HomeMy WebLinkAbout20070596.tiff RESOLUTION
RE: APPROVE AMENDMENT TO LETTER OF AGREEMENT TO TEMPORARILY CLOSE
A PORTION OF THE POUDRE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN
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 an Amendment to the Letter of Agreement
to Temporarily Close a Portion of the Poudre River Trail among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, Petro-Canada
Resources(USA)Inc.,and Poudre River Trail Corridor, Inc.,commencing upon full execution,with
terms and conditions being as stated in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,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 Amendment to the Letter of Agreement to Temporarily Close a Portion
of the Poudre River Trail among the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, Petro-Canada Resources(USA)Inc.,and Poudre River
Trail Corridor, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign said amendment.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: at, � y L a '� QJ 6C1
r David E. Long, Chair
Weld County Clerk to th!Boffr `?,\ l
tc .p William J(, em
Deputy Clerk to the Bo- C
W am F. Garcia
APPR AST . 4 Vti.Q__
Robert D. Masden
—( my Attorney Qe
X1_3_07 Douglas ademac er
Date of signature:
2007-0596
BC0024
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AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered into this 28th day
of February, 2007 by and between Petro-Canada Resources (USA) Inc. ("PCR"), Board
of County Commissioners Weld County, Colorado, and Poudre River Trail Corridor, Inc.,
(collectively"Poudre River").
BACKGROUND
A. On February 8, 2007, Poudre River and PCR entered into a Letter
Agreement regarding temporarily closing the Poudre River Trail during the drilling
operations of the Christiansen 35-41, and Christiansen 35-45 wells.
B. Poudre River and PCR wish to amend the Letter Agreement.
NOW, THEREFORE, for value received, the receipt and sufficiency of which are
acknowledged, the parties hereto agree as follows:
I. The following paragraphs shall be added after paragraph 4:
PCR hereby agrees to indemnify against liability and to save harmless Poudre River from any liability
or damages Poudre River may suffer as a direct result of claims,demands,costs,or judgments instituted by
PCR, its agents,employees, invitees, or any person claiming through them,against Poudre River arising
directly out of PCR's, its agents' or employees' negligent operation or use of the Trail, or arising directly
from any accident, injury or damage,however caused, including the acts and omissions of third parties,to
any person or persons, or to the property of any person,or corporation occurring during the term of this
Agreement in relation to the aforementioned Trail closure for PCR's drilling purposes.
PCR further agrees to defend Poudre River, by counsel reasonably satisfactory to Poudre River, against
all claims and demands directly arising out of Poudre River's coordination and supervision of the Trail
Closure for PCR's drilling operations and PCR's agents or employees,no matter whether such claims are
made informally, in arbitration or mediation proceedings,or in court proceedings.
2. All other provisions of the Agreement shall remain in full force and effect and
unchanged.
Poudre River Trail Corridor,Inc. Petr anada sources(USA) Inc.
By: '�t By: .
Title: Ma...c�Jc/ Title:
Board of County Commissioners ATTEST:
Weld Cour%Colorado
1 WELD COUNTY CLERK TO THE BOARD
c
By: _) c'`n.\ r BY: �f`i.�}}_<Cj / Gi 1 Z-jam(
Title: David E. Long, Chair A pFpuT Y CL a TO THE BOARD `�
ATTESTING 10 BOARD OF COUNTY
COMMISSIONER SiGNATURES ONLY
MAR 0 7 2007
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