HomeMy WebLinkAbout20151529.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 23 AND AUTHORIZE CHAIR TO SIGN -
A BETTER JOB, INC., C/O TROY HAUER
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 Upgrade and Maintenance of County Road 23 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 A Better Job, Inc., do Troy Hauer, 38515 CR 41, Eaton,
CO 80615, 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 Upgrade and Maintenance of
County Road 23 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 A Better Job, Inc., do Troy Hauer, 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 27th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:J �,,�/ EXCUSED
aC1�•�' Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
• Mike FreemapPro-Tem
BY:
D p y Clerk to the :oar,I^
Sean P. Co way
APPRO :'• •- f Iles ,fig s i ALP
/S ' u ie A. ozad
County orn-y ��iT`Ii .;' . EXCUSED
a/24 „i Steve Moreno
Date of signature: /
ePW(RIVE R.)iCet(5C)j (KO) 2015-1529
LO--2-4-(.015 EG0072
MEMORANDUM
1 O: Clerk to the Board
Nct � DATE: 5/21/2015
Tr FROM: Richard Hastings, Public Works Department
CC -5-u N II EET&-------
SUBJECT: BOCC Agenda Item: Non-Exclusive License
G O U Agreement: Troy Hauer, A Better Job, Inc.
(CR 23 Section Line from CR 96 to CR 98 — RE Road)
Request for approval of Non-Exclusive License Agreement:
Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-
Way with Troy Hauer, president of A Better Job, Inc., property owner, to utilize Weld County
Road 23 for a distance of approximately one mile between Weld County Roads 96 and 98, in
association with a two-lot Recorded Exemption (RECX-15-0043), for construction of two single-
family homes.
Recommendation:
Weld County Public Works Department has observed that an existing access is already in
operation. All required documentation has been provided by the applicant. The Department of
Public Works recommends approval of this Non-Exclusive License Agreement.
pc: Elizabeth Relford, Weld County Public Works 2015- 1529
Bob Choate, Assistant County Attorney
Kim Ogle, Weld County Planning Services
M:\AGREEMENTSWon-exclusive\20151#6 Hauer12015 Non-Exclusive License Agreement #6-Hauer (CR 23, 96-98)-MEM0.docx
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
T S EXCLUSIVE LICENSE AGREEMENT, made and entered into this ay of
, 20,42 by and between WELD COUNTY, COLORADO, by and through the Board
of County Co missioners of Weld County Colorado, whose address its 1150 O Street,Greeley, Colorado
80631, as First Party, and A i3c//r 4S j3't f/.-u-rte . f$
I"c-r •-2--c,,f. , as Second Party whose
address Sr57 4,'c#L '-// /_..%="4-jr_.),...- C,%v. 'oc0/5
WITNESSETH:
WHERE S, Second Party desires to more effectively access property located at the
////_ of Section al.„.,Township?'North,Range C Vest of the 6th
P.M. in Weld ounty, Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCRa2$for a distance of
/ -- !'1'/;7c .44-/-A 7t) WCR and located as follows: ..-i 1.--"e an' TE
'`'o -",-14-1-r-- .Z3 .-t/� / G1 T", C1O�- 9 obetweenSections
and r Township North,
Range, 7 West, in Weld County,Colorado,which is hereinafter referred to as I
(1`�`7RO36- -F,at o� 1`(�(,� ors) 3e e_o s� 5 t O"-' ' 14\e, S e_c� 1 O W 4 4 N e_,
WHEREAS, ROW is currently not being maintained by First Party, and
WHEREAS,Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense
in order to provide said more effective access.
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 upgrade and maintain ROW without gating
or fencing across the same.
The conditions by which Second Party may upgrade and maintain ROW are as follows:
1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,
but 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
License Agreement at least ninety(90)days prior to the intended date of revocation. 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 his address written above.
2. The upgrade and maintenance of 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:
1
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Carly Koppes. Clerk and Recorder. Weld County. CO
■III Mli1R'i%Rllii{h'44iL'IM.jiP VIII1A 11,11.II}Fi i "Ill
a. ROW shall be constructed and maintained as a graded and drained all-weather road. The
access width requirements for emergency equipment(fire department)are a minimum of 20
feet.
b. If the installation of a cross culvert is required through an existing drainage pattern or ditch,
Second Party shall be responsible to supply and install such culvert, which shall be inspected
by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be
responsible to maintain the culvert after its installation, including periodically cleaning the
same.
c. If the installation of a cattle guard is required,Second Party shall be responsible to supply and
install such cattle guard, which shall meet County standards. Second Party shall be
responsible to maintain the cattle guard after its installation, including periodically cleaning
the same.
d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for
private use, but is intended to provide access to private property.
e. Prior to commending work within the ROW, Second Party shall, through the services of a
licensed registered surveyor hired and paid for by Second Party, mark the location of the
exterior boundaries of the ROW.
3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in
Paragraph I above, or any other requirements stated by First Party, 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 upgrade and maintenance
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 upgrade and maintenance 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 property owned by Second Party resulting from any act,either on
the part of the First Party or on the part of any third part).
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
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Carly Koppes, Clerk and Recorder. Weld County. CO
VIIIFraiktl h119A:14,4.1 IAA I' UrG I!Wlt, iIIII
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.
11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs
identifying the section line road intersection for the use of addressing and emergency response. The
blue and white signs identify a non-maintained County right-of-way. Distance and location from the
nearest maintained County road may require additional information signs. If existing signs are in
place, the fee may be waived.
12. There shall be a $100.00 fee for the Nonexclusive License Agreement.
It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and
conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns.
3
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Carly Koppes Clerk and Recorder. Weld County CO
VIIINiratilNii?L 'Iii'M,;i0:Y.0,fraLn,@i1,IiM llvi II III
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY,COLORADO
ATTEST: W. 'IA
Cler o the ' 'ard
By. By:
Depu 'Clerk �lUt '• 1/41 ' Mike Freeman, Pro—Tem
MAY 2 7 2015
SECOND PARTY:
NAME NAME
By: Gl By: * /4AfC—
SUBSOLIBED Abip SWORN to before me this I day of 20/ ) ,
By L/I o/ vablet
official sea �GG"V
WITNESS my hand and l
Notary Public
BILLIE J MOORE
My commission expires: /(01 1-9-1 it NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20024034431
MY COMMISSION EXPIRES OCT. 22, 2018
M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc
4
4110676 Pages: 4 eofe 5 00-4,021
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05/28/2015Carly
lyKops 1Clerk39 PM R and ecorrder,,OWed County, CO `
SID M��11CIii:Iii1,Ijli:0ifti,4GfahL'7109,1.&'dli II III
IN WITNESS WHEREOF, Weld County and have caused this
agreement to be executed this, day of , 20/6.
APPROVED AS�TANCE://
C _
He ed Off ial or Department Head
K.10-r- PePPtie_AB LE —
Director of General Services
APPROVED AS' TO FUNDING:
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Controller `
APPR !!// ASTOO
County At
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05/28/2015 10:676 39�PIMerk � R oeo�$W00d county,
ounty Co
Gayly Koppes�IIIM��1�P%? !?4 l I rAiDhltll4t'LCfkIhI��W4i It(H
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1 , 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. O Agent
• Print your name and address on the reverse x 19'41Q--*` ��-�_ ❑ Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, ir .
or on the front if space permits.
-_ D. Is delivery address different from item 1? O Yes
1 . Article Addressed to: (s' If YES, enter delivery address below: ❑ No
MAYA, )G 6coet14 &_.5
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� ��� Ga t/ O Registered O Return Receipt for Merchandise
/L�/✓1 ��"—j ��"' O Insured Mail O Collect on Delivery
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4. Restricted Delivery? (Extra Fee) O Yes
2. Article Number ? 014 1820 0001 7537 8879
(Transfer from service label) --
PS Form 3811 , July 2013 Domestic Return Receipt
r.
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
A. 'gnature
• Complete items 1 , 2, and 3. Also complete O Agent
item 4 if Restricted Delivery is desired. , O Addressee
■ Print your name and address on the reverse l/����i i (il
so that we can return the card to you. B. eceived by (Printed Name C. Date of Delivery
• Attach this card to the back of the mailpiece, —7 (S
or on the front if space permits. D. Is delivery address different from item 1? O Yes
1 . Article Addressed to: If YES, enter delivery address below: O No
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❑ Registered O Return Receipt for Merchandise
❑ Insured Mail O Collect on Delivery
4. Restricted Delivery? (Extra Fee) O Yes
2. Article Number 7014 1820 0001 7537 8862
(Transfer from service label)
PS Form 3811 , July 2013 Domestic Return Receipt
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1 , 2, and 3. Also complete A. Signature
r- O Agent
item 4 if Restricted Delivery is desired. ) ❑ Addressee
• Print your name and address on the reverse
so that we can return the card to you. . Received by rimed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, C] �LJ IS
on the front if space permits.
D. Is delivery address different from item 1? O Yes
1 . Article Addressed to: If YES, enter delivery address below: O No filt-41 .57 lAt C
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❑ Insured Mail O Collect on Delivery
4. Restricted Delivery? (Extra Fee) O Yes
2. Article Number 70114 1820 000 ; 7537 8886
(Transfer from service label) —
PS Form 3811 , July 2013 Domestic Return Receipt
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'Q • ` ;aril Weld County, Colorado Print Date
r Road ROW Map 5/11/2015
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Weld County Information Technology http://www.co.weld.co.us/Departments/GIS/index.html
1400 N 17th Ave, Greeley, CO (970) 304-6570 x 2520; maps®weldgov.com
WELD COUNTY ACCESS PERMIT
Weld County Public Works Dept. �k✓�I �' Phone: (970) 304-6496
1111 H Street After Hours: (970) 356-4000
P.O. Box 758 - 3 rat Emergency Services: (970) 304-6500 x 2700
Greeley, CO 80632 O,,V7 . ! °CNN Inspection: (970) 304-6480 4. 41C Nt4 Permit Number: AP15-00115
Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado.
Project Name: Residential Access Expiration date: 08/26/2015
Applicant Information: Property Owner Information:
Name: Troy Hauer Name:
Company: A Better Job Inc. Company: same as applicant
Phone: 970-302-0401 Phone:
Email: hauercustombuilders@gmail.com Email:
Location: Proposed Use:
Access is on WCR: 96 Temporary:
Nearest Intersection WCR: 96 & WCR: 27 Single Residential: El
Distance From Intersection: 10435 Industrial:
Number of Existing Accesses: Small Commercial:
Planning Process: Oil & Gas:
Large Commercial:
Road Surface Type & Construction Information: Subdivision:
Road Surface: Field (Agricultural
Culvert Size & Type: Only)/Exempt:
Start Date: Finish Date:
Materials to Construct Access: existing
Required Attached Documents Submitted:
Traffic Control Plan: No Certificate of Insurance: No Access Pictures: Yes
A copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work
Special Requirements or Comments
Parcel 055502000005. Utilize existing access point on CR 96 (1 -Residential) located approx. 10435 ft. West of CR 27.
Approved by: aItysigned byMorgan Weld County Public Works Date: 3/6/2015
ON:cm-Morgan Gabber',o.ou.
emall=mgabbert@weldgov.com.
c=US
Date:2015.03.06 091434-07'00'
Print Date -Time: 3/6/2015 9: 14: 11AM Report ID: PW00008v001 Page 1 of 1
WELD COUNTY PUBLIC WORKS
1111 H Street 0 CO &A Phone: (970) 304-6496
P . O . Box 758 � � Fax: (970) 304-6497
Greeley , CO 80632
6� .�: .,�, Qom;
LiC 'NO
PAYMENT RECEIPT
Permit #: NP15-00005
Permit Type: Miscellaneous
Applicant: Troy Hauer
Hauer Custom Builders Inc
38515CR41
Date Amount Paid Pmt Method Reference # Cashier
05/18/2015 $ 100 . 00 Check 1136 MCAUDILL
Comments:
Total Payments : $100.00
Balance Due : $ 0.00
Thank You !
BANK OF COLORADO 1136
HAUER CUSTOM BUILDERS INC EATON, CO 80615-8270
38515 WCR 41 82-244/1070
EATON, CO 80615
PH 970-454-1300 Oar'_ /r—
PAY TO THE Cl/ (Cc/.e/. '1/ 7 420 �— 1
ORDER OF - _- C
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MEMO
V' — /2 ) AUTHORIZED SIGNATURE
/LW< - OO3os II' 00 L L 36O 1 : LO ? DO 244w: 29000038 2 �, u'
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