Loading...
HomeMy WebLinkAbout20053354.tiff ONANZA CREEK OPERATING COMPANY LLC cORROCKY MOUNTAIN OFFICE C 1lfo OFFICE ' ` 116 Inverness Drive East,Suite 270 4900 Caeld.CA Avenue-Suite 350B (♦)C Englewood,CO 80112 P.O.B 21974 1 93309 ' - P.O.Box 3589 P.O.Box Parker,CO 80134-1437 Bakersfield,6 93390 www.6onanzacrk.9om Office: 720/729-2330 Office: 661/638-2730 Fax: 661/638-2733 October 18,2005 Weld County Board of Commissioners 915 10`s Street Greeley,Colorado 80631 RE: Weld County#22-15 Well, SENW 15-T5N-R61W / e Oe1 Pronghorn 12-9 Well, SWNW 9-T5N-R61W- 6m� �3 Pronghorn 14-4 Well, SWSW 4-T5N-R61W' 'LC4.1' Pronghorn Area,Weld County, Colorado New Operator—Bonanza Creek Operating Company,LLC Dear Commissioners: Please be advised that effective July 1, 2005,CFG Energy,Inc. assigned all of its right,title,and interest in the captioned wells to Bonanza Creek Operating Company,LLC. Closing occurred August 31,2005 and Duke Energy Field Services,Inc., and Frontier Oil and Refining Company,purchasers of the gas and oil produced from said wells have been advised that all proceeds should be sent to Bonanza Creek for its distribution to the royalty owners. Therefore,enclosed, for your signature and review,please find duplicate originals of the Oil and Gas Division Order form,which sets out your interest in the above referenced wells. If any of the information contained therein is incorrect or incomplete,please make the necessary changes and initial. Also enclosed for your completion is Form W-9,Request for Taxpayer Identification Number and Certification. This form is required by the Department of Treasury, Internal Revenue Service and must be completed before any funds can be released. Please sign both originals,retain one copy for your records,and return one to the undersigned in the self-addressed envelope that is provided for your convenience. Note: two other individuals must witness your signature. Please also return the completed Form W-9 for the completion of our • records. • Should you have any questions or comments,please feel free to contact me by telephone at 661-638-2730 X205. Thank you for your cooperation and assistance in this matter. Respectfully, Bonanza Cree Operating Company,LLC Monica L.Ward-Keller Business Development Coordinator Enclosures(3) ie—Oc2/_3 2005-3354 c' M QdaatwthaoNRiwvMAWddCmwtyCommimona.LTR10-18-30Mdec :0Mice✓ti �}fi�, �d� i4 -"MOS 16.•304141'7 Please Retain DIVISION ORDER This Copy TO: Bonanza Creek Operating Company, LLC P.O. Box 21974 EFFECTIVE DATE: Sept 1,2005 Bakersfield, CA 93390 DATE PREPARED: Oct 18, 2005 Each of the undersigned certifies and guarantees that he/she is the legal owner of, and hereby warrants title to, his respective interest as set forth opposite his/her name on Exhibit"A" attached hereto and made a part hereof, in the oil, natural gas, including gas condensate and natural gas liquids (hereinafter collectively referred to as"oil and gas"), produced and saved from the Well(s), located in Weld County, State of Colorado, described as: See Exhibit"A" Attached Until further written notice BONANZA CREEK OPERATING COMPANY,LLC (hereinafter called Bonanza") is hereby authorized to account to each of the undersigned for his/her interest in said oil and gas in accordance with the division of interest, which is set out herein, subject to the following terms and conditions: FIRST: Settlement hereunder shall be made on the basis of the proceeds derived from sales of such oil and gas and upon the volume computation made by the purchaser(s)thereof. SECOND: Payment hereunder shall be made by mailing a Bonanza check to each of the undersigned at the address given. The undersigned authorizes Bonanza to withhold from the proceeds of the sale of any and all oil and gas referred to herein the amount of any tax placed thereon, or on the production thereof,by any governmental authority, and to pay the same on behalf of the undersigned. THIRD: If a refund of any portion of the proceeds derived from the sale of oil and gas may be required under any order,rule or regulation of the Federal Energy Regulatory Commission or under the Natural Gas Policy Act of 1978 or any successor governmental or federal regulatory agency,Bonanza may hold without interest the portion of the proceeds subject to refund until indemnity satisfactory to Bonanza has been furnished or until Bonanza's refund obligation has been finally determined. If at any time a refund of a portion of the proceeds derived from the sale of oil and gas which has been paid the undersigned is required under any order,rule or regulation of the Federal Energy Regulatory Commission or under the Natural Gas Policy Act of 1978 or any successor governmental or Federal Regulatory Agency, Bonanza may recover said refund by deducting from future payments, or at Bonanza's discretion, may invoice the undersigned interest,plus the legal rate of interest Bonanza is required to pay applicable to the undersigned's portion of the refund. Pronghorn-Weld County 22-15,Pronghorn 12-9&Pronghorn 14-4 Weld County Board of Commissioners 1 Oct 2005 FOURTH: If the sale of oil and gas is made other than at the well or at the lease separator, then the proceeds to which this Division Order shall apply shall be the net proceeds after deduction of transportation, compression, gathering, dehydrating, and other costs properly incurred in connection with the making of such sale. FIFTH: The undersigned agrees to furnish to Bonanza satisfactory evidence of title when demanded. In the event of claim, controversy or suit which in the opinion of Bonanza affects title to the interests of any of the undersigned in the above-described land or to the share of the oil and gas produced therefrom or to the proceeds from the sale of such oil and gas, Bonanza may hold without interest the amount credited to the undersigned who is affected thereby until such title has been made acceptable to Bonanza. The undersigned agree to settle direct with all parties who may now own or may hereafter establish ownership of an interest in the premises herein described, and the undersigned hereby agree to indemnify and hold Bonanza harmless against all and every loss, charge, or expense of any kind whatsoever which Bonanza may suffer or incur by or on account of having paid the undersigned for 100% of the runs under this Division Order attributable to the interest set forth herein. SIXTH: The undersigned agree to notify Bonanza in writing of any change of ownership and no transfer of interest shall be binding upon Bonanza until a transfer order and the recorded instrument evidencing such transfer or certified copy thereof shall be furnished to Bonanza Creek Operating Company, LLC,P.O. Box 21974, Bakersfield, California 93390. Any transfer of interest shall be made effective on the first day of the calendar month following receipt of such notice to Bonanza. Bonanza is hereby relieved of any responsibility for determining if and when any of the interests herein set forth shall or should revert to or be owned by other parties as a result of the completion or discharge of money or other payments from said interest, and the signers hereof whose interests are affected by such money or other payments, if any, agree to give Bonanza notice in writing when any division of interest, other than set forth herein, shall for any reason become effective and to furnish transfer orders accordingly. In the event such notice is not received,Bonanza shall be held harmless in such event and is hereby released from any and all damage or loss which might arise out of any mispayment. It is agreed and understood that in the event any interest hereunder shall become subdivided, Bonanza shall have the right to require the write designation of a common agent to received payment for all of the several owners of the subdivided portions thereof, and Bonanza shall not be required to make payment for such subdivided interest until such designation is furnished. SEVENTH: The undersigned hereby adopt,revive,ratify and confirm the continued effectiveness of each oil and gas lease, together with any amendments thereto, under which the oil and gas to which this Division Order applies is produced. If the production which is the subject of this Division Order is obtained from a unit or units, the establishment of such unit or units is hereby ratified, confirmed and adopted. EIGHTH: If the proceeds accruing to any interest hereunder shall amount to less than Twenty-Five Dollars ($25.00)per month, Bonanza is hereby authorized to make payment from such accruals at such time as the accruals shall have accumulated in the amount of Twenty-Five Dollars ($25.00) or more. Pronghorn-Weld County 22-15,Pronghorn 12-9&Pronghorn 14-4 Weld County Board of Connnissioners 2 Oct 2005 NINTH: This Division Order shall become valid and binding on each of the undersigned,his heirs, devisees, administrator, executor, successors or assigns, as soon as signed by him regardless of whether other interest owners have so signed, and all of the provisions herein contained shall apply to each of the undersigned separately and not jointly. SIGNATURE WITNESS OR ATTEST: Owner#W1003 Q a WELD COUNTY BOARD OF COMMISSIONERS ' 1.1: v% 91510Th STREET ,SJ t% GREELEY,COLORADO 80631 4;�"?;-"i^� r TELEPHONE: 970-356-4000 X4200 `;1861f � �car � r': TAxm: 84-6000-813 tNC a �, rr .6 "'I✓ WELD COUNTY BOARD OF COMMISSIONERS � , /�„ By: `'i� N /4,- G I/�►!//iAV/// Witness #1 Clerk to the Board Name: William H. Jerke ���� Title: Chair C- itiALS.1 Date: November 14. 2005 fitness#2 Dep ty Clerk to the Board Pronghorn-Weld County 22-15,Pronghorn 12-9&Pronghorn 14-4 Weld County Board of Commissioners 3 Oct2005 Goes-Sag/ Exhibit"A" Attached to and made a part of that certain Division Order dated effective September 1, 2005 for the Well(s) and Owner listed hereinbelow in the County of Weld, State of Colorado. Well Name L Owner I Interest Weld County 22-15 Weld County Board of Commissioners 0.125000000 RI SENW 15/T5N/R61 W Pronghorn#12-9 Weld County Board of Conunissioners 0.125000000 RI SWNW 9/T5N/R61W Pronghorn#14-4 Weld County Board of Commissioners 0.062500000 RI SWSW 4/T5N/R61W Pronghorn-Weld County 22-15,Pronghorn 12-9&Pronghorn 14-4 Weld County Board of Commissioners 4 Oct 2005 COUNTY ATTORNEY STAFF APPROVAL This is to affirm the attached Division Order and Authorization to Receive Payment for an Oil and Gas Well has been reviewed by the County Attorney's staff as to form, legal description, and percentage of royalties, if applicable BY: Attorney r DATE: ) c ICI Hello