HomeMy WebLinkAbout20112885.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 106 AND AUTHORIZE CHAIR TO SIGN -
CARRIZO OIL AND GAS, INC.
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 106 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 Carrizo Oil and Gas, Inc., 1000 Louisiana Street,
Suite 1500, Houston, Texas 77002, 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 106 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 Carrizo Oil and Gas, Inc., 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 31st day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
t { l?.4i� - 'i/-t't,itz -
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board IE L C C_
P. Cpryway, Pro-Tem
Deputy rk to the Board
® �F y 9n/ i F. Garcia Ift
APPROVED AS TO FORM: & < f G/David E. Lon
,11
Corny Attorney c. rl , 0,-, �vvia ALA-)Douglas Rademac er
Date of signature: // k-//
2011-2885
CC, Yu), A EG0064
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•
MEMORANDUM
milkTO: Clerk to the Board DATE: I O-Z4-201 I
COLORADO FROM: DoruAL Public Works
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Nonexclusive License Agreement for the Upgrade and Maintenance of
Weld County Right-of-Way with CaRgiz0 of L-/Gas Inc, Gzs L&
TIIf lisTERSEcT,opJ c5F CR11`n /10(O, ±L-&.kLE v.4EsT,
The appropriate documentation is attached.
Enclosures
pc: Planning staff
2011-2885
3j
6/� NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 21 day of September, 2011,by and
between WELD COUNTY, COLORADO,by and through the Board of County
Commisioners of Weld County, Colorado,whose address is i\ '0' ; Greelt1 Cr
as First Party, and Carrizo Oil & Gas Inc., as Second Party whose address is 1000 Louisiana Street, Suite 1500, kLl3l
Houston, Texas 77002.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at NE NE Section 15, T9N—
R59W(Castor 15-41-9-59)of the 61h P.M. in Weld County,Colorado,and
106 I�—
WHEREAS, First Party is the owner of the right-of-way known as WCR- t9for distance of
Approximately 1 mile (beginning at the intersection of Sec. II and Sec. 14 and continuing westerly) ROW is
granted by petition 6I8-a found in book 83,page 235.
,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 limited to,the
following:
a. ROW shall be constructed and maintained as a graded and drained all-weather road.
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.
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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 1.,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 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 of 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
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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 incidental beneficiary only.
1 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$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.
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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: ,ea_— r
Clerk to the Board iflllyyy
By: atLec_
Deputy ► erk �j ( ,, Cha
CU v OCT 3 1 2011
SECOND PARTY:
NAME: Lacy Wilkinson(Agent for Carrizo)
BY aft.c
SUBSCRIBED AND SWORN to before me thisps151day of &mi±.. ,2011,
By S �1
WITNESS my hand and official seal\ 1) $,
Notary Public
My commission expires: I 'D
HID 11111 11111111111111111 VIII VIII 11111111
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M:\AGREEMENTS\Non-exclusive\2010\CarrizoOil&Gas Inc..docx
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DRIVING DIRECTIONS:
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to MP 0.0 - Intersection of WCR 103 & WCR 105 in Keota;
North on WCR 105
MP 2.9 - Right (East) on WCR 104
MP 9.8 - Left (North) on WCR 119
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MP 10.8 - Left on Access to Pad
MP 11 .9 - Castor 15-41-9-59 Pad
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North 'I�`� Igs�`"`,. CASTOR 15- 41 -9 -59 PAD
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o Graphic Scala In Feet LAND SURVEYING AND MAPPING NE1 /4 NE1 /4 SECTION 15 T9N R59W
CS 1 inch = 2000 feet LAFAYETTE - WINTER PARK 6th PM WELD COUNTY COLORADO
Li Ph 303 666 0379 Fx 303 665 6320
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CO
4)5) Weld County Public Works Dept.
1111H Street ACCESS PERMIT
.O mt, t c0 P.O. Box 758
Greeley, CO 80632 APPLICATION FORM
*4° Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name Lisa Smith Name Trimbo Ranch &Cattle CO LLC
Company Carrizo Oil &Gas Inc. Address P.O. Box 367
Address 1000 Lousiana Street#1500 City Springfield State NE Zip 68059
City Houston State TX Zip 77002 Phone 402-253-2218
Business Phone 303-857-9999 Fax 402-253-8142
Fax 303-450-9200 E-mail
E-mail LSPermitco@aol.com ♦= Existing Access A= Proposed Access
Parcel Location &Sketch Sec. 11
The access is on WCR 119
!O0
Nearest Intersection:WCR 104 &WCR 119
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Distance from Intersection approx. 2 miles •" Sec. 14
Parcel Number 046911000002 11
Sec. 15
Section/Township/Range 15,T9N-R59W t 3
Is there an existing access to the property? YES rid N
Number of Existing Accesses
Road Surface Type&Construction Information
Asphalt Gravel X Treated Other WCR 104
Culvert Size &Type To Be Determined Sec. 23
Materials used to construct Access gravel,fence,gates
Construction Start Date 9/15/11 Finish Date 9/22/11
Proposed Use
❑Temporary(Tracking Pad Required)/$75 ❑ Single Residential/$75 ❑ Industrial/$150
x Small Commercial or Oil &Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150
❑ Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? X No ❑ USR ❑ RE ❑ PUD o Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right,& into the access)
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state la
regarding facilities construction.
Signature Printed Name Lisa Smith Date 8/12/2011
Approved by
Accela Automation: ShowPayDetai140 - T8108-D Page 1 o
4(4: :, Weld County Public Works Department
1*1 1111 H Street Mailing Address:
WLIDe Greeley,CO 80632 P.O. Box 758
Phone:(970)356-4000 x3750 Greeley,Colorado 80632
or(970)304-6496
COLORADO FAX:(970)304-6497
RECEIPT
Application/Permit Number: NP11-00102
Application/Permit Type: Miscellaneous/NA
Applicant Name: Permitco Inc.
Applicant Address: PO Box 99
Eastlake, CO 80614
Receipt Number: 63774
Payment Method: Check
Reference Number: 23061
Amount Paid: $250.00
Payment Date/Time: 10/19/11 11:10:17
Cashier: Marj Caudill
Comments: Carrizo Oil & Gas Inc; Castor 15-41-9-59H Blue & White signs @
$150. + Non-Ex Lic Agr @ $100 = $250.00
TG 1,
230E
PERMITCO INC. BELLCO CREDIT UNION
P.O.BOX 99 ENGLEWOOD,CO 80155-6611
23-7501/3020
EASTLAKE, 80614 9/16/2011
(303)857-9999
PAY TO THE $ ""250.00
ORDER OF Weld County Public.Works
Two Hundred Fifty and 00/100....**********"*************_***—*******************************"********""""********"*"" DOLL)
Weld County
c/o Office of Public Works
PO Box 758
Greeley, CO 80632
MEMO
AUTHO NA RE
https://accelacfmx.co.weld.co.us/operations/permit/index.cfm?FUS EACTION=ShowPayDetai140&REC... 10/19/2
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