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HomeMy WebLinkAbout20113181.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 134 AND AUTHORIZE CHAIR TO SIGN - COVENANT ENERGY, 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 134 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 Covenant Energy, Inc., P.O. Box 4256, Wichita Falls, Texas 76308, 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 134 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 Covenant Energy, 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 14th day of December, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST:55.�.."�� /Barbara Kirkmeyer, Chair Weld County Clerk to the Board �.. IF. " a EXCUSED can P. Conwa Pro-Tem BY: Deputy Cle^ to the Boar 7 i".•.� (" a`�'`ti'= �'' o-•-� • m F. Garcia au� �r. ` o APP ROV D AS FORM: %®u , % � � David E. Long ounty Attorney �� - d(QYhr Douglas rademac r Date of signature: /- / /a C� Q 2011-3181 EG0064 MEMORANDUM CTO: Clerk to the Board DATE: December 9,2011 COLORADO FROM: Donald Carroll, Engineering Administrator n,l/ Public Works Department �W SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of Way with Covenant Energy, Inc. to utilize Weld County Roads 134 and 55 section line access to their drilling pad sites. The appropriate documentation is attached. Enclosures pc: Planning staff M_\Francie\Agenda Blank non-exclusive he agrdoc 2011-3181 O NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this day of , 20_, 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 Party, and Covenant Energy,Inc. as Second Party whose address is_P.O.Box 4256 Wichita Falls, TX. 76308 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Section 28,Township 12 North,Range 64 West and Section 22,Township 12 North,Range 64 West of the 6th P.M.in Weld County, Colorado, and WHEREAS,First Party is the owner of the of right-of-way known as Weld County Road 134 section line access fora distance of one mile of 30-foot of right-of-way on the south side of Section 34,Township 12 North, Range 64 West and Weld County Road 55 section line access for a distance of one mile, 30-foot of right-of-way on the west side of Section 34,Township 12 North,Range 64 West;thence crossing over to 30- foot of right-of-way on the east side of Section 28,Township 12 North,Range 64 West,for a distance of one mile,thence crossing over to 30-foot of right-of-way to the east side of Section 22,Township 12 North,Range 64 West for the distance of the one mile, all in the 6t P.M. of Weld County, Colorado, which is hereinafter referred to as "ROW," and 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. 1 1111111 11111 11111111III 111111111111I11I III 11111 IIII 1111 3812954 12/19/2011 12:34P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CV/— 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: 111111111111 VIII 11111 Ell 11111 HMI III IIII 3812954 12/19/2011 12:34P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2 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 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. I111111111111111111llllllllllllllllllllllllllll1111 II 3812954 12/19/2011 12:34P Weld Con , 3 0l 5 R 0.00 D 0.00 Steve Moreno Clerk C&Recorder 3 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$100.00 fee for the Nonexclusive License Agreement. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 1111111 11111 1111111 1111 11111111111 11111 III 11111 IIII IIII 3812954 12/19/2011 12:34P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO ATTEST: " �/: t Clerk to the Board By: T ;� By:c• n Deputy rk , Sk:.e t .� Barbara Kirkm er , Chair 4-fr (1174r DEC 14 2011 Iasi SECOND PARTY: 4 , . Tr � NAME � NAME Covenant ne By: • By: 1.7•,G ,mac, ren— SUBSCRIBED AND SWORN to before me this 8 n day of DCcSM br✓ , 20 {t , By W iu MM >r DAv t WITNESS my hand and official seal( teem_. n Notary Public ° • `::............. My commission expires: O$ ,o 4.-13 LEON W SILL'EkS .` y�:'..... ...•m= `' PS f\', •i`;•, M:AAGREEMENTS\Non-exclusiveAAgceement CR 134 Section Line Access.docx 1 MID 11111 HID IIII HMI 11111 ��� 11111 ���� ���� 3812954 12/19/2011 12:34P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 5 �?9/! - 3/f/ -,a-- --Sr-; i 1. , ,,,; w .. a. e „ill 91 vet, _ _ litr- . - . ... . • . • ‘‘, Sk fir Ca MN C . ....,:t7 ... • . 'Mk( 1 •. _• .\ i\ .Q)1 • III • r I `�/ /' ' et t - , V - . . ,is. 2 . ' s i , N re) , • •�' a �,� *CH 1 WS i 4 4_ i AS •_ 4 M IF ' IA • fV • - 11 i 4 1 _ — _. _ -" �j - , r... •".g. .s/ ' r 4, ► v i ••• - . 4:11 , ,. 0 W4 issa • '11. , • ill • • .li; , 4 -iiitirot:1/4.p.tr; cn L.tii (----- -sAk 1 .. .. . ' - - �,�� 1 -9.9 P S „! \, 1-1. :I Q.) i CO Is ^..• 45- • . 1 r 'I- 0- co QS .. 1 _ r 1 � ' • a ( S,.• r a� `` 1 ,it C i. e , • . . , {` O 0 �a r e. e FFF it ' '�1 R • , #I It R 64W 16 15 COX RANCHES LLC1 4 - O. . _ 90X . 17 RANCHES LTD LIABILITY C LK BLUFFS FQUNbATION FOR MARK T IV HALK BLUFFS FOUNDATION FOR COX RANCHES LTD LIABILITY CO CHALK BLUFFS FOUNDATION 23 24 19 ' 21 COX RANCHES LTD LIABILITY CO `� ��CHALK BLUFFS FOUNDATION FOR LACK BEVERLY ANN ; UE<hAI HE6 1 LI,C 13 8 ' r r - - --- ---- - CHALK BLUFFS FOUNDATI6 FOR BLACK GORDON M COX RANCHES LTD LIABILITY CO COX MARK T IV = BLACK B: RLY ANN 6 BLACK GORDON M25COX RANCHES LLC 30 28 27 BLACK GORDON M 2 29i BLACK GORDON M k COX MARK T IV RTES DAVID G ' 13!s Z -4 LACK BEVERLY ANN COLORADO STATE OF F ' : SOX RANCHES LTD LIABILI 36 31 74 r �. 34 35 32 ; ._,;: 33 COX RANCHES LTD LIABILITY CO CitfA •y' NCHES LTD LIABILITY CO LICAN JULIA K TRUSTEE p k 134 ' _ - COX RANCHES LTD LIABILITY CO COX RANCHES LTD LIABILITY CO MULLIGAN JULIA K TRUSTEE 1%.. 1 6 ; ' 3 � 5 4 MULLIGAN JULIA K TRUSTEE Z COX RANCHES LTD LIABILITY CO COX RANCHES LTD LIABILITY CO -----e.nrogrot rr . . '-f- ; TIMM LOUANNE (35%) TIMM LOUANNE BEVJAC LAND CATTLE LLC WIGGIN LEONARD C 12 . 7 9 10 11 DAVIS WILLIAM F TIMM LOUAttivE BEVJAC LAND CATTLE LLC BEVJAC LAND CATTLE LL • MOON ROBERTA J .• • VJAC LAND CATTLE LLC TIMM LOUANNE (35%) USA COLORADO STATE OF WIGGIN LEONARD C WIGGIN LEONARD C a MEADER RANCH INC TIMM SCOTT a -? An C -I A � 3 18 4V 1-1> Weld County Public Works Dept. No,.IEXCLU31VE,LICENCE s 1111HStreet ACCESS PERMIT no 0 P.O_Box758 GB ,? � Greeley,CO aob32 APPLICATION FORM (lc W� Phone: (g70904-n49E Fax:(970)30c-5497 Applicant Property Owner'If different than Appl'c=_-.ti Name William (81111—Davis _. Name Julie Mullican Cornoany Covenant Energy, Inc. Adcress 2324 Goff Ave Address PO Box 4256 Cary Saint Joseph State MO It 64505 City Wichita Fallsstate TEA.) 76308 Phone 1-816-279-0112 Business Phane940-782-4611 Fax Fax 1-866-213-1628 E-mailmullican@stjoelive.com Email bill@covenantenergyinc.corn A Existing Access 6,7 Proposed Access Parcel Location&Sketch The access is on WCP 57 ; l �-I Nearest Inte-section W'CR 57 &W'R 130 vacs Distance from Intersection 2_miles Parcel Number N . r . Section/Township/Range_34, T12N, R64W NO .I. a In to Is there an existing access to the property? YES N ' I 34 3 I / I Number of Existing Accesses None Road Surface Type&Construction Information Asphalt__ Gravel X Treated _ Other _ -__ :Nxc 134 Q 6 ECTxon/L/.VE Culvert Size&Type 20" or 24" based on need 1 Ac GE% AI CO"NT I %natorcals used to construct Access Class 5 or 6 gravel IA AIM,r Construction start Date 2012 _ Finisn Dale 2012 Proposed Use u Temporary(Tracking Pad Required)/S75 a Single Residential/$75 a Industrial/51 HO Small Commercial or Oil&Gas/$75 a Large Commercial/St50 n Subdivision/$150 I.Fled(Agriculture Only)/Exempt Is this access associated with a Planning Process? XNo a USR z.RE a PUD a Other Required Attached Documents -Traffic Contrd Plan -Certificate of Insurance -Access Pictures(?rem the Left.Right,&He the access) As accepting the permit the urcersigned Applicant.under penalty of segue/.verLer that they Cave rece.v d a k sages ii P.. peach applicaoo. they have read and unerstard at ot the perm)requirements a d p voions s^t`oath on al pagee that they lrvn trr authority to sign for and bindthe Applicant,lttin A;;p:icant is a corporation or other entry:and that be virtue ot ,Resigna?Ve tie Applicant is bound by and agrees t comply wits all said perm rt requirements and previsions,al Weld County ordin8gaes,a ,tale iav x regarding faaac hits co . uc in Scmtur./� —'— Printed Name William Davis Date 12 7-11 Approval or Denial will be issued in minimum of 5 days. Apanved by COVENANT ENERGY, INC. P O Box 4256 Wichita Falls,TX 76308 December 07,2011 J Mark T. Cox IV 9 Glenbrooke Circle East Henrico, VA 23229 Dear Mr. Cox This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located on the NW corner of Section 22 of T12N, R64W off of WCR 55 between Sections 22&21,Sections 27&28 and Sections 33 7 34 of T12N,R64W through WCR 55,three miles of section line access. The reason for this notification is that it will add oil/gas traffic sharing the current section line access road,and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, COVENANT ENERGY, INC. By:1�"^ ` 1 William F. Davis,Vice President Acknowledgement: Print Name Date Print Name Date Signature Date Signature Date COVENANT ENERGY, INC. P O Box 4256 Wichita Falls,TX 76308 December 07,2011 Cox Ranches LLC Elizabeth J. Cox Cheyenne,WY 82003 Dear Mrs. Cox This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located on the NW Y of Section 22 through access from WCR 55 between Sections 22 &21, Sections 27&28 and Sections 33&34 of T12N, R64W through WCR 55,three miles of section line access. The reason for this notification is that it will add oil/gas traffic sharing the current section line access road, and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, COVENANT ENERGY, INC. By: William F.F. Davis,Vice President Acknowledgement: Print Name Date Print Name Date Signature Date Signature Date COVENANT ENERGY, INC. P O Box 4256 Wichita Falls, TX 76308 December 07, 2011 ✓ Chalk Bluffs Foundation Mark T. Cox IV 9 Glenbrooke Circle East Henrico, VA 23229 Dear Mr. Cox This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located on the NW corner of Section 22 of T12N, R64W off of WCR 55 between Sections 22 &21, Sections 27&28 and Sections 33 7 34 of T12N, R64W through WCR 55,three miles of section line access. The reason for this notification is that it will add oil/gas traffic sharing the current section i line access road, and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing . and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, COVENANT ENERGY, INC. William F. Davis, Vice President Acknowledgement: Print Name Date Print Name Date Signature Date Signature Date COVENANT ENERGY, INC. P O Box 4256 Wichita Falls,TX 76308 December 07,2011 ✓ Gordon and Beverly Black 28085 CR 134 Grover, CO 80729 Dear Mr. Black and Mrs. Black, This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located on the NW 1/4 of Section 22,T12N, R64W off of WCR 55 between Sections 22&21,Sections 27 &28 and Sections 33&34 of T12N, R64W through WCR 55,three miles of section line access. The reason for this notification is that it will add oil and gas traffic sharing the current section line access road and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing and returning this letter. I have included a self-addressed,stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, COVENANT ENERGY, INC. By' William F. Davis, Vice President Acknowledgement: Print Name Date Print Name Date Signature Date Signature Date COVENANT ENERGY, INC. P O Box 4256 Wichita Falls,TX 76308 December 07,2011 David Ries Il 12285 W Ginger Creek Dr. Boise, ID 83713 Dear Mr. Ries This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located on the NW corner of Section 22,T12N, R64W off of WCR 55.The one mile of access will be between Sections 27&28 of T12N, R64W through WCR 55. The reason for this notification is that it will add oil/gas traffic sharing the current section line access road, and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, COVENANT ENERGY, INC. By:A/11j William F. Davis, Vice President Acknowledgement: Print Name Date Print Name Date Signature Date Signature Date COVENANT ENERGY, INC. P O Box 4256 Wichita Falls, TX 76308 December 07,2011 Julie Mullican 2324 Goff Avenue Saint Joseph, MO 64505 Dear Mrs. Mullican This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located on the NW corner of Section 22,of T12N, R64W and access requested is for one mile between Sections 34 of T12N, R64W and Section 3 of T11 N, R64W which would be WCR 134. The reason for this notification is that it will add oil/gas traffic sharing the current section line access road, and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, COVENANT ENERGY, INC. By:dill— William ,�-- William F. Davis, Vice President Acknowledgement: Print Name Date Print Name Date Signature Date Signature Date Accela Automation: ShowPayDetai140 - T8108-D Page 1 of at(fritw, Weld Street Mailing County Public Works Department Greeley,CO 80632 P.O.Box 758 winePhone: (970)356-4000 x3750 Greeley,Colorado 80632 O or(970)304-6496 COLORADO FAX:(970)304-6497 RECEIPT Application/Permit Number: NP11-00120 Application/Permit Type: Miscellaneous/NA Applicant Name: Covenant Energy Applicant Address: PO Box 4256 Wichita Falls, TX 76308-0256 Receipt Number: 64623 Payment Method: Check Reference Number: 1505 Amount Paid: $250.00 Payment Date/Time: 12/08/11 04:12:04 Cashier: Marj Caudill Non-Exclusive Lic Agr @ $100, Blue & White signs @ $150= Comments- $250.00 T810€ Version ,sx a . :ate 1505 COVENANT ENERGY INC )2—'1 —{ f p BOX 56 W0ICHITA 42 FALLSTX 76308-0256 $2w' 4PAY TO a E Ai ORDER OF oU DOLLARS 1 " /vu 'WO h ten 4 FIRST NATIONAL BANK o£ Wichita Falls v` t" V U zLl .� e Cc-) FORrea. https://accelacfmx.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDetai140&RECEL.. 12/8/20 Hello