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Home My WebLink About20141266.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 72 SECTION LINE ACCESS AT COUNTY ROAD 83 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 72 Section Line Access at County Road 83 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 72 Section Line Access at County Road 83 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: C�/j tom( 11'•t= , Dougl s Rade acher, Chair Weld County Clerk to the Boar? \\ '° '�> > • rbara Kirkme - Pro-Tent BY: '� 1 ./ ! De• tBClerk to the Board rl�l •nP a"t`�r�an P. Conway I71F U ✓ �� APPR D A . � _ d l -1't--J-�('Thu - Mike F e o. ' Attorney I lam . Garcia Date of signature: 6/51/4 CC : p j�R / iER..,1'C) f�L1MM,1� f>O� to #, 4/ 3 5112_ 2014-1266 / 'vkpititC1EG0070 MEMORANDUM TO: Clerk to the Board DATE: 4/17/2014 1861 Ili` � 1' ;� 1 FROM: Richard Hastings, Public Works Department ? ' � ' SUBJECT: BOCC Agenda Item: Non-Exclusive License V A U N T Y Agreement: Bill Barrett Corporation (CR's 72 & 83 O&G 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 utiliz . Weld County Road 72 Section Line Access on WCR 72 Section Line at CR 83, for a distance of 1 mile to access their drill sites. Recommendation: Weld County Public Works Department performed a site inspection, at the above mentioned location, and observed that there is no existing Oil & Gas access road in place and that this Agreement will require a new access road being constructed and properly maintained. The current landowner has been contacted and is agreeable to construction of a new access road across his property. 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 2014-1266 Michelle Martin,Weld County Planning Services M:\AGREEMENTS\Non-exclusive\2014\NLA14-03 Bill Barrett CR 72&83\2014 Non--Exclusive License Agreement#3 Bill Barrett Corp(CR's 72&83)-MEMO.docx NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this18day of March _01 4. 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 Bill Barrett Corporation • • address is 1099 18th Street, Suite 2300 Denver, Coloradon80202hose \VITNESSETH: WHEREAS, Second Party desires to 'note effectively access property' located at the North side of Section 11 . Township 6 North, Range 62West of the 6th P.M. in Weld County, Colorado. and • WHEREAS, First Pam' is the owner of the right-of-way known as WCR 72 for a distance of 5280 feet west of \VCR 83 and located as follows:the south side of the section line between WCR 83 and WCR 81 and and 11,Township 6 N'o.nh. Range Weld between e Sections re 2 62 \I%.';t. in Count:, Colorado, which is hereinaferreferredtoas "ROW," and WHEREAS, ROW' is currently not being maintained by First Part y, and WHEREAS, Second Pan} wishes to upgrade and thereafter maintain ROW at iris/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 parry to be perforated hereunder, and upon the conditions herein stated. First Pam' does grant to Second Parry, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. _ The conditions by which Second Pam' 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 Parry'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 written notice of its intent to revoke this Nonexclusive License Agreement at leas:ninety(90)days prior to the intended date of revocation. Such notice shall be sent to Second Pam by Certified Mail to its address written above or served upon Second Part'in accordance with the Colorado Rules of Civil Procedure. Second Pam' shall have the duty of informing First Pam'of Second Pam's chance in address from his address written above. 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: 4014428 Pages: 1 of 4 05/07/2014 10:56 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIIIN1�11�l1��Ir''?I�ltilt4''�rl'LR�:t laIIII 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 of20 feet. h. If the installation ofa cross culvert is required through an existing drainage pattern or ditch, Second Party shall be 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 culver after its installation, including periodically cleaning the same. c. If the installation ofa 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. c. 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. =. 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 sane harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained be 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 front any and all third party claims and damages that said upgrade and maintenance inn, 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 party. 6. Other than assignments in connection with the mortgageorsale of all orsubstantially all of the Second • Party's assets or equity interests in Second Party, for which no consent shall he 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. • 4014428 Pages: 2 of 4 05/07/2014 10:56 R11 R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO ■��) I11C I��,il�l� Ifh',h24�flit MAW VI,IN 14, ■I III 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 part 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. I I. 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 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. • Pages: 3 of 0 00 4014428 R Fee $0 CO It{f` ,IIII 05Q077/20eln1 ,,1lleieri, and RReCoiiiirlY mui ijoii tip VIII FAT,,1 I n�T1�iYT1Yt tLY • 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: d1atifet) ( r�_�•C.L Clerk to the Board yC � � II By: a1�_4 Ago dI�ua �`Bs: Deputy Clerk t.` ® you las Rademacher , Chair 2 � it; �: g APR 3 2014 emes SECOND PARTY: % (9/ r t \ ,, y NAME NAME By: -._. 12 // I3': Mitchell L 6teoeau Vice President-Land SUBSCRIBED L�AND SWORN to before me this3/'ay of a , 20//, By AL,1tri J; WITNESS my hand and official seal -_--_ �-- Notary Public CHERYL D. M 2rFKA NO FA,2Y PULL re fly commission expires: syrtrE nr Cr„ t, o nn A z2 n ft o ft5 N .'AGREE)4E\TSVAcn.escbusive AGREEvF\T FOR'I.do: 4 4014428 Pages: 4 of 4 05/07/2014 10:56 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO UNA rJi, 010111 I 21014 2014 Non - Exclusive License Agreement #3 : PARKER CBill Barrett Corp .or 72 & 83 O&G Road ) SHE'FFERD DANIEL ,, I" Ad /le MCELROY SEAN 1.is, 4,S ( RUH GUSTAVE A JR & DOR r44{Y MAY (LIF i " s :77= :fleet tit . ) LAY DARREN A _ r`• + '. ' , + ' SWANSON TIMOTHY H t' ' _ + i4 it �n4tF. .. ZRUH WILLIAM WILL FRED 0 & MOLLY 0 TRUST - CO t 40 - I RUH WILLIAM G CR 72 Section Line Access from CR 83 ( Distance = 1 Mile) f ,, '2 Via .: g. ,yam,.. it RKS AMBERLY ASECRETARY OF HOUSING & URBAN DEV CO CO RUH WILLIAM G SCHULTZ STEVEN hisd• b. 1 •} O .4 . , . 2' WILL FRED W MILLER HFI LLC LL FRED 0 & MOLLY 0 TRUST t4 r 4 , Ilit `c ft_ i . . a4 / 5 —Legend HUV 9 S31 410 4 9 C a 75 ., O NV 103 ill „Y 141 135 143140127 , , a77v au ++ v a n +ia na ,os •.s .,+ „e +♦r�4°,u+w Paved •G ROVER ± min 11C;� ' • 4. 11,14 ,/�'�' 107 ANUNN C toss Gravel - a W = E "PIERCErn, NEW+RAYMER . `TON-. `, a +m n+ ,n a wusn PI t.-_ - .- $ 1 Arterial Service WWDSOR`"r . as +w +++++7 +zs rnY1u/ uI GREEL'EY, � a a r ANS N mow 2 Local Service n?�eMl iIKE ' -WKERSEY K� ! wEA `ASA"1 : 0 500 1 , 000 . ----• IN LONG ONT s 3 Half and Half .AASE -- HUDSON ICI DASCO�NO. r:5;:3a 41 47 53 Sil 56 Tvn 0 r,P Feet Parcels , • _ _,......„..._..,,„, 3 __ 2 1 I _..... . ___ .., ___ _______________ _ _.._ •_ _____. _ _ __ 1 • 1 . 0 -- : I _ __ _______ _ 2 i i . cti Ji LA County Road Weld Road Right of Way 1 // i Vacated County Road Usage T06N R62W VA 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 Subdiv/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 taw. 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 CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY,ARISING FROM State Highway 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. 4 , 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 72 west of WCR 83 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 5,280 feet of right- of-way on WCR 72 extending westward from its junction with WCR 83. This application covers a proposed road that BBC has identified as the best possible route to its proposed development in Section 11-6N-62W. The same land owner owns both sides of the proposed route. 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 4Th ST. GREELEY, CO 80634 P 970.353.0407 F 970.353.0691 Hello