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Home My WebLink About20141267.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 56 SECTION LINE ACCESS AT COUNTY ROAD 89 AND AUTHORIZE CHAIR TO SIGN - BILL BARRETT CORPORATION 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 56 Section Line Access at County Road 89 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 Bill Barrett Corporation, 1099 18th Street, Suite 2300, Denver, Colorado 80202, 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 56 Section Line Access at County Road 89 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 Bill Barrett Corporation 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 23rd day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daradcwo 1/ ) •Aa oe,:, a•', [ � - L� ,Dougl9s Rademair Weld County Clerk to the Bo-� �';;;��• LLB-w�_ /VA,. L 1 361 I � ; 'arbara Kirkme -r, Pro-T= BY: ( , l 11_ 1 IJl��: '•iiid� Dep i Clerk to the Boar.%r AN Sean P. Conway C APP ORM: , Mike Freepa n y Att mey Wi am Garcia Date of signature: 5151 �CCPW E.R.,R+F k> PL(mra OC,Ae 5112 67 V,Y 201G01 70 EG0070 MEMORANDUM TO: Clerk to the Board DATE: 4/17/2014 1861 FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Non-Exclusive License u F Agreement: Bill Barrett Corporation(CR's 56 & 89 08zG 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 Bill Barrett Corporation to utilize Weld County Road 56 Section Line Access on WCR 56 Section Line at CR 89, for a distance of 1.66 miles to access their Water Disposal Facility. Recommendation: Weld County Public Works Department performed a site inspection, at the above mentioned location, and observed that an existing Oil & Gas access road is already in operation and is being properly maintained. All required documentation has been provided by the applicant. The Department of Public Works recommends approval of this Non-Exclusive License Agreement. Enclosures pc: Elizabeth Relford,Weld County Public Works Michelle Martin,Weld County Planning Services 2014-1267 M:\AGREEMENTS\Non-exclusive\2014\NLA14-01 Bill Barrett CR 56&89\2014 Non-Exclusive License Agreement#1-Bill Barrett Corp(CR's 56&89)-MEMO.docx • • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisl 8 day of March 2014, 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 Pam-, and Bill Barrett Corporation . as Second Party whose addressis 1099 18th Street, Suite 2300 Denver, Colorado 80202 , WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the west side of Section 36 , Township 5 North. Range 62 West of the 6'h P.M. in Weld County; Colorado. and \VHERE.AS, First Pam'is the owner of the right-of-way known as\VCR 56 for a distance of • • 8, 750 feet west of WCR 89 and located as follows: west along__sD11th of sec. 17 & 18 , between WCR 89 & 85 and between Sections 17 and 1 8,Township 5 North, Range 6 1West. in Weld County.Colorado, which is hereinafter referred to as • "ROW." and WHEREAS, ROW is currently not being maintained by First Pam, 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 Pam' does grant to • Second Pam', 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 Pam'retains the right to revoke this Nonexclusive License Agreement at any time for any reason, • but such revocation shall not prohibit Second Pam'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 Pam-shall give Second Pam'writen 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 Pam' shall have the duty of informing First Party of Second Parry'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 Pam', which manner shall include, but not be limited to, the following: • 4014429 Pages: 1 of 4 05/07/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County.. CO ■III N1�1N�:Ylti!Me 115' 11111 2oty�l aloe A __ • 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 ntinimunl of20 feet. h. lithe installation Ufa cross cull rt is refit trey! through an existing ,ainage pattern or ditch, Second Party shall he responsible to supply and install such culvert. which shall he inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the cult ert after its installation, including periodically cleaning the same. c. if the installation pia cattle guard is required. Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall he responsible to maintain the cetllc guard tiller 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, hut is intended to provide access to private property. Prior to commencing work within the POW. Second Parts shall, through the services ofa licensed registered surveyor hired and ,pad for by Second featv. mark the location of the exterior boundaries of the ROW. 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 ovoi expense and without the aid or use of Weld County funds. Second Party shall be responsible for snots removal from ROW, ifrequired to gain access, as part of the maintenance responsibilities referred to herein. q. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any &a we. 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 or First ('arty, 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,empdoyen, and agents lion any and all claims and damages of ti.ilat cever character to propert,owned by Second Party resulting from any act,either on the part of the First Pam, 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, far which no consent shall be required. Second Party shall not assign any or all of is rights tinder this Not-Inclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably tsithheld. 4014429 Pages: 2 of 4 05/07/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder., Weld County, CO liv frrjlI11C I t JIfr��4P:lu'f'K��YsLh�+i Nl� lei+Y4 t 11111 • 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 he waived. 12. There shall be a 5100.00 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 4014429 Pages: 3 of 4 05/07/2014 10:56 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO VIII M!�1!!�rRi'JI�I''1�4R Y.4Hlll'iil,O.C1L10.1 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, COLO(RRADO, ATTEST: dj,itAet) Jdt00.6i Clerk to the Board By: .L .� / /, dll/ i + �� . -S'(GW AVOL.v p t a1► �eu Clerk woe, o las ademacher' Chair n 1b61 1k-flit— I�' APR 2 3 2014 SECOND PARTY: NAME NAME By: Mitchell J.Rama Vice President-Land SUBSCRIBED AND SWORN O to before me this 3l'day of f , 20/9 , BY f lk tdt ✓. P-endui WITNESS my hand and official seal Notary Public My commission expires: CHERYL D. MATTKA NOTARY PUBLIC OF COLORADO NOTARY IF Ii 23J74n17315 FRFCRINNSS:R:1AXPIAFS2tiCrRIFER 05 7015 M.(AGREEMENTS\Nan-eXctusive'',AGREEME]'T FORM.do= 4 4014429 Pages: 4 of 4 05/07/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO ■IIIMIrdlJni.11101:IININA ILIANIO Yid III III D111-/421P7 r ,..,(1 ... . L..0 ..-...0, &:, ..•_si • :11/____224__ 2014 Non - Exclusive License Agreement # 1 : ►LORADO STATE OF Bill Barrett Corp . ( CR's 56 & 89 O& G Road ) SCHOOL DIST No. RE 50 CARLSON ROY & BEVERLY & CO MOUA XOR CHI L & S CAPITAL LTD 1 1 7 L & S CAPITAL LTD ;c ; *--71:.:" CR 56 Section Line Access from CR 89 (Distance = 1 . 66 Miles ) -- _ ap . co - ,ran -n-N-RTZ--P Irarriumr Tr EQUUS FARMS INC COLORADO STATE OF COLORADO STATE OF 1 20 COLORADO STATE OF NELSON JAMES M )LORADO STATE OF COLORADO STATE OF COLORADO STATE OF COLORADO STATE OF BALE DAVID E — Le BALE DAV ) E g isee? n Y a NI N u n N O MN ON N IN v, ,a 94$I li'N Paved "'y„ GROVER : "',a +,one • n4u n 1 m',p NUNN : +No . iSh\ - Gravel :PIE W NEWDAYMER " ' i , �. N N AULjP.......... .......y ;....,r.TO - %10/. r 1861 i 1 Arterial Service WINDSORIT .a ;; `10 Nw,� nsM /��l- r j � wi GRE iS ..NN C 1 pi �' J 2 Local Service l : �.j �a i' EA' l LASAEL '''''••� � 0 725 1 ,450 ONE ONT °`n immos 3 Half and Half N ,1 IEf.,.. U;QCSON..q, wp �DA.CONO sr' , Feet Parcels �11� C) • • • • • • • 1 8 • • 1 7 • • • • • .• ..• r: 1 9 2 0 •• ^^11 • 11 >_ • • r z County Road Weld Road Right of Way Vacated County Road Usage T05N 5 N R 61 W Wagon Trail This product has been developed solely for internal use only by Weld County.The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is Su bdiv/RE/Future Road not guaranteed. The designation of lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL Private Road/Crossing DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS,ACCURACY, OR State Highway CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY,ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. No part of the product may be copied, reproduced or transmitted in any form or by any Resolution 1889 means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording, scanning, or by any information retrieval system or any non-approved purpose without the express written consent of Weld County. Bill Barrett Corporation April 3, 2014 Mr. Don Carroll Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 RE: Non-Exclusive License Agreement Application WCR 56 west of WCR 89 Dear Mr. Carroll: Attached is the application of Bill Barrett Corporation ("BBC")for a Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way covering approximately 8,750 feet of right- of-way on WCR 56 extending westward from its junction with WCR 89. This application covers an existing road that services the adjacent land owners and the oil and gas facilities of several operators. BBC has identified this route as the best possible route to its proposed Salt Water Disposal development in Section 36-5N-62W, which is currently under pending USR and SE applications for Parcel No. 0967-362-00004. Please advise if you require further information or if you have any questions. Upon determination of completeness, we request the earliest possible hearing with the Board of County Commissioners. Please do not hesitate to call me at(970) 230-0924. Thank you for your assistance, BILL BARRETT CORPORATION Jeff Fandrich /jkf 6513 WEST 4t"ST. GREELEY, CO 80634 P 970.353.0407 F 970.353.0691 Hello