the APPROVED Attorney Date of signature: OY-/1-!$ Mike Freeman 7! arbara Kirkmeyer,_ em ti Steve Moreno, Chair ti ro-T j cam: Pc,.) C OD/ rYl$/Mc) GzPPL Ot4/(1/1$ 2018-0910 EG0075 /D'/7v BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Larson Farms Non -Exclusive License Agreement DEPARTMENT: Public Works DATE: 3/05/2018 PERSON(S) REQUESTING: Don Dunker, Michael Bedell Brief description of the problem/issue: Plans for the Bridge 68/59A Replacement Project include reconstruction of an existing cattle crossing to serve Larson Farms, which owns property on both side of the bridge. The estimated cattle crossing cost (56,130) Ise very small portion of the total bridge replacement costs (S1.6 million). Larson Farms has cooperated with the County for ROW/Easements acquisition require to construct a new bridge. The County does not want to have any future liability associated with the maintenance of the cattle crossing. Therefore, a Non -Exclusive License Agreement has been developed to ensure future maintenance responsibility is assigned to the landowner, and to protect both everyone's interests. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Board can choose to not approve this Non-Eaduslve License Agreement or recommend changes to it. The Board can choose to approve this Non -Exclusive Liaase Agreement, in which case the proposed cattle crossing would be constructed as part ofthe Bridge 68/59A Replacement Project. Recomamendafon: Public Works recommends approval of this Noe-Exd usive License Agreement. If recommended for approval by the Board, Public Waldo will make arrangement to get this item placed on an upcoming BOCC Meeting Agenda. The Bridge 68/59A Replacement Project Is planned for construeden is the summer of 2018. AXON &commendation Son P. Conway Jude A. Cozad Mire Remo Barbara Kidaameyer, Pro -Ten Store Moreno, Chair Wodc Seaaion Q1111t:. 2018-0910 NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF A CATTLE CROSSING STRUCTURE WITHIN WELD COUNTY ROAD 68 RIGHT OF WAY THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this OT day of '17t4E,_2 , 2018, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1 150 O Street, Greeley, Colorado 80631, as First Party, and Larson Farms, LLC, a Colorado Limited Liability Company as Second Party whose address is 29470 County Road 68, Gill, CO 80624. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located along the Section Line between Section 24 and Section 13, Township 6 North, Range 64 West of the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as CR 68 and located as follows: 105' (feet) of Public Right -of -Way, 50' (feet) on the north side & 55' (feet) on the south side of the Section Line between Sections 24 and 13, Township 6 North, Range 64 West of the 6th P.M. in Weld County, Colorado, which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently being maintained by First Party, and WHEREAS, Second Party wishes to maintain and/or access a Cattle Crossing located under County Road 68 within the ROW at his/her/its sole expense. 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 maintain and/or access the Cattle Crossing structure within the ROW. The conditions by which Second Party may maintain and/or access the Cattle Crossing structure within the ROW are as follows: 1. The parties agree that this Agreement shall allow Second Party to maintain and access the Cattle Crossing structure as designed in the Approved Construction Drawings for WCR 68/59A Bridge Replacement Project, Project Number BRO C030-054; Project Code 19744 attached hereto. First Party shall only have the right to revoke this Nonexclusive License Agreement if it determines that future repairs, improvements, or other modifications to the bridge or County Road 68 ROW require it. First Party agrees that the WCR 68/59A Bridge Replacement Project, to be completed in 2018, does not require the revocation of his Nonexclusive License Agreement. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive 4390695 Pages: 1 of 5 04/13/2018 10:27 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO e(4/° VIII KAMA fLII I'IN: 'IA LAI II License Agreement at least six (6) months prior to the intended date of revocation, but in no event, shall Second Party he required to discontinue use during critical "cattle operation" periods. 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, The maintenance and/or access of the Cattle Crossing structure within the ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: a. The Cattle Crossing shall be maintained in the present state as found at this time for Weld County Road 68. b. This Nonexclusive License Agreement does not grant the right to gate or fence Roadway for private use. c. Prior to commencing any activities within the ROW, Second Party shall in accordance with First Party agree to the exact location of the exterior boundaries of the ROW. d. Second Party shall agree to accept any flows in Crow Creek, in excess of normal flows, that may inundate the cattle Crossing area. 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. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. 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 andior use of the ROW. 5. 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. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent 2 4390695 Pages: 2 of 5 04/13/2018 10:27 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111h�� u�� i' Krishi pMliNhIlik "III shall be required, Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not he unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and he binding upon the parties hereto, their successors, and assigns. 3 4390695 Pages: 3 of 5 04/13/2018 10:27 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� FAIIII1,1I4IiIfihiLAKAIMAILKIId iiihi "Ill EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTES _1,dr/to) " -e.")'(1 BOARD OF COUNTY COMMISSIONERS Weld ' ol�nt� Clto the : oard WELD COUNTY, COLORADO BY: Deputy Clerk t SECOND PARTY: LARSON FARMS, LLC, a Co Jack Larson STATE OF COLORADO SS. Steve Moreno, Chair lability Company MAR 2 6 2018 County of Weld ) The foregoing instrument was acknowledged before me thisL(day of 2018. by Jack Larson as 7-312-7„,0,..... of Larson Farms, LLC, a Colora a Limited Liability Company. WITNESS my hand and official seal My commission expires: / J /6, ZD Z Z 4390695 Pages: 4 of 5 04/13/2018 10:27 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 4 MITCHELL GLENN HAUFF Notary Public State of Colorado Notary ID a 20144016002 M Commission Ex. ires 04.16-2022 BIM C G H a l J tams pee it Roadway and Horizontal Control Line 01 a � 'C ® t7O N (O 313 so in co _ -tpIwo 4665 vOf Q3te NC= xi 4655 - o En I 1p 1 0 4645 4635 4625 c w C5) Print Date: 11/22/2017 1 a a a a a a- a Existing Fence (Typ.) _31/2" 6" Pipe Underdrain (Typ.). See Dwg. No. 825 for Details. a a a a a PLAN 105' -0" �.rlie V. TV T•'TS Existing Power Pole (To be Relocated) Toe of Fill (Typ.) a a a a a a • r Sta. 13+07.50 /To Barnesville —.- B.F. Abut. 3 O -O N O ;r iS - L Existing Overhead t° Power Line (Typ.) ••••. • - . r . e . a • I a B.F. Abut. 1----- I Brg. Abut. 1 51'-2112x' *Elev. 4655.72 t 51'-2' if_ Pier 2 VPI=12+55.00 *Elev. 4655.49--' Low Chord Elev. 4652.83 - HP 12 x 74 Piles (Typ.)----' ' Approximate Existing Ground Line along H.C.L. File Name: 135588_GenLayout.dgn Horiz. Scale: 1:20 Unit Information Short Elliott Hendrickson Inc. 9Colorado Center Tow One Suite 6000 LW 2000 South Colorado Boulevard I I 12+00 Vert. Scale: As Noted Unit Leader Initials 540-6two 490-4966 EL. -4656.50 100 Yr. WSE Elev. 4651.08 alnrink a . - • • • S • - • 0' -31/2„ Brg. Abut. 3 ---B.F. Abut. 3 10' 20' N • Bottom of Channel Elev. 4641.6(±) 1.75' Freeboard (Min.) — 100 Yr. Scour Profile 2.0'.,.Cottle 12+50 S CTION (Token at Q Bridge and Horizontal Control Line) *Finished Roadway Elevation (Top of Asphalt) Sheet Revisions Comments • Elev. 4655.77* Precast Concrete Barrier Type 4 12" Compacted A.B.C. (Class 6) I 13+00 Weld County Public Works Department Colorado Deportment of Transportation TIP 1010. 10Ih Stan arm CO .0634 Pin 670-350-22u FAX 970-3S0-2196 1111 H Street P.Q. Box 758 Greeley, CO 80632 Tele. (970) 304-6496x3750 Fox (970) 304-6497 40' 4665 4655 4645 4635 4625 13+50 As Constructed No Revisions: Revised: a alamml a SEMIMPI a a Des Det She 4 6 I1 1 Hello