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Home My WebLink About20102530.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROADS 76 AND 85 AND AUTHORIZE CHAIR TO SIGN— ANTELOPE ENERGY COMPANY, LLC 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 76 and 85 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 Antelope Energy Company, LLC, P.O. Box 577, Kimball, Nebraska 69145, 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 76 and 85 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 Antelope Energy Company, LLC, 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 25th day of October, A.D., 2010. f�BOARD OF COUNTY SIGNERS ELD COU COLORADO ATTEST: .Y ? 4 • ;f„ •�. � cQ.9..wna cn, la Radema• er Chair Weld County Clerk to the Bo _ • luitoct 1a wit I f • rbara Kirkmeyet,, Pro-Tem BY: l oa d Depu y Clerk the oar P Sean C ay APP OFdRM: / ImF. Garcia r�ou 'Att.rney �� David E. Long Date of signature: ' I� 2010-2530 OY106 k0 Pw ct- . Pk) EG0062 Id;/io ll. 3 - lO Mgc,\( ;-% :! MEMORANDUM hiDeTO: Clerk to the Board DATE: October 20, 2010 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 Antelope Energy(State 7-62-36 well site) on WCR 76 and WCR 85. Enclosed are two original signed signature sheets for the agreements,please return one to Public Works. Enclosures pc: Planning staff M.AFrancieAAgendaDonCarroll_doc 2010-2530 B66 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY ti THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this yl.5 day of De lo bZr, 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 Antelope Energy Company, LLC, as Second Party whose address is P.O. Box 577, Kimball, Nebraska 69145. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at NW NW Section 36, T7N -62W(State 7-62-36) in Weld County, Colorado,and WHEREAS, First Party is the owner of the right-of-way known as WCR 85 and 76 for distance of Approximately one (1) mile (from the intersection of WCR 85 and WCR 76 to the west between sections 25 and 36). 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: I. 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 I 11111111111111111111111 IIII 111111 11111 III 11111 IIiI IIII 3727866 10/26/2010 11:53A Weld County, CO .)�0 aSL 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 1 11111111111 111111 111111 1111 111111 11111 111 111111111 IIII 3727866 10/26/2010 11:53A 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. HBO 11111 113 11 IIII 111111 11111 III VIII IIII IIII 3727866 10/26/2010 11:53A 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.\ J gat _ Clerk to .e Board -1/42 1161 1161By: Deputy C "rk ;r `�� Doug as R emacher,C it ♦ClUf 0 OOs' 2 5 2ulu SECOND PARTY: NAME Lisa Smith(Agent for Antelope Energy) NAME Sarah Miller(Agent for Antelope Energy) B : By: /kQC- SUBSCRIBED AND SWORN to before me this 14th day of October ,2010, By Venessa Langmacher WITNESS my hand and official seal A.0 Notary Public My commission expires: 01/24/2013 PANG -42(P-‘,OF CO;: . 1• M:\AGREEMENTS\Non-exclusive\2010\AntelopeEnergyCompany,L LC.docx 4 AIM 11111 1111111111111111111111 11111 III 11111 11111111 3727866 10/26/2010 11:53A Weld County, CO aD/t _ 0253 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder A 711 a a a 1 + w x a a a + w A a a a Q a r r ti a a a • • A I a a ID a I Z p.. a a a a • I. a a a a • A a a a a F'' -- - _ a a a 0 a I 41 a x a I R M a x a a I I . a x I X a • a S h , I I a a s Si X • a a s Q X I • a a s Q X • a a 3. a a a a ( . w a a a a * w a a I X , * w x • A a a a a • b a a I • • ft a a a - • a 1. r I. 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'(7s2 rj KEHN;' cm JOEL & w ¢ DONALD & w z GONZALO C CASS H f LEN M DON -J o ,y c' La = 0 z N o m , 9 `-) _ 'o a m �ROBERTS 22 ERRERA 2!4THOREL cx o Ce¢ o JOHNNY L & SHELLER GONZALO C GIBSON ` o FRED D & RODNE' K ON SORENSEN DONALD & D & STEPHEN 82 _ - A- KEHN KEHN DON COLORADO HERRERA I GIBSON 5 DON ( STATE OF GONZALO C FRED D & `�' z f ct Jt ._ � ma �' 'a7 - � w F-: r �� I ¢ o � cNn CASS N a trHORELL Y o KEHN Y ~ cl HELEN M & HELEN j 1 ODNEY D & DON & M & I 191E - RAMIf ZANI0N10 &�' SCHULTZ �q2.E SCHULTZ STEVEN R & SCHULTZ JOHNSTON >- COLORADO Y STEVEN STEVEN JAMEY c STATE OF z ¢ o w NDERSON R & CASS R & R & J ¢ `�' z MES G &" o ,� o SCHULTZ ^' o °a Q z z flU ! MECHALKE = Y �- ¢ w i. L & L L & L i CL wDICKvU STEVEN w NJ a PARTNERSHIPIARTNE\ � R & Ow = w (n c_ UI y - C R+ri 4 ,. T1 7' f Iw -1 } a L & L E5 ce, w ow it- gl w w ct V WELLS WELLS DEGENHART JACK - c n z PARTNERSHIP L 2 J a 2 ,.� KEH WILL ¢ ¢ - > > w z x w o S '' DON RANCH RANCH J & a c� cO w = ¢ w (n CZ s MOLLY O TRUST CO Y N o o �en 4 o i1 ELLS 5 4 ea ->3 WILL FRED .. WILL FRED 0 w EBRIGHT 2 SWANSON RUH i COLORAD KEHN DON RANCH WELLS RANCH DEGENHART JACK i! ' ,_ 0 & MOLLY & MOLLY 0 MITZI K TIMOTHY H & WILLIAM STATE 01 J & 13 0 0 f RUST TRUS f I +Nllt]OIN NIIRA G & LEIBERT— McATEE & ASSOCIATES, INC . 615 S 10th AVE STERLING , CO 80751 970 - 522 - 1960 ACCESS ROAD MAP STATE 7 - 62 - 36 SECTION 36 TOWNSHIP 7 NORTH RANGE 62 WEST T.. -- 1-26 ' - -S t 125 . \\J, ,.. , ,, .. ,... _ , : 32 3p Y _.Y ' 1 1 1 i . • • • CL 2-TRACK TRAIL 4l?`_ _ 'ice ' PROPOSED ACCESS r - ! " '1 1 r i , , I N7 g©I I PROPOSED 1 1 ' STATE 7-62-36 ! g \ 00 \ t I I I - _ S ` �r '� ' Ii I I ' U I`.�• _ 1 _ . _ , ♦ I . i - . 1 t\ I I , \ , . i n,d I 1 • / T. 7 N • \ wti - All II hi I it it AI a _ 1 i' - - COUNTY ROAD 74 \1 ,I ' I T 6 N pk , 1 ; . . • '' 1 1. t n v • I . • . I , } y ;X60 T - . F.'s , ' ' . . I ,� \ - I -- 1 yS I' d___t' ! h , i .-:<� , , SCALE: 1 "=2000' 0 1000 2000 SCALE IN FEET PERIIII I CO PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • www.oilpermits.com October 14,2010 Colorado State Land Board Tim Kelly 1127 Sherman St.,Suite 300 Denver,CO 80203 Dear Mr. Kelly, 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 at the intersection of WCR 85 and WCR 76,and traveling westerly between sections 25 and 36 for approximately 0.8 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, S Antelope Energy Company, LLC c/o Permitco Inc.303-857-9999 P.O. Box 577 Kimball, NE 69145 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc:Donald Carroll,Weld County Public Works (Antelope-State 7-62-36)Non-exclusive License Agreement trc,;\$ '-44 PE1DIPI'CO conpmei PO Box 99 • Eastlake, CO 80614 • )303) 857-9999 • FAX )303) 450-9200 • www.oilpermits.com October 14,2010 Rodney and Wanda Thorell 73826 G. Rd. Loomis, NE 68958 Dear Mr.&Mrs.Thorell, 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 at the intersection of WCR 85 and WCR 76,and traveling westerly between sections 25 and 36 for approximately 0.8 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,k osiLi daz Antelope Energy Company, LLC c/o Permitco Inc.303-857-9999 P.O. Box 577 Kimball, NE 69145 ACKOWLEDGEMENT: Print Name Date Print Name Date Signature Signature cc: Donald Carroll,Weld County Public Works (Antelope-State 7-62-36)Non-exclusive License Agreement NAME State 7-62-36 CASE # WCR Location CR 85 & 76 Non-exclusive License Agreement $100.00 Fabrication and Installation of Cross Road Sign (blue &white) $150.00 TOTAL DUE $250.00 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. X 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. X 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 REVIEWWonExclusiveLicenseAgree-Form.doc INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 Date: 10/14/2010 APPLICANT Applicant/Owner Email Address Antelope Energy Company,LLC Street Address P.O.Box 577 City State Zip Phone Number Fax Number Kimball Nebraska 69145 (303)857-9999 Case it Subdivision/Case Name W side of WCR 85 at intersection of 76 Lots A and B Section Township Range #Proposed Lots 36&25 7N 62W FEE SCHEDULE QTY DESCRIPTION UNIT TOTA PRICE L Development Construction 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 I Non-exclusive License Agreement $100 $100.00 1 Fabrication and Installation of Cross Road Signs(Blue& White) $150 $150.00 TOTAL DUE $250.00 Reviewed by: Title: pate —.II !'1I 1 , OCT 19 2010 L. I ❑ Cash O Check ❑ Money Order# C WEPT By Date MA AGREEMENTS Hello