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Home My WebLink About20163285.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF IRRIGATION PIPE AND FLARED END SECTION WITHIN COUNTY ROAD 26 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - HERMAN 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 Irrigation Pipe and Flared End Section within County Road 26 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 Herman Farms, LLC, 12994 County Road 28, Platteville, Colorado 80651, 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 Irrigation Pipe and Flared End Section within County Road 26 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 Herman 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. Gc1 (Duo cmel, <Srv) II rgfICo 2016-3285 EG0073 RE: NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF IRRIGATION PIPE AND FLARED END SECTION WITHIN COUNTY ROAD 26 RIGHT-OF-WAY - HERMAN FARMS, LLC The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: die -AN) G:.-C,lto•gA. Mike Freeman, Chair Weld County Clerk to the Board BY: .))_0_,e,,f) eputy Clerk to the Board ED AST County Attorney Date of signature: ( t (el* c Sean P. CRnway, Pro-Tem teve Moreno 2016-3285 EG0073 Uon+Td bft MEMORANDUM TO: Clerk to the Board DATE: October 14, 2016 FROM: Mike Bedell, Public Works Department SUBJECT: Agenda Item RE: Bridge 26/25A Replacement Attached are two duplicate original Nonexclusive License Agreements with Herman Farms, LLC. Please return one original to Public Works M:\'rancie\AGENDA memos\Agenda-Mike B.doc 2016-3285 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Herman Farms Nonexclusive License Agreement for Bridge 26125A Replacement DEPARTMENT: Public Works DATE: October 1% 2016 P SON QUESTING: Don Dunker and Michael BedeIt1 Public Works Denarthent Brief description of the problem/issue: Public Works Department is requesting approval of this nonexc t usi ve license agreement associated with the upcoming replacement of Bridge 26/25A. Frank Haug (CAO) prepared this cement With input m Public Works. An existing 12" diameter plastic pipe which conveys irrigation water under WCR.26 for Herman Farms is within. the project limits and should be replaced. Public Works has proposed toreplace it -" .� of � .. _ p . p pipe with a �. � reinforced concrete pipe as part the project. Public Works believes this new irrigation pishould be operated and maintained solely by the landowner which it serves, and that we should have the right la remove the pipe in the future if necessary. Therefore a nonexclusive license agreement was developed to document interests and responsibilities of the County and Herman Pis in this matter. Recommendation to the Board: Department recommends the Board approve this nonexclusive license agreement Construction of this bridge replacement nt project is antic i n' a : ed. to start in December, 2016. Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno Approve Schedule Recommendation Work Session inf Attachments: Herman Farms Nonexclusive License Agreement and Sheet 423 of Project Plans p NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF IRRIGATION PIPE AND FLARED END SECTION WITHIN WELD COUNTY ROAD 26 RIGHT OF WAY THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this 7 day of Le is. , 2016, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado 80631, as First Party, and Herman Farms, LLC, as Second Party whose address is 12994 County Road 28, Platteville, CO 80651. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located along the Section Line between Sections 31, Township 3 North, Range 66 West and Section 6, Township 2 North, Range 66 West of the 6th P.M. in Weld County, Colorado, ands WHEREAS, First Party is the owner of the right-of-way known as CR 26 and located as follows: 60' (feet) of Public Right -of -Way, 30' (feet) on either side of the Section Line between Sections 31, Township 3 North, Range 66 West and Section 6, Township 2 North, Range 66 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 an irrigation pipe located under County Road 26 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 irrigation pipe and flared end section (FES) within the ROW. The conditions by which Second Party may maintain and/or access irrigation pipe and FES within the ROW are as follows: 1. The parties intend that this Agreement shall allow Second Party to maintain and access the irrigation pipe and FES as it is designed in the Approved Construction Drawings for WCR 26/25A Bridge Replacement Project, Project Number BRO C030-053; Project Code 19175 applicable sheets attached hereto. However, First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, and such revocation may operate, at First Party's sole discretion, to 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 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 4247400 Pages: 1 of 5 10/24/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO oto--3Oiin III )tkIiM\I'EAIt iii 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, but in no event shall Second Party be required to remove any during the irrigation season, which is presumed to be March 15th through September 15th of each year. 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. 2. The maintenance and/or access of irrigation pipe and FES 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. ROW shall be maintained in the present state as found at this time. Second Party shall be responsible to appropriately maintain and/or remove any trees, branches and other vegetation debris, which have the potential to create hazardous driving conditions to the public utilizing Weld County Road 26. 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, 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 conveyance of run-off from CR 26 into Second Party's irrigation ditch, pond and adjacent fields. 3. 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 and/or 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 4247400 Pages : 2 of 5 10/24/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �IIIl� "��Nw 1NA: h'I101 1 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 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 be 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 be binding upon the parties hereto, their successors, and assigns. 4247400 Pages: 3 of 5 10/24/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 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 ATTEST: airittA) adido;ek Weld C• . my Clerk to the : oard BY: Deputy Clerk i the : oard SECOND PARTY: HERMAN FARMS, LLC B f Garr' Herman BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Truk te ike Freeman, Chair STATE OF COLORADO ) ss. County of Weld ) The foregoing instrument was acknowledged before me this by eattl f-krnmckn WITNESS my hand and official seal My commission expires: OCT 1 9 2016 day of ctcC r,2016, Unieb1/4-t Notary Public syL‘+ ao DEBRA A. OSTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134053552 MY COMMISSION EXPIRES AUGUST 26, 2017 4247400 Pages : 4 of 5 10/24/2016 12:52 PM Roee :"0 . d Coun t y , CO Carly Koppes, Cle eoI I iu • atQbA a'oi40 - 30gesC) 9 a ----TOE OF FILl. (TYP.) WITH (2) END SECTIONS 0 cc •r. i It• rr r r r MPV raver .„ le m ht - Dar 401 not z 'Ads v'a 614, to at5 elz O F x .. -W a+otn LaI 1ZY O O 3 taco a3o (.4 tZ C. 0 at x W It 86 ww z 1 SC In tO Gnaw #.#00. �afKlm rN Q yr Z tat at>MO — La1 Q z 0a F ZF ZZ td mw tacit tacit a ta,W IRCN/ a_t•e•• r•a to a cc Mta > •a Q. •.1 .i., a• SP-. a •- O CD LL! ran 1 9 W F- 11 64 a if u§ a F Z !_-cc fir. 3 Z tv Ota.atnt Z2icg' o2(0 ta OL 'a C � Z t- tatWO0t- aZaa�t.i taz air Q O — tawo V � —'-Co .( < '3WX O Wg% `Ovt- In a w SEE COOT STANDARD PLAN N'&03-10 FOR ADDITIONAL NOTES AND DETAILS. I taJ 0 go C • • isalb 19013 V MOADWAY IIr M.C 0 J. O Q CT g in F Er -----1 a 0 WD CADYfl Ma 0 t+r- ta zWO 0 x ii Cr 2 f.lZ t.si CnQ cat-Jrz •o22 ZJpaU aIs) -Z 0 tai Wt 0 tnZo ,-U Wad&%tat EC girt t- flat 7ODW y& 00 a e I KOO Q 2 _MP -0 m > tan3-4 ID tat ae0 W�®t& ta n. <L``> vtai�O O tattokl OHO Dag WM CL I etOS £51013 • • i i 5 13 us to Nr Id. t° wo a 2 F z giig 0 pc �j st miw 00 g. ow �I1 tm r 3 1w a I Z •r1 0 F- m J 4J 2 0 It cc Project No./Code 813O C030-053 M N Sheet Number PIPE DETAILS cc ale 3 to 4, 0 O rr C a NQ Revisions) op a 0 0 3 C N 00 i 0 0 V to Q O 6 eq O 0 4O 0 -J 3 -I- 0 O as m C u C C N :Q C O ;u x g r. .toe g ragas :are lo to 0- 0. a 00 4247400 Pages: 5 of 5 10/24/2016 12:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII rdliCilciellttits'ihigiiiiitiliigileiMikK 14 111111 Hello