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Home My WebLink About20102335.tiff RESOLUTION RE: APPROVE REQUEST TO WAIVE BID PROCEDURE CONCERNING OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN - MATRIX ENERGY, 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, Matrix Energy, LLC, P.O. Box 271309, Fort Collins, Colorado 80527, has requested that the bidding procedure be waived according to the policy as set forth in the Weld County Code for parcels less than five acres, on the following described mineral acres: A strip of land thirty(30)feet in width lying off the east side of the E1/2 of the SW1/4 of Section 29, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado; said strip of land to be used for public highway purposes only, recorded at Book 300, Page 390, on April 19, 1904, and WHEREAS, Matrix Energy, LLC, is offering to lease the above described mineral acres, containing 1.82 mineral acres, more or less, and WHEREAS, the Board finds that the lease offer from Matrix Energy, LLC, in the amount of TWO HUNDRED AND NO/100 DOLLARS ($200.00), is acceptable, with the further terms and conditions being as stated in said Small Tract Oil and Gas Lease, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Matrix Energy, LLC, to waive the bidding procedure on an Oil and Gas Lease concerning the above described mineral acres, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the offer of Matrix Energy, LLC, to lease mineral acres, as hereinabove stated, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair, be, and hereby is, authorized to sign said Small Tract Oil and Gas Lease. CC IY\O*ri X, CA 0 I�-I 2010-2335 LE0278 WAIVE BID PROCEDURE - MATRIX ENERGY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COU OLORADO ATTEST: � ��' %/ � LZ I adem her air Weld County Clerk to e rbara Kirkmeyer, Fj o-Tem Deputy Clerk o the B:+�:' (1' ` - �' Sean�P?. Coy papi5R ED„s M: (-(6/ ? William F. Garcia CCC ounty Attorney EXCUSED David E. Long Date of signature:So 2010-2335 LE0278 11_ WELD COUNTY OIL AND GAS LEASE (Small Tract) THIS AGREEMENT, made and entered into this 20`"day of September 2010, by and between WELD COUNTY, COLORADO, a political subdivision of the State of Colorado acting by and through the Board of County Commissioners of the County of Weld, 915 10th Street, P.O. Box 758, Greeley, CO 80632, hereinafter called Lessor, and: Matrix Energy, LLC hereinafter called Lessee. WITNESSETH, that Lessor, for and in consideration of the sum of$ 200.00 cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter described, has granted, demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of mining, exploring by geophysical and other methods, and operating for and producing therefrom; oil and all gas of whatsoever nature or kind, with rights of way and easement for laying pipe lines, and erection of structures thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Weld, State of Colorado, described as follows, to wit: A strip of land 30'wide located on the east side of the E%SW'/4, said tract being that tract conveyed in that certain Warranty Deed dated March 8, 1909 and recorded April 19, Book 300, Page 390 Section 29 Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado: and containing 1.82 acres, more or less. d 0 1. It is agreed that the lease shall remain in force for a term of three (3) years from this date c w and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises mim—c,c or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the ,.Y expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on o 5 acreage pooled therewith but Lessee is then engaged in drilling or re-working operations thereon, then if,' 2 this lease shall continue in force so long as operations are being continuously prosecuted on the leased a premises or on acreage pooled therewith; and operations shall be considered to be continuously — g prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one a a well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on :? said land or on acreage pooled therewith, the production thereof should cease from any cause after the (4 primary term, this lease shall not terminate if Lessee commences additional drilling or re-working c operations within ninety (90) days from date of cessation of production or from date of completion of dry momo ca hole. If oil or gas shall be discovered and produced as a result of such operations; at or after the —o° expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is 0 o produced from the leased premises or on acreage pooled therewith. moo rr 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees v that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any -Li is operations during the primary term. Lessee may at any time or times during or after the primary term -pi, surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. C:\Documents and Settings\Owner\My Documents\MATRIX\MATRIX\2010\Welt 2010-2335 teeing twenty percent (20%) of the proceeds received by Lessee, payable monthly, for the oil, gas and other hydrocarbons produced and saved from the leased premises. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to Lessor One Dollar per year per net mineral acre owned by Lessor and covered by this lease, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns less than the entire oil and gas fee simple estate in the above described lands, then the royalties (including any shut-in gas royalty) herein provided for shall be paid to the said Lessor only in the proportion which Lessor's interest bears to the entire oil and gas mineral fee simple estate. 6. Lessee shall have the right to use, free of cost or royalty, gas, oil and water produced on said land for Lessee's operations thereon, except water from the wells of Lessor. 7. When requested by Lessor, Lessee shall bury Lessee's pipe lines below plow depth. 8. No well shall be drilled nearer than 200 feet to any occupied building on said premises without the written consent of Lessor. 9. Lessee shall have the right at any time to remove all of Lessee's machinery and fixtures placed on said premises, including the right to draw and remove casing. 10. The rights of Lessor and Lessee hereunder may be assigned in whole or in part. No change in ownership of Lessor's interest(by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payment thereafter made. No other kind of notice, whether actual or constructive, shall be binding upon Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any d part of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other 0 leasehold owner. - m CC -U 11. Lessee, at its option, is hereby given the right and power at any time and from time to — gm= x time as a recurring right, either before or after production, as to all or any part of the land described herein gand as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the ram— mineral estate covered by this lease with other land, lease or leases in the immediate vicinity for the production or oil and gas, or separately for the production or either, when in Lessee's judgment it is —3 necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to mmi• such other land, lease or leases. Likewise, units previously formed to include formations not producing oil -N: or gas may be reformed to exclude such non-producing formations. The forming or reforming of any unit —� °' shall be accomplished by Lessee executing and filing of record a declaration of such unitization or r oo reformation, which declaration shall describe the unit. Any unit may include land upon which a well has -oo theretofore been completed or upon which operations for drilling have theretofore been commenced. o Production, drilling or reworking operations or a well shut in for want of a market anywhere on a unit o which includes all or a part of this lease shall be treated as if it were production, drilling or reworking c operation or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein ELM--r specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled S cn a royalties only on the portion of such production allocated to this lease; such allocation shall be that M N C:\Documents and Settings\OwnenMy Documents\MATRIX\MATRIX\20001WeId County Lease.doc (Revised 11/2000) proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bear to the total number of surface acres in such unit. In addition to the foregoing, lessee shall have the right to unitize, pool or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease shall not terminate or expire during the life or such plan or agreement. In the event that said above described lands or any part thereof shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land; and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. 12. All express or implied covenants of this lease shall be subject to all Federal and State laws, executive orders, rules or regulations, and this lease shall not be terminated, in whole or in part, nor Lessee held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such law, order, rule or regulation. 13. Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access to such abstracts and other title papers as it has in its files. Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands in the event of a default of payment by Lessor, and be subrogated to the rights of the holder thereof. 14. Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, . including death, to persons or property caused by or sustained in connection with operations on this 8 leased land or by conditions created thereby, or based upon any violation of any statute, ordinance or regulation. =mo •Th-a-.Uatj _s 15. Upon failure or default of Lessee to comply with any of the terms and provisions hereof g including but not limited to the failure to comply with laws, rules and regulations covering Colorado oil and g o o gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel d this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any g such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified d mail, to the post office address of said lessee as shown by the records of Lessor, a notice or intention to imm r cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date cn of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such Ems'" failure or default is not corrected with thirty (30) days after the mailing of such notice, and if Lessee does -==o o not request a hearing on such notice within thirty (30) days, this lease will terminate and be canceled by 0 o operation of the paragraph without further action by Lessor, or further notice to Lessee. imoo 0 0 16. All of the provisions of this lease shall be binding upon the heirs, personal —1-K representatives, successors and assigns of Lessor and Lessee. Mom a, 17. Lessee shall not conduct operations of any kind upon the surface of the lands herein �MM C:\Documents and Settings\Owner\My Documents\MATRIX\MATRIX\2000\Weld County Lease.doc (Revised 11/2000) described without the express written consent of Lessor. IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the CHAIR, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the office affixed, and Lessee has sig d this agreement, the day and year first above written. ATTEST: Weld County Clerk to the Board -- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CIe o the Bo. '' ( r�� ir, ioard o County Commissioners �+ OCT 0 4 2010 ®(� 6V,D �' SSEE: By: 7 Title: Co - MAi1/246r oL C� STATE OF COLORADO ss COUNTY OF WELD The foregoing instrument was acknowledged before me this gbh:, day of 5C1 Fn14b1v , 20 I ) , by Dal, L .5 4 oa412 Witness my hand and official seal. ............... aY PU O: ,p • ) 2i Notary Publ.1 z .L t , R7oMASEK',. My Commission Expires: j 0/2 7/2.6)/9 C OFCU MY ocither 27,2012 RES: \\51911101\512\ IIVIIIIIII010 1 q of 4 R 0.00 D 0.00 Steve Moreno Clerk&R C:\Documents and Settings\Owner\My Documents\MATRIX\MATRIX\2000\Weld County Lease.doc (Revised 11/2000) MATRIX ENERGY, LLC P.O.Box 271309 Ft.Collins,CO 80527 Phone: 970-282-1211 Fax: 970-282-1233 N.) September 21, 2010 fe.. ; r' f°' W :1n.n. Weld County Clerk to the Board • C Esther Gesick fTi PO Box 758 'CO w Greeley, CO 80631 Cr RE: Two small parcels Proposed Oil and Gas leases Dear Ms. Gesick: Pursuant to your e-mail, enclosed are two proposed oil and gas leases from Weld County to Matrix Energy, LLC. Along with the oil and gas leases are two checks to cover the consideration and bonus. If there is anything else needed in order to submit the leases please call me at 970-282-1211 or e-mail me at matrix@frii.com. Thank you for all of your help. Sincerely yours MAT X ENERGY, LLC Dan L. Schwartz Co-Manager End. O RECEIPT DATE 9 oz3--/17 NO. 85552 ° a eN RECEIVED FROM 2 8 ADDRESS 8 o o a'i FOR Semi! c24 Jetty . (5715: TSAi,. 1Q 45j U d (7 HOW PAID ,7": his/9y .4 ODDER F „ER ORDER it,RECEIPT DATE 9- .3- /o NO. 85553 ° /net-61.07 ` & st 1/C' � � ,N., RECEIVED FROM � U o m m ADDRESS OD c a) toO .4/-COeao- $ o2 I d 8 4 0 a FOR .Y�� Qaa1� ©f, ,Thl/ 'Q&i) -o i CO 13 U a 6 HOW PAID 4'15145 CASH1 tiro il CHECK n COLl 1� BY gze(.1/4_, 51 MONEY O ORDER Esther Gesick From: Esther Gesick Sent: Wednesday, September 22, 2010 3:53 PM To: Adela Segura Cc: Esther Gesick Subject: Weld County Mineral Interest documentation Hi Adela, I have another records request for the following properties to establish a file for Oil and Gas Leases to be considered by the Board of Commissioners: 1) A strip of land crossing Lot 2 of NW1/4 NE1/4 in Section 15,Township 5 North, Range 65 West; recorded at Book 970, Page 396. Containing .2 acres 2) A strip of land 30'wide located on the east side of the E1/2 5W1/4 of Section 29,Township 6 North, Range 65 West, said tract being that tract conveyed in that certain Warranty Deed dated March 8, 1909,and recorded April 19, Book 300, Page 390. Tract contains 1.82 acres. As always, thanks in advance for all of your help!! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)336-7215 X4226 (970)352-0242 (fax) 1 Esther Gesick From: matrix@frii.com Sent: Monday, September 20, 2010 4:00 PM To: Esther Gesick Subject: Re: FW: Oil and Gas Lease from Weld County for acres less than 5 acres Esther, Here are the two tracts: 1) A strip of land crossing Lot 2 of NWNE in Section 15, Township 5 North, Range 65 West; recorded at Book 970, Page 396. Containing .2 acres. 2) A strip of land 30' wide located on the east side of the E%SW% of Section 29, Township 6 North, Range 65 West, said tract being that tract conveyed in that certain Warranty Deed dated March 8, 1909 and recorded April 19, Book 300, Page 390. Tract contains 1.82 acres. On Fri, 17 Sep 2010 14:33:48 -0600, Esther Gesick <egesick@co.weld.co.us> wrote: > Dan, > Attached is the Small Tract Lease form and a copy of Weld County's > Oil and Gas Leasing Policy. You will need to sign, notarize and > return the lease to me at the address below with a check for the > appropriate lease amount and then I can list it on the Agenda for the > Commissioners to review. Also, would you please send me the legal > description for the parcel so I can verify whether we have it in our > records. > Thanks! > Esther E. Gesick > Deputy Clerk to the Board > Weld County, Colorado > 915 10th Street > Greeley, CO 80631 > (970)336-7215 X4226 > (970)352-0242 (fax) • Original Message > From: Bruce Barker > Sent: Friday, September 17, 2010 2:25 PM > To: Esther Gesick > Subject: FW: Oil and Gas Lease from Weld County for acres less than 5 acres > Esther: > Could you send to Mr. Schwartz our small tract lease. > Thanks! > Bruce. Original Message > From: matrix@frii.com [mailto:matrix@frii.com] 1 > Sent: Friday, September 17, 2010 11:33 AM > To: Bruce Barker > Subject: Oil and Gas Lease from Weld County for acres less than 5 acres > Dear Mr. Barker: > Thank you for the return phone call regarding oil and gas leases in > Weld County. My e-mail is matrix0Frii.com and I would appreicate all > the guidance you can give me. Thank you. > Dan Schwartz > Matrix Energy, LLC 2 Hello