HomeMy WebLinkAbout20112763.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 25 AND 106 AND AUTHORIZE CHAIR TO SIGN
- CHESAPEAKE OPERATING, 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 Roads 25 and 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 Chesapeake Operating, Inc., P.O.
Box 18496, Oklahoma City, Oklahoma 73154, 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 Roads 25 and 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 Chesapeake Operating, 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 19th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �, uc. 4/Ahair Li Lara Kirkmeye
Weld County Clerk to the Boar. /
an P. Co P -Tem
BY: �zi•
Deputy C k to the Boar���
sA f� m F. Garcia
APPROVED AS TO FORM: % / c C°
David E. Lon
-County Attorney
ougl Rademach r
Date of signature: 10 "arl- I I
y �5 c 2011 EG006463
pl
CCU
4 MEMORANDUM
CTO: Clerk to the Board DATE: I o— I Ll 2-611
.
COLORADO FROM.�I uralct 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 CNE5a.PEAKE oPCR&rtN4 1_ JC,
COUNry RoMot L1.SAr,O )O6 SWcriok) L)UE ACCESS.
The appropriate documentation is attached.
Enclosures
pc: Planning staff
2011-2763
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this day of
20 by and between WELD COUNTY,COLORADO,by and through the Board
rrd 11v-)c "6`S+re..r+;
of County Commissioners of Weld County,Colorado,whose address is 9-1-5-Tenth Stmt,Greclo , Gr«ii1
Colorado 80631,as First Party, and C EsAVEAl(--6 0 C'RATING l N .
,as Second Party whose •
address is PO 60)r 1$I p OKl-Atiolv4A GI T`( of 13I.5q
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
$oU TN EN D of Section 12-,Township I North,Range i/1 West of the 6th
P.M. in Weld County,Colorado,and
WHEREAS,First Party is the owner of the right-of-way known as WCR l Offor a distance of
Z S O t NO STN TI) WCR ZS and located as follows: W 0 N WC t ID I,
fo r e n.crn►►C 1l ZSba.3 _ between Sections
and Z Township`I North,Range(61 West,in Weld County,Colorado,which is hereinafter referred to as
"ROW,"and
WHEREAS,ROW is currently not beingmaintained by First Party,and
WHEREAS,Second Party wishes to upgrade and thereafter maintainROW 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 Parts 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 roamer 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 aliweather 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 clean ingthe
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 requiredto gain access,as partof the maintenance responsibilitiesreferred 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 los 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 Parry
hereby releasesFirst 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 agreenents between the
parties hereto and there are no promises,terms, conditions,or obligations referring to the subject
matter whereof other than as contained herein.
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3801310 10/25/2011 02:54P Weld County, CO
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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,theemainder of this
Nonexclusive License Agreement,or the application of such terms or provisions, to a person or
circumstances other than those as to which itis 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 he a $150 fee for the fabrication and installation of blue and white cross roads signs
identifying the sectionline 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.
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3801310 10/25/2011 02:54P Weld County, CO
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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:
Clerk to the Board !'
By: B ii.s., , :
Deputy !-rk f Chair
:. �4 *1
.. L
tib61 � �:
P ,gv! OCT l 0 2011
SECOND PARTY: `°11.1V6
NAME NAME
C C-CAPEAI -E OPEI'-ATINC-,,I NC
By: .je i it Cudl.d,U By:
net * rcvywtt ht 1 jc1-
SUBSCRIBED AND SWORN to before me this 1 1day of C) V0c y ,20
By sleDrik 50(34A0AAN
WITNESS my hand and official seal jey,XXVit
Notary Public
My commission expires: Q a 1 l S ""`"""ww
X4115 1
.;AGREEME?TS Non-exclusivdAGRL•EMENT FORM.doc(Revised Sn007)
4
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3801310 10/25/2011 02:54P Weld County, CO
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Accela Automation: ShowPayDetai140 - T8108-D Page 1 of
�IJt Weld County Public Works Department
\ 1111 H Street Mailing Address:
Greeley,CO 8 P.O.Box 758
Phone:(970)356-456-4 000 x3750 Greeley,Colorado 80632
or(970)304-6496
COLORADO FAX:(970)304-6497
RECEIPT
Application/Permit Number: NP11-00089
Application/Permit Type: Miscellaneous/NA
Applicant Name: Chesapeake Operating Inc.
Applicant Address: PO Box 18496
Oklahoma City, OK 73154-0496
Receipt Number: 63384
Payment Method: Check
Reference Number: 1584982
Amount Paid: $250.00
Payment Date/Time: 09/16/11 12:09:41
Cashier Marj Caudill
Comments: Loveland 12-9-67 1H Site Blue & White Signs @ 100.00 + Non-
Exclusive Lic Agr@ 150.00
T8108
Version
CHESAPEAKE OPERATING,INC. Comerica Bank
P.O.Box 18496,Oklahoma City,OK 73154-0496 74-478/724 1584982
(877)245-1427 AUGUST 8, 2011
Vendor No. 426221
■ TWO HUNDRED FIFTY 00 /100 DOLLARS "************
$250.00
PAY TO THE WELD COUNTY PUBLIC WORKS DEPT
ORDER OF VOID AFTER 90 DAYS
PO BOX 758 NO THIRD PARTY ENDORSEMENTS
GREELEY CO 80632
6M4ailly
WELD COUNTY ACCESS PERMIT
•
Weld County Public Works Dept. a Phone: (970) 304-6496
1111 H Street After Hours: (970) 356-4000
P.O. Box 758 !'r Emergency Services: (970) 304-6500 x 2700
Greeley, CO 80632 4� • Inspection: (970) 304-6480
Permit Number: AP11-00272
Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado.
Project Name: Loveland 12-9-67 1H Expiration date: 01/13/2012
Applicant Information: Property Owner Information:
Name: Jenni Sudduth Name: ----
Company: Chesapeake Operating Inc Company: Loveland Self Storage, LLC
Phone: 405-935-2165 Phone:
Email: jenni.sudduth@chk.com Email:
Location: Proposed Use:
Access is on WCR: 104 Temporary:
Nearest Intersection WCR: 25 &WCR: 104 Single Residential:
Distance From Intersection: 0 Industrial:
Number of Existing Accesses: 1 Small Commercial:
Oil&Gas. El
Planning Process:
Large Commercial:
Road Surface Type&Construction Information: Subdivision:
Road Surface: Other Field (Agricultural
Culvert Size&Type: Only)/Exempt:
Start Date: 07/15/2011 Finish Date: 07/15/2012
Materials to Construct Access: crushed rock
Required Attached Documents Submitted:
Traffic Control Plan: Yes Certificate of Insurance: Access Pictures: Yes
A copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to Y HOUR BEFORE DARK(applies to weekends if approved)
Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work
Special Requirements or Comments
Approved by: Weld County Public Works Date: 7/28/2011
Print Date-Time: 7/28/2011 9:33:45AM Report ID: PW00008v001 Page 1 of 1
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ENERGY
Jenni Sudduth
Field&Perin+!Analyst
August 03. 2011
VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 0631
James Guest
95-310 Kaloapau Street. No. 112
Mililani. Hawaii 96789
Re: Proposed County Road 106 and 25
Section 12/13—Township 9N - Range 67W
Weld County. CO
Dear Mr. Guest:
This letter is to notify all property owners using the County section line access that we are
requesting an access for proposed oil and gas drilling operations located on Weld County Road
25 between WCR 104 and WCR 106, to include 0.38 miles of section line access and Weld
County Road 106 between 'A/CR 25 and WCR 23, to include 0.54 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 ail landowners be
notified.
Please acknowledge that you have been notified of the oil and gas operation use by
signing both copies of this letter. Please retain one copy for your records and return one
copy to us in the self-addressed, stamped envelope provided. Your signature on the
certified mail receipt will also acknowledge notification.
If you have any questions please contact Andrew Kopec, Field Representative for Chesapeake
Operating, Inc. at any time at (307) 333-3378.
Si rely yo
zcsi:exiat
J ni Sudduth
Acknowledged and Accepted on /0 day of August. 2011.
James Guest
/Janes Guest
Chesapeake Energy Corporation
)1n0 n0\ 11'c ieun Ave.OI;l;;homa City,OK 7.3 I IS
40:935 )16.5• 405.819.2105•JCnni.Sudduih a Chk.con7
f t.
If
T
Chesapeaket-
NERr; y
.ienni Sudduth
Fie!.•"&permit Analvct
August 03, 2011
VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 0648
Tracy Eichheim
2111 Black Canyon Road
Crawford, Colorado 81415
Re: Proposed County Road 106 and 25
Section 12/13—Township 9N - Range 671x~1
Weld County. CO
Dear Mr. Eichheim.
This letter is to notify all property owners using the County section line access that we are
requesting an access for proposed oil and gas drilling operations located on Weld County Road
25 between WCR 104 and WCR 106, to include 0.38 miles of section line access and Weld
County Road 106 between WCR 25 and WCR 23, to include 0.54 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 +/Ve;c County Public Works Department requires that all landowners be
notified.
Please acknowledge that you have been notified of the oil and gas operation use by
signing both copies of this letter. Please retain one copy for your records and return one
copy to us in the self-addressed, stamped envelope provided. Your signature on the
certified mail receipt will also acknowledge notification.
if you have any questions. pieCse contact Andrew Kopec. Field Representative for Chesapeake
Operating. Inc. at any time at (307) 333-3378.
Si rely yo s.
n! Sudduth
Acknowledged and Accepted on y of August. 2011.
Tracy Eichheim Trac ichheim
Chesapeake Energy Corporation
6100 N Western Ave.Oklahoma City.OK 73118
405.935 2165•fax 405.819.2I65•hnni,Sudduth@chk.com
Chesapeike
ENERGY
.ienni Sudduth
Feld Permit Aw/y.st
August 03 2011
VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 0655
Rouse Farms Company. LP
'5627 CR 108
Nunn. Colorado 80648
Re: Proposed County Road 106 and 25
Section 12/13 —Township 9N - Range 67W
Weld County. CO
Dear Gentlemen:
This letter is to notify all property owners using he County section line access that we are
requesting an access for proposed oil and gas drilling operations located on Weld County Road
25 between WCR 104 and WCR 106, to include 0.38 miles of section line access and Weld
County Road 106 between WCR 25 and WCR 23, to include 0.54 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 and gas operation use by
signing both copies of this letter. Please retain one copy for your records and return one
copy to us in the self-addressed, stamped envelope provided. Your signature on the
certified mail receipt will also acknowledge notification:.
if you have any questions, please contact Andrew Kopec, Field Representative for Chesapeake
Operating. Inc. at any time at (307) 333-3378.
Si rely yours,
J ni Sudduth
Acknowledged and Accepted on 1O day of August, 2.011.
Rouse Farms Company, LP
i •
l.�
C t ‘\- CLC..Q
i:hcs;1 pe0 k' lIe orgy Corporation
r+IC';>. 1' ,.e,:' ,\ r.OI i Ii nn.!C'it\.OK 7.I l,;
4(1 .9;5..::(i5 • ti'..105.S,1-9.216:.i( •.!eni;i.Suddutit r c!Ii:.atm
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