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
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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:
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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.
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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$100.00 fee for the Nonexclusive License Agreement.
It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and
conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns.
1111111 11111 1111111 1111 11111111111 11111 III 11111 IIII IIII
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY,COLORADO
ATTEST: " �/: t
Clerk to the Board
By: T ;� By:c•
n
Deputy rk , Sk:.e t .� Barbara Kirkm er , Chair
4-fr (1174r DEC 14 2011
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SECOND PARTY: 4 , .
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NAME � NAME
Covenant ne
By: • By:
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SUBSCRIBED AND SWORN to before me this 8 n day of DCcSM br✓ , 20 {t ,
By W iu MM >r DAv t
WITNESS my hand and official seal( teem_.
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Notary Public ° •
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My commission expires: O$ ,o 4.-13 LEON W
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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
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