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Home My WebLink About20101896.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 104 AND AUTHORIZE CHAIR TO SIGN - SLAWSON EXPLORATION (WESTERN DIVISION) 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 104 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 Slawson Exploration (Western Division), 1675 Broadway, Suite 1600, 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 104 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 Slawson Exploration (Western Division) 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 August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS /�` ELD COUP , - a ..RADO ATTEST: ��i 'r `E�J �y, Ate . at t �� -1 Doug -• Radema her, Chair Weld County Clerk to th-�:a ( i2s'� '•+�" 'IEXCUSED Barbara Kirkmeyer, Pro-Tem BY: ibt Deputy Clerk a Board Sean P. Conwa _ APP D AS T M: i _ William F. Garcia ounty Attorney Qkdk Ccr i) David E. Long Date of signature: 6�6� C�)/() 2010-1896 ‘ ono( -'(j3 Pod' to tow Lc-- Pi` EG0062 3,_,/ y../o q-1 - I0 MEMORANDUM TO: Clerk to the Board DATE: August 12, 2010 WII D C. FROM: Donald Carroll, Public Works Department COLORADO 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 Slawson Exploration on WCR 104 between WCR 57 and 73. The appropriate documentation is attached. Enclosures pc: Planning staff M:\Francie\AgendallonExclusive.doc 2010-1896 Aj4 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this I g day of A ui US , 2010, by and between WELD COUNTY,COLORADO,by and through the Board of County Commisioners of Weld County,Colorado,whose address is 915 Tenth Street,Greeley,Colorado 80632, as First Party, and Slawson Exploration(Western Division),as Second Party whose address is 1675 Broadway, Suite 1600, Denver,Colorado 80202. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Sections 13, 14, 23,and 24,T9N, R64W and Sections 13 through 24,T9N, R63W of the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 104 for distance of eight(8)miles(from WCR 57 to WCR 73). 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. 1 HIED 11111 1111 11111 I'll 111111 111111 111 11111 11111111 3716114 09/02/2010 11:24A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &O/0 -,g96 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. 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 2 1111111111111111111111 IIII 111111111111 III 11111 1III 1111 3716114 09/02/2010 11:24A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. 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 HMI VIII 1111 111111 111111 III 11111 11111111 3716114 09/02/2010 11:24A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 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: V • -) IY Clerk to the Board Is61 CSQ By: / - instkiS Deputy ©U NIt Douglas emacher, hair AUG 18 2010 SECOND PARTY: NAME Lisa Smith Agent for Slawson) NAME Sarah Miller(Agent for Slawson) B*ti SI�I�CJ`�lJ BYBoa a SUBSCRIBED AND SWORN to before me this 6th day of August , 2010, By_Venessa Langmacher WITNESS my hand and official seal V � a 4j1Q&cyvi.Q1� Notary Public My commission expires: 01/24/2013 tow S. N9,, Pueoc it-91 RLip co\.o o^tti M:AGREEMENTS\Non-exclusive\2010\S lawsonExploration(W estemDivision).docx 4 1 111111 11111 111111 11111 II11 111111 111111 III 11111 IIII IIII 3716114 09/02/2010 11:24A Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder aO/D /d�9lc 14 13 -I• • ip r,e4' . ... I 21 +1 it 41t � ' ri - .+.....,.r,...r. . .F en _ 4 • J ' '` 26 25 - 30 2 ' 26 I 41a .t- , . . 1 • a 3� 36 . 31 Ito. 4 I IV 59 C 63 65 67 69 73 • - - - ^ 75 i 2 •4 • ,t - --- • •-i-- - • . --:-.. -i ,I lir 1 ....40.+L. 3 11 12 7 I - 14 13 18 17 16 15 14 13 1 : �, 5 ,:"./.: //:: ri •, . L ,400 i , • • • • • • e • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • - .a.. .- . iiiimaliak L i I 11141 2 23 24 19 20 21 22 23 24 19 ' _ 1.,„„pl 7 26 25 30 29 28 27 26 ' 25 .%,... ........-. .VA ii .,-:-4 I 4 35 36 31 32 33 34 35 36 31, 3 2 1 6 5 4 � 0 11 12 7 8 • 9 10 r r i . . I 5 4:4 13 18 17 16 15 S . . - ER MIT PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permltcol @colcorn August 6,2010 Michael McCrery 1719 E Mulberry Fort Collins,CO 80524 Dear Mr.McCrery, 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 104 between WCR 57 through WCR 73,8 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 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, qq J Slawson Exploration c/o Permitco Inc.303-857-9999 1675 Broadway, Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc:Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement ,.�t /?Ij 1'ERMITCO PO Box 99 • Eastlake,CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permitcol @ool com August 6,2010 Eugene Calidonna 115-6 Street Seal Beach,CA 90740 Dear Mr.Calidonna, 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 104 between WCR 57 through WCR 73,8 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 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, Slawson Exploration do Permitco Inc.303-857-9999 1675 Broadway,Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc: Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement `,OM '1f4 • i PERMPI'CO comp A:Si PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permitco 1 @colcorn August 6,2010 Anne Magruder 6001 E.Southern Ave.,Unit 27 Mesa,AZ 85206-3614 Dear Ms. Magruder, 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 104 between WCR 57 through WCR 73,8 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 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, L Slawson Exploration c/o Permitco Inc.303-857-9999 1675 Broadway, Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc:Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement Ot 'L'U PEROIITCO e)ov Asi PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303( 450-9200 • E-MAIL Permitcol @aol.com August 6,2010 Ronald Bowman 29330 CR 358A Buena Vista, CO 81211.9632 Dear Mr. Bowman, 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 104 between WCR 57 through WCR 73,8 miles of section line access. The reason for this notification is that it will add oiVgas 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 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, Slawson Exploration d o Permitco Inc.303-857-9999 1675 Broadway, Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc: Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement AIje›, PER1II'ICO eon PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permitcol @col.com August 6,2010 James Konig 57851 CR 81 Grover,CO 80729 Dear Mr. Konig, 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 104 between WCR 57 through WCR 73,8 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 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, Slawson Exploration c/o Permitco Inc.303-857-9999 1675 Broadway,Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc: Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement PE1LMPl'CO col/PASS PO Box 99 • Eastlake, CO 80614 • )303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permitcol@aol.com August 6,2010 KBF Inc. 57851 CR 81 Grover,CO 80729 Gentlemen, 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 104 between WCR 57 through WCR 73,8 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 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, Slawson Exploration c/o Permitco Inc.303-857-9999 1675 Broadway,Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc:Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement PEILMPI'CO CONPASt PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX(303) 450-9200 • E-MAIL Permitcol@aolcorn August 6,2010 State of Colorado Bill Killip 1313 Sherman Street, Room 620 Denver,CO 80203 Dear Mr. Killip, 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 104 between WCR 57 through WCR 73,8 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 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, Slawson Exploration c%Permitco Inc.303.857-9999 1675 Broadway,Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc: Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement QM III PERMI I(A tom 1.4.14i PO Box 99 • Eastlake CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permitcol @aol corn August 6,2010 United States Forest Service Vern Koehler 660 O Street Greeley,CO 80631 Dear Mr. Koehler, 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 104 between WCR 57 through WCR 73,8 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 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, Slawson Exploration c/o Permitco Inc.303-857-9999 1675 Broadway,Suite 1600 Denver Colorado 80202 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc: Donald Carroll,Weld County Public Works (WCR 104)Non-exclusive License Agreement WELD COUNTY PUBLIC WORKS Weld County Public Works Dept. © COO 2 Phone: (970) 304-6496 1111 H Street * .c Fax: (970) 304-6497 P.O. Box 758 -o ®, r (f) Greeley, CO 80632 O mr" Act O% 4/C VI PAYMENT RECEIPT Date: August 11, 2010 Permit#: NP10-00094 Permit Type: Miscellaneous Applicant: Permitco Inc. Slawson Exploration (Western Division) Amount Paid Payment Method Reference Number Cashier $400.00 Check MCAUDILL • Comments: 1 Non-Exclusive Lic Agr. 2 Blue & White Fab & Install signs 22639 PERMITCO INC. BELLCO CREDIT UNION P.O.BOX 99 ENGLEWOOD,CO 80155-6611 EASTLAKE,CO 80614 23-7501/3020 (303)857-9999 8/6/2010 PAY TO THE **400.00 ORDER OF Weld County Public Works Four Hundred and 00/100*************************************************************************************************** DOLLAF Weld County c/o Office of Public Works PO Box 758 Greeley, CO 80632 MEMO A a¢eo siGNnrurl SIMMINIMP INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 Date: 8/6/2010 APPLICANT Applicant/Owner Email Address Slawson Exploration(Western Division) Street Address 1675 Broadway Suite 1600 City State Zip Phone Number Fax Number Denver Colorado 80202 Case# Subdivision/Case Name WCR 104,S.L. WCR 57-WCR 73 Lots A and B Section Township Range #Proposed Lots FEE SCHEDULE QTY DESCRIPTION UNIT TOTA PRICE L Development Constuction Permit(Subdivisions) • Dwelling Units $150/lot • Non-Dwelling Units $750/ lot Offsite Road Agreement/Haul Route Agreement Review $500 Flood Hazard Development Permit $180 Storm Water Review $180 Geological Hazard Permit $180 1 Non-exclusive License Agreement $100 $100.00 2 Fabrication and Installation of Cross Road Signs(Blue&White) $150 $300.00 TOTAL DUE $400.00 Reviewed by: Title: Date: (-a r. ❑ Cash ❑ Check ElMoney Order# - — i *f 1 By Date Ate t M:\AGREEMENTS\invoice-NonExclusive-I.doc ---------_�� COUNTY PUBLIC V O154S PFPT NAME Slawson Exploration CASE # WCR Location WCR 104 from 57 to 73 Non-exclusive License Agreement $100.00 Fabrication and Installation of Cross Road Sign (blue & white) $150.00 TOTAL DUE $40000 NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL X Documentation of Proof of Right-of-Way (Title Co./ GIS Dept.) or document of an easement shall be provided to the Department of Public Works. _X__ One (1) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. X An 81/2" x 11" inch map, drawn, indicating type of right-of-way/ easement; whether it is dedicated, private, or deeded to provide adequate acces to the parcel. The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. X The applicant shall complete a Weld County Road Access Permit Application Form. The above information shall be submitted to Weld County Department of Public Works. Send to Clerk to the Board of hearing date: , Wednesday, 9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the Court House. WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET PO BOX 758 GREELEY CO 80632 M:\PLANNING—DEVELOPMENT REVIEW NanExclusiveLicenseAgree-Form.doc Hello