HomeMy WebLinkAbout20123618.tiff AGREEMENT TO GRANT TEMPORARY RIGHT OF ENTRY
THIS AGREEMENT for a Temporary Right of Entry is entered into this day of
December, 2012, between Geokinetics USA, Inc., (Grantee") by its Permit Agent, Cougar Land
Services, LLC, whose address is 2985 West 29'h Street, Suite B, Greeley, Colorado, 80631, "Grantee",
and the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street Greeley, Colorado 80631,
("Grantor").
WHEREAS, Grantee seeks conduct a seismograph survey, including the right to ingress and
egress for such purpose, of property owned by Grantor, and
WHEREAS, Grantor agrees that it is the owner of the property which Grantee seek to survey
and thereby has the authority to grant a temporary right of entry. and
WHEREAS, Grantor believes that said seismograph survey would be beneficial and
appropriate.
NOW,THEREFORE,the parties herein agree as follows:
Grantor's Responsibilities:
1. Grantor hereby grants to the Grantee, its contractors, and agents, a Temporary Right of
Entry in order to conduct a seismograph survey on and across Grantor's property. By the grant of this
Temporary Right of Entry Grantee, its contractors, and agents are permitted, during the period of the
survey, unlimited access in and to and across the land described in Exhibit A, a copy of which is
attached hereto and made a part hereof by this reference.
2 Grantor hereby grants Geokinetics USA Inc an irrevocable and assignable right to
enter in,on, over and across the land at the address described above,for the period not to exceed six
(6) months,beginning with the date of the signing of this instrument, and terminating upon the
completion of the seismograph survey.
Grantee's Responsibilities:
1. Grantee agrees to conduct its seismographic activities in accordance with standard
industry practices and in a careful and prudent manner.
2. Grantee agrees to indemnify and hold Grantor harmless from all liability and claims
that may result from the seismographic survey activities in which it will he engaged pursuant to this
Temporary Right of Entry.
3. Grantee acknowledges that this Temporary Right of Entry may involve existing public
rights-of-way and easements for public roads and highways, public utilities and pipelines, and that
such public uses may not be disturbed without the prior consent of Grantor.
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4. Grantee shall pay Grantor a fee for this Temporary Right of Entry in the amount of
Ten Dollars ($10.00) per acre, for the 61.85 acres subject to this Agreement,for a total amount of Six
Hundred Eighteen and 50/100 Dollars ($618.50).
Miscellaneous Provisions:
1. All tools, equipment, and other property taken upon or placed upon the land by
Grantee shall be removed by Grantee on or before the expiration of this Temporary Right of Entry
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County,Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended.
4. Grantee shall perform its duties hereunder as an independent contractor and not as an
employee of Grantor. Grantee shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Neither Grantee nor any agent or
employee of Grantee shall be deemed to be an agent or employee of Weld County. Grantee and its
employees and agents are not entitled to unemployment insurance or workers' compensation benefits
through Weld County and Weld County shall not pay for or otherwise provide such coverage for
Grantee or any of its agents or employees. Unemployment insurance benefits will be available to
Grantee and its employees and agents only if such coverage is made available by Grantee or a third
party. Grantee shall pay when due all applicable employment taxes and income taxes and local head
taxes (if applicable)incurred pursuant to this Agreement. Grantee shall not have authorization,express
or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in this Agreement. Grantee shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law
and (b)provide proof thereof when requested to do so by Weld County.
5. Grantee shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
6. Colorado law, and rules and regulations established pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void.
7. The signatories to this Agreement aver that to their knowledge, no employee of
Grantor has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. Grantee has no interest and shall not acquire any interest direct or
indirect, which would in any manner or degree with the performance of Grantee's services and
Grantee shall not employ any person having such known interests. During the term of this Agreement,
Grantee shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of
its obligations under this Agreement. Failure by Grantee to ensure compliance with this provision may
result, in Weld County's sole discretion, in immediate termination of this Agreement.
8. It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
9. In the event of a dispute between Grantor and Grantee,concerning this Agreement, the
parties agree that Grantor shall not be liable to or responsible for the payment of attorney fees and/or
legal costs incurred by or on behalf of Grantee.
GRANTOR:
ATTEST: PVIMA I • itt •.. F3 1i'^� BOARD OF COUNTY COMMISSIONERS
��' - .fi �A OF WELD COUNTY, STATE OF
_ ` OLORADO
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Weld County Clerk to the Boar. tg6t ;t;
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By. 4 i. '. : At:" ( I �'/ BY: `� - �3
Deputy Clerk '. the Board Sean P. Conway, Chairman
DE 17
GRANTEE:
GEOKINETICS USA, Inc.
i 7 IA_
By: Bry Baumgartner,Permit Agent
Bryan Baumgartner
4`:. PROJECT MANAGER
i 10701 Corporate Dr. I Suite 377
.,h ��^ Stafford,TX 77477
.Ii,
PHONE 1 281 242 2244
FAX 1 281.242.2310
COUGAR
Cell I 811 7.437.340505 LAND SERVICES..C bryanbl3@gmail.com
www.cougarlandservices.net
&D/02- 3 c-;/c9
MEMORANDUM
Right of Entry Agreement for Geokinetics USA, Inc.
This Agreement and the form to be used for agreements like this in the future were discussed at a
Work Session on Monday December 10, 2012.
This right of entry Agreement shall permit Geokinetics USA, Inc. to conduct seismographic
testing on certain Weld County property. The company has paid Weld County $618.50 for the
right to enter onto County property.
RECEIPT DATE /.-/3 'LC)/_3 NO r , f,
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ORDER
EXHIBIT A
Property Description
7524A PT SE4SW4& SW4SE4 30 5 63 BEG E1676.31'& S30'OF SW COR SEC N62D44'E 372.84' 4.75 Acres
N77D17'E 569.43' S78D38'E 184.47' S54D05'E 301.65' S67D25'E 215.59' W1511.13'TO BEG
PT SW4 32-5-63 BEG NOOD04'E 30'&N89D55'W 248.03'FROM S4 COR NOOD04'E 25'N89D55' 0.14 Acres
W 240' SOOD04'W 25' S89D55'E 240'TO POB EXC UPRR RES
8991A PT E2SW4 6 5 64 LYING S OF S BANK OF PLATTE RIVER 16.30 Acres
12056-A PT N2SE4 1 5 65 BEG SE COR N2SE4 W1118'N06D19'W 702'NWLY TO S LN HWY 263 22.15 Acres
NELY 400'M/L TH SELY TOE LN N2SE4 S315'TO BEG (.56D)
1206I-A PT E2SE4 2 5 65 LYING S OF HWY 263 &N OF OGILVY DITCH(1D) 6.50 Acres
12402-A PT SW4SW4 12 5 65 BEG 30'S OF NW COR SW4SW4 SO1D30'E 108' S76D30'E 790' 1.50 Acres
N64D20'W 500'N60D18'W 100'N79DW 130'S87D40'W 90'TO BEG
PT NE4 16-5-65 BEG E4 COR SEC 16 589D5121 W 30'TO POB TH S89D5121 W 318.88' 0.30 Acres
N70D2758E 16.06'N65D5417E 97.71'N89D5121E 199.50'NOD0313W 68.10'N72D2437E
15.73 S0D0313E 117.82'TO POB
PT NE4 16-5-65 BEG E4 COR SEC 16 S89D5131 W 1067.5'NOD0839W 30'TO POB TH N0D0839W 0.21 Acres
15'N89D5121E 664.41'S81 D4009W 84.19' S86D4135W 54.57'S89.5121 W 526.58'TO POB
PT N2 25 5 65 LOT B REC EXEMPT RE-4519 10.00 Acres
Total Net Acreage 61.85
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