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Home My WebLink About20152183.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE AND/OR USE OF IRRIGATION AND FARMING RELATED STRUCTURES WITHIN COUNTY ROAD 47 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -WAKE LLLP 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 and Farming Related Structures within County Road 47 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 Wake LLLP, 801 8th Street, Ste 220, Greeley, CO 80631, 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 and Farming Related Structures within County Road 47 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 Wake, LLLP, 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 20th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d �� ' G `�-�'`-' .�Q2� / ',A arbara Kirkmeyer, Chair / Weld County Clerk to the Board � � Mike Freeman, Pro-Tern BY: (lO�AJ p u the Clerk to the oard \'. isz Sean P. Cones y C APP: p i.r ARM: l ; .�"'•. . ie Cozad my Attorney ®u'' �. 01, Steve Moreno Date of signature: gI// 2015-2183 ea:PO( /FC)") tcLiZC> NI EG0072 NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF IRRIGATION AND FARMING RELATED STRUCTURES WITHIN WELD COUNTY ROAD 47 RIGHT OF WAY THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into thi soiiday of �1 lC U , 20/5: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 Wake LLLP, as Second Party whose address is 801 8th Street STE 220, Greeley, CO 80631. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the eastern 30' (feet) of Public Right-of-Way located along the Section Line between Sections 23 and 24, Township 6 North, Range 65 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 47 for a distance of one mile from CR 66 to SH 392 and located as follows: 60' (feet) of Public Right-of-Way between Sections 23 and 24, Township 6 North, Range 65 West, 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 irrigation and farming related structures 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 and farming related structures within the ROW. The conditions by which Second Party may maintain and/or access irrigation and farming related structures within the ROW are as follows: 1. The parties intend that this Agreement shall allow Second Party to maintain and access the irrigation and farming related structures as they currently exist on First Party's ROW. 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 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 4127638 Pages: 1 of 4 07/24/2015 10:52 AM R Fee:$0.00$0.00 2015-2183 Carly Koppes, Clerk and Recorder, Weld County, CO 111111 kr li C?' Iti'n 11111 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 115th 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 and farming related structures 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 general public utilizing Weld County Road 47. b. No additional facilities or uses are permitted. If the facilities currently installed in the ROW are damaged and require repair costing more than 50% of the value of the facilities, Second Party shall be required to remove the facilities entirely from the ROW. This section shall not preclude Second Party from installing new replacement facilities entirely outside of the ROW. c. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use. d. 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. e. Second Party shall agree to accept any conveyance of run-off from CR 47 into Second Party's irrigation ditch 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. 4127638 Pages: 2 of 4 07/24/2015 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IVO rig I"r ikg; 11111 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 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 teiiu 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 4127638 Pages: 3 of 4 0a/24/20P5 10:52 AM , Clerk d R oeder$0W00d County: CO +nj� fii'r 1:14411,,,), �I 111 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. 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: W•arA4A) JK •ok BOARD OF COUNTY COMMISSIONERS Weld C,r ty Clerk to the Board mow„„ WELD COUNTY, COLORADO BY: � '/ir. r. d'/`1"— Deputy Clerk to e Board arbara Kirkme�er Chair 361 "•.-,tax "�� ; lL 2 0 2015 APPROVED AS TO FO . i'' : ` APPR VED AST SUBS ANCE: "PS County Attorney E ct cial or Dep rtment Head SECOND PARTY: NAME NAME BY: bl/Gt..1L e- By: vt/J-dam STATE OF COLORADO ) ss. County of Weld ) The foregoing instrument was acknowledged before me this day of �I t j { , 2015, by dktu�, J WITNESS my hand and official seal n I ail, ut,A ) I� t y Public My commission expires RAFAELA ALICIA M RTINE NOTARY PU IC STATE OF COLORADO NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2018 4127638 Pages: 4 of 4 oZ6�� c:2io c3 07/24/2015 10..52 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■III M��N��«'LI�i�Y'Ii,, M'Y�,lit NA MD 11111 Hello