HomeMy WebLinkAbout20111250 RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 62 AND AUTHORIZE CHAIR TO SIGN -
BONANZA CREEK 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 62 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 Bonanza Creek Energy, Inc., 410 17th Street,
Suite 1500, Denver, Colorado 80202, 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 62 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 Bonanza Creek 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 18th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COL RADO
ATTEST: , !
Bar ara_Kirkmer it
Weld County Clerk to t ;__`
BY: Els Sean Pay C n ay, Pro-Tem
Deputy Clerk to the Bo
am F. Garda
APP AS RM: c `4�/
avid E. Lont__- , / I
o my Attorney Lv-5— p&c v CALA "
Dougla Rademac er
Date of signature: -/zig/i/
2011-1250
U ?Danz& EG0064
II
(0,1; MEMORANDUM
"lige TO: Clerk to the Board DATE: May 13, 2011
COLORADO FROM: Donald Carroll, Engineering Administrator
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 Bonanza Creek Energy, Inc. to access CR 62 section line, west of
WCR 89 for 2.1 miles.
Enclosed is one original signed signature sheet for the agreement.
Enclosures
M:AFrancieASgendaDonCarroll.doc
2011-1250
99
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this i 3 day of
gin oll , 2013, by and between WELD COUNTY, COLORADO, by and through the Board
of County Commissioners of Weld County, Colorado,whose address is 915 Tenth Street, Greeley,
Colorado 80632, as First Party, and 8onc 4St- Creek €ncrpy, Sn c.
. as Second Party whose
address is //o Seventeenth Sf., Sv;tt /500 , Qtn{/er, co 802-07
WITNESSETI-1:
WHEREAS, Second Party desires to more effectively access property located at the
NW y NW Li of Section 2 , Township 5 North, Range 6'R West of the 6'I'
P.M. in Weld County, Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR 6Z for a distance of
a,.1 M;Its west from WCR 89 and located as follows: P/c4Se Ste
erkins Af- O, aWQc.4ed between Sections
and ,Township North, Range West, in 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.
2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably
prescribed by First Party, which mariner 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.
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 I., 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.
2
111111 HD 111111 1111 111111 1111 1111111 I I 11111 11111111
3769956 05/23/2011 11:55A 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, 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.
111111 11111 I11111 I I I 111111 1111 1111111 III 11111 1111 1111
3769956 05/23/2011 11:55A 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: "fie-41"^
Clerk to the Board ��
•,, <GlJ
By: ' .r/ .A ` , 'J B •
Deputy irk 1161 �+ (♦' ara Kirkme er , air
� � �
MAY 10 2011
SECOND PARTY:
NAME NAME
tatt �J a• By:
BO/1O/12r4, Cent E.Mergy, 1*c.
SUBSCRIBED A' DDJSWORN to before me this 13 day of / , 2010,
By sWAfil � �✓"
WITNESS my hand and official seal
Notary Public
My commission expires:
Nf SARAH M JOHNSON
1VOU � 5,2o I Notary Public
State of Colorado
My Commission Expires November 05,2014
M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doe
4
111111 11111 111111 1111 111111 IIII 1111111 III 11111 IIII IIII
3769956 05/23/2011 11:55A Weld County, CO
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52(//-42.5-Z;.SG
Exhibit A
Description of Weld County Right-of-Way
For Bonanza Creek Energy, Inc. Nonexclusive License Agreement
To Reach State Land Mineral Lease in Section 2-T5N-R62W, 6th PM
Weld County,Colorado
The proposed road will begin at an access point located at the intersection of Weld County Road 89 and
Weld County Road 62 and continue approximately 2.1 miles west along Weld County Road 62 Right-of-
Way. The WCR 62 Right-of-Way extends 30 feet north and 30 feet south of the Section Line between
Section 32,Township 6N, Range 61W and Section 5,Township 5N, Range 61 West; and continues along
the section line between Section 31,Township 6N, Range 61W and Section 6,Township 5N, Range 61
Wtlt sest. At+h thc point where the road enters Section 1,Township 5N, Range 62W,the road will extend
ya � « p� E
5 '1 SP oralong Weld County Road 62 Right-of-Way; on the Section Line between Section 36,
°thy Township 6N, Range 62 West and Section 1,Township SN, Range 62 West. At this point the road will
exit the Weld County Right-of-Way and extend west across Colorado State Land.
1111111 11111 1111 111111 1111 1111111II 11111111111111
3769956 05/23/2011 11:55A Weld County, CO
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RIDNOUR BRIAN W BOLIN RODNEY ERNEST (1 /2 INT)
DERENNE JULIA DIANE (9/2 INT) PURCELL CONSERVATION GROUP LLC
RIDNOUR TIMRIDNOUR TIMIDTHY LPURCELL CONSERVATION GROUP LLC CASS JERRY W
RIDNOUR BRIAN W SELTZER TIMOTHY R BOLIN RODNEY WILLIS 14 BROWN WILLIAM S JR 13 18 17 COLORADO STATE OF
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I5DEGENHART JACK J SELTZER T MOTHY R BOLIN RODNEY WILLISPURCELL CONSERVATION GROUP LLC
HALE CARL RHALE CARL RHALE CHAD T . PURCELL CONSERVATION GROUP LLC
MIRK LAND CO LLP GIBBONS JAMES H (2/6 INT)JENCKS FARMS INC
CHITVVOOD JACQUELINE DMIRANDA KATHRYN LYNN (1/3 INT) ;
HALE CHAD I : . . . . p . . ;
aaa SIEFKEN JAMES SIEFKEN JAMS$
SCHAEFER JASON L PURCELL CONSERVATION GROUP LLC ;SIEFKEN JAMES
PROTTEUS DONALD SIEFKEN JAMES SIEFKEN JAMES KRIER MICH?
PURCELL CONSERVATION GROUP LLC BOLIN RODNEY WILLISSIE�KEN JAMES GIBBONS JAMES H (2/6 INT)
TURLEY.fAMILY TRUST SIEFKEN JAMES
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ROSENBERG WALTER ALAN GRUEN FRANCES LCAR .SON MARK A
FOULKS ORLAND : ROSENBERG WALTER ALANROSENBERG WALTER ALAN
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Typical Traffic Control Plan Diagram
ROAD
WORK ,
AHEAD
500 FT
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e
500 FT
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WORK
AHEAD %
Notes:
1 . The above diagram is typical for normal shoulder work applications. Additional signing may be
required.
2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the
shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic,
channelizing devices are required for day use only. No night time obstructions are allowed.
V� CO + Weld County Public Works Dept.
1 n- 1111 H Street ACCESS PERMIT
,,„ Z, fr ®) P.O. Box 758
0 % * Greeley,CO 80632 APPLICATION FORM
6,4/C sflj Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner (If different than Applicant)
Name Keith Caplan Name L&S Capital, Ltd. (Frank Linnebur)
Bonanza Creek Energy, Inc . 800 US Hwy 36
Company Address
Address 410 17th St . , Ste 1500 City Byers State CO Zip 80103
City Denver State CO Zip 80202 Phone (303) 748-7028
Business Phone (720) 440-6112 Fax
Fax (720) 279-2331 E-mail
E-mail KCaplan@Bonanzacrk. com
A= Existing Access a=Proposed Access
Parcel Location&Sketch
The access is on WCR 62
Nearest Intersection:WCR 62 &WCR 89 wcR 6 2.. • - •A•'
Distance from Intersection access is at intersection
I
Parcel Number 096905200012 Sc 079532300017
tr-
Sec. 5-T5N-R61W W
Section/Township/Range T c U
Is there an existing access to the property? QD NO N 3 3
Number of Existing Accesses 1
Road Surface Type &Construction Information
Asphalt_ Gravel x Treated Other C r' r
18" X 40' CMP r
Culvert Size&Type r— l
Materials used to construct Access native soil & gravel '011 !
5/30/11 6/4/11 li�I MAY 3 '
Construction Start Date Finish Date
Proposed Use WELD COUN FY PUBLIC WORKS BFPT
o Temporary(Tracking Pad Required)/$75 o Single Residential/$75 _ ..
4 Small Commercial or Oil &Gas/$75 o Large Commercial/$150 o Subdivision/$150
o Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? No o USR o RE o 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 laws
regarding facilities liq `^94 construction.
Signature , .1 Printed Name /614 S• C4/0/04 Date S/13/2-O//
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
fiy i Lat40° , Inc. 1635 Foxtrail Drive, Suite 325 Loveland , CO 970-776-3321
actw.&tireIF, I.,7,' SECTION: 5 & 6
;; ' ACCESS PICTURES TOWNSHIP: 5N
RANGE: 61W
DATE: 5/ 10/1 1
VIEW NORTH ( CR 89 )
VIEW WEST (cs 621
q
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VIEW SOUTH ( CR 89 )
PROJECT#: 2011119
11 May 2011
Bonanza Creek Energy, Inc
410 17th Street, Ste 150(
Denver, CO 80202
Stephen Lane Pearson Certified Mail Rcpt#
1722 Sherman Ave. 7005 1160 0003 4751 3128
Canon City, CO 81212
(719) 275-1235
Dear Mr. Pearson:
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 WCR 62 between
WCR 89 through WCR 85, 2 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,
4A
Keith S. Caplan.
BONANZA CREEK ENERGY, INC.
ACKNOWLEDGEMENT:
Print name Date Print name Date
•
Signature Signature
pc: Weld County Public Works
(WCR 1 Non-Exclusive License Agreement
M,IPLANNING—DEVELOPMENT REVIEW\Correspondence\SlawsonExploralion-ket•7.doc
M:Pl.ANNING—DEVELOPMENT REVIEW\Correspondcucc‘SlawsonExploralion-let•Ldoc
11 May 2011
Bonanza Creek Energy, Inc
410 17th Street, Ste 150C
Denver, CO 80202
Eric R. Lantz Certified Mail Rcpt#
2183 S. Corona St . 7005 1160 0003 4751 3135
Denver, CO 80210
(303) 722-1837
Dear Mr. Lantz
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 WCR 62 between
WCR 89 through WCR 85, 2 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,
Keith S. Caplan,
BONANZA CREEK ENERGY, INC.
ACKNOWLEDGEMENT:
Print name Date Print name Date
Signature Signature
pc: Weld County Public Works
(WCR f Non-Exclusive License Agreement
M:\PLANNING--DEVELOPMENT REVIEW\Correspondence1SlawsonExploration-let•1.doc
M:\MANNING-DEVELOPMENT REVIEW\Correspondence\SlawsonENploration-let-1.doc
/0 May ti
Bonanza Creek Energy, Inc.
410 17r1'Street,Suite 1500
Denver, CO 80202
Ld-S (- e'fq
800 US H wY 36 c« .F..d /'1a;1 Rcpt' -41
Ayers, co 801°3 7010 ,L18o dpo2 8663 301
Dear Mr. L, 'ne6ur :
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 WCR 62 between
WCR 81 through WCR8 S, X 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 !etter. I have included a self-addressed, stamped envelope for your
convenience. Your signature on the certified mail receipt will also acknowledge notification
Sincerely,
Sr. opero+ ons lcchlt;c;a'
&0,'AN--A GREEK ENERC)/rNC .
ACKNOWLEDGEMENT:
Print name Date Print name Date
Signature Signature
pc- Weld County Public Works
(WCR I Non••Exclusive License Agreement
M PLANNING DEVELOPMENT REVIEV.'`.Corresponoe'^re'SlawsonExpiorat,o'l-m1-1 occ
RI VII 1r.-•.:,rrcc)rondoud.tilaw,on'r.>:nioranon-Ic;-1 dtx
CttfiFtef iia;t RcpI-
'1010 2,12o oocm.. 2663 3CSQ
32 May 2011
Bonanza Creek Energy, Inc.
410 Seventeenth St.
Suite 1500
Denver, CO 80202
Mr. Matt Pollart
Colorado State Land Board
North Central District Office
360 Oak Ave. , Suite 110
Eaton, CO 80615
Dear Mr. Pollart
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 WCR 62 between
WCR 89 through WCR 83.2 'miles of section line access. Please see attached.
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,
-ek
Keith S . Caplan
Bonanza Creek Energy, Inc.
ACKNOWLEDGEMENT:
Print name Date Print name Date
Signature Signature
pc. Weld County Public Works
(WCR 1 Non-Exclusive License Agreement
M v _ANNiNG- DEVELOPMENT REVIEbV;C 3rresponeencei;iawsorExplorauon.1d1-1 dec
�:'•PLAti':!'Vr-DF\'i'lf)I'Mi.':T2EV1;'.W.(_ rresrundcnceSlaw:.onhxplorau.i,.1 -I clue
WELD COUNTY PUBLIC WORKS
r'•
Weld County Public Works Dept. Phone: (970) 304-6496
1111 H Street ` Fax: (970) 304-6497
P.O. Box 758 q :1•. sr
Greeley, CO 80632
PAYMENT RECEIPT
Permit#: NP11-00049
Permit Type: Miscellaneous
Applicant: Keith Caplan
Bonanza Creek State Antelope 11-2HZ
410 17 St Suite 1500
Denver, CO 80202
Amount Paid Date Payment Method Reference Number Cashier
$100.00 5/13/2011 Check 4539 MCAUDILL
Comments:
Non-Exclusive License Agreement State Antelope 11-2-HZ
Total Payments: $100.00
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WELD COUNTY PUBLIC WORKS
Phone: (970) 304-6496
Weld County Public Works Dept.
1111 H Street s~' I Fax: (970) 304-6497
P.O. Box 758 •
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Greeley, CO 80632 G�,1,\° -e
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PAYMENT RECEIPT
Permit#: NP11-00048
Permit Type: Miscellaneous
Applicant: Keith Caplan
Bonanza Creek State Antelope 11-2HZ
410 17 St Suite 1500
Denver, CO 80202
Amount Paid Date Payment Method Reference Number Cashier
$150.00 5/13/2011 Check 4540 MCAUDILL
Comments:
Subdivision Signs State Antelope 11-2HZ
Total Payments: $150.00
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WELD COUNTY PUBLIC WORKS
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Weld County Public Works Dept. Phone: (970) 304-6496
1111 H Street Fax: (970) 304-6497
P.O. Box 758
Greeley, CO 80632
PAYMENT RECEIPT
Permit#: AP11-00151
Permit Type: Access
Applicant: Keith Caplan
Bonanza Creek
410 17 St Suite 1500
Denver, CO 80202
Amount Paid Date Payment Method Reference Number Cashier
$75.00 5/13/2011 Check 4541 MCAUDILL
Comments:
Total Payments: $75.00
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