HomeMy WebLinkAbout20102295.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 86 AND AUTHORIZE CHAIR TO SIGN-CARRIZO
OIL AND GAS, 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 86 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 Carrizo Oil and Gas, Inc., 1000 Louisiana Street, Suite 1500,
Houston, Texas 77002, 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 86 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
Carrizo Oil and Gas, 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 29th day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
', � WELD COUNTY, COLORADO
♦ <
ATTEST: • r1� � � �1:� ._ � • ceja•vrYke.-S'u!�'
$, • = •u• as adem- he , air
Weld County Clerk to the
S:trs/ mm ,
--rbara Kirkeye ,BY
Dept Clerk t t e Board
Sean P. Co ay
APPR T •
F. Garcia
ounty A torney C d�
David E. Long
Date of signature: dd(p UUU
2010-2295
e'e.' PI`S EG0062
Orl(1 �b Qh(FruNC.aC.) /L% 1,-10JJ G1 -aci- lo
Kik MEMORANDUM
W� D C
TO: Clerk to the Board DATE: September 23, 2010
COLORADO FROM: Donald Carroll, Engineering Administrator (1,4
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 Carrizo Oil/Gas Inc. (CR 86/83) approximately 1/2 mile.
Enclosed are two original signed Agreements, please return one to Public Works.
Enclosures
pc: Planning staff
M:AFrancieAAgendaDonCarroll.doc
2010-2295
9,
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this ).7 day of itr/rber, 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 Carrizo Oil & Gas Inc., as Second Party whose address is 1000 Louisiana Street, Suite 1500,
Houston,Texas 77002.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at SE SE Section 36, T8N—
R62 W(Bob White 36-44-8-62)of the 6`1 P.M. in Weld County,Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR 86, for distance of
Approximately 0.4 miles(beginning 1/2 mile east of the intersection of WCR 86 and WCR 83).
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.
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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
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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.
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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:
Clerktot aBoard ,j1Si
BY: iid 1 ! r T toyerr. B
Deputy rk • it ` . Do glas emac r;Chair
11:61 0:).1"..:
610
N® 'iW°�j� SEP 2 9 2010
SECOND PARTY:
NAME Lisa Smith(A ent for Carrizo) NAME Sarah Miller(Agent for Carrizo)
By: SGk
SUBSCRIBED AND SWORN to before me this 21 st_ day of September ,2010,
By_Venessa Langmacher
WITNESS my hand and official seal i&Si4O i�! l
Notary Public
My commission expires: 01/24/2013
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CARRIZO OIL & GAS, INC
3 •;,�����'�, ��;�;, BOB WHITE 36-44-8-62
North SL SE1 /4 SE1 /4 SEC. 36 T8N R62W
0 2000 4000 LAND SURVEYING AND MAPPING
LAFAYETTE - WINTER PARK BL NW 1 /4/4 NE 1 /4/4 SEC. 36 T8N R62W
Ci i Graphic Ih =2000fee et Ph 303 666 0379 Fx 303 665 6320 6th PM WELD COUNTY COLORADO
O
NAME Carrizo Oil & Gas Inc.
CASE #
WCR Location 1/2 mi east of 86 and 83
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 access 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.
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\NonExclusiveLicenseAgree-Form.doc
Al% P At 11
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PERUIITCrfinpilkSi
PO Box 99 • Eastlake CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permlkol @aolcorn
September 21,2010
Bob White
3315 33rd Ave.St
Greeley,CO 80634
Dear Mr.White,
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 east end of WCR 86,traveling east between
Section 36(T8N-R62W),and Section 1 (T7N-R62W),approximately 0.4 miles of Section line access in total.
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,
Carrizoizo il &Gas c.
C/O PermitCo Inc.(303)857-9999
1000 Louisiana Street,Suite 1500
Houston,TX 77002
ACKOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
cc:Donald Carroll,Weld County Public Works
(Bob White 36.44.8.62)Non-exclusive License Agreement
1A 14 1'L'tfAl,,
PLILMII(A
cy� ti'N 4
PO Box 99 • Eastlake, CO B0614 • (303) 8579999 • FAX (303) 450-9200 • E-MAIL Permitcol@aoLcom
September 21,2010
Jerrie L.White
41128CR86
Briggsdale,CO 80611
Dear Jerrie L.White,
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 east end of WCR 86,traveling east between
Section 36(T8N-R62W),and Section 1 (T7N-R62W),approximately 0.4 miles of Section line access in total.
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,
���
Carrizo Oil &Gas Inc.
C/O PermitCo Inc.(303)857-9999
1000 Louisiana Street,Suite 1500
Houston,TX 77002
ACKOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
cc:Donald Carroll,Weld County Public Works
(Bob White 36-44-8-62)Non-exclusive License Agreement
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