HomeMy WebLinkAbout20052824.tiff RESOLUTION
RE: APPROVE LETTER AGREEMENT FOR LEGAL SERVICES ON A CONTINGENT FEE
BASIS AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, 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 Letter Agreement for Legal Services on
a Contingent Fee Basis between the County of Weld,State of Colorado,by and through the Board
of County Commissioners of Weld County, on behalf of the County Attorney's Office, and Noble
Energy, Inc.,commencing upon full execution,with further 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 LetterAgreement for Legal Services on a Contingent Fee Basis between
the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld
County, on behalf of the County Attorney's Office, and Noble Energy, Inc. be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said letter agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
�� •'� E ILa WELD COUNTY, COLORADO
ATTEST: 12,4 ti♦� < �'� `�
William H. J ke, Chair
Weld County Clerk to t
BY:� • eile,ppro- em
r 1 ��.r✓ , \ f1 ,
puty lerk to t Board
Dcn
ED AS TO,. M:
Robert D. Masden
County Attorney EXCUSED
�,� Glenn Vaad
Date of signature: Jf_'PlES
2005-2824
BC0035
t•O CA- / 6_r tyq iD-OS
LAW OFFICES
OF
GEORGE A. BARTON, P.C.
800 West 47th Street, Suite 700
Kansas City,Missouri 64112
(816)300-6255 SEP ' 6`
Facsimile:(816)300-6259 w 20115
GEORGE A. BARTON • 6
DIRECT DIAL. (816)300-6250 r RNEY g N�ICE
September 14, 2005
Mr. Lee Morrison
Assistant County Attorney
The Weld County Board of Commissioners Office
P.O. Box 758
Greeley, CO 80632
Re: Weld County Board of Commissioners Royalty Underpayment Claim Against
Noble Energy, Inc.
Dear Mr. Morrison:
I am enclosing the revised contingent fee letter agreement as discussed at our meeting on
Tuesday, September 13th
As soon as the Weld County Board of Commissioners grants approval, please return the
executed contingent fee letter agreement to me in the enclosed self-addressed prepaid envelope.
Should you have any questions, please contact me at my direct dial number of 816/300-
6250.
Yours ve truly,
eorge A. Barton
GAB/laa
Enclosures
cc: Chuck Carpenter(w/encls.)
LAW OFFICES CHARLES CARPENTER
OF
GEORGE A. BARTON, .C. Sherman
Attorney at Law
1775 Sherman Street, Suite 2550
800 West 47th Street,Suite 700 Denver,Colorado 80203
Kansas City,Missouri 64112 (303)831-1745
(816)300-6250 Facsimile: (303)839-9318
Facsimile:(816)300-6259
September 14,2005
The Weld County Board of Commissioners
Attn: Mr. Lee Morrison
Assistant County Attorney
P.O. Box 758
Greeley, CO 80632
Re: Agreement for Legal Services on a Contingent Fee Basis
Dear Mr. Morrison:
This letter will set forth the terms and conditions upon which the Law Offices of George A.
Barton, P. C. and Charles Carpenter, Attorney at Law (collectively referred to herein as "Attorneys") will
provide legal services to Weld County Board of Commissioners ("Client") in connection with Client's
claims for damages and other relief which Client has against Noble Energy, Inc., successor in interest to
Patina Oil& Gas Corporation("Patina")relating to Patina's alleged royalty underpayments on natural gas
production under certain agreements pursuant to which Client is entitled to be paid royalties.
Attorneys agree to provide legal services in the representation of Client, which may include
initiating litigation against Noble Energy in Denver District Court, in which claims would be asserted on
behalf of Client and other royalty owners against Noble Energy to recover royalty underpayments, and to
obtain a declaratory judgment regarding the proper method for calculating future royalties. Client
acknowledges that Attorneys will be representing other similar situated royalty owners in the pursuit of
claims against Noble Energy, and Client consent to such multiple representation.
Attorneys and Client agree that Attorneys will represent Client on a contingent fee basis, and that
Attorneys' contingent fee shall equal 33.33% of the net recovery obtained on behalf of Client, whether by
judgment or settlement.
Out-of-pocket expenses include all expenses that are incurred in connection with the handling of
Client's case, including filing fees, service fees, photocopying expenses, telephone expenses, deposition
transcripts, fees and expenses of experts, investigator fees and expenses, mailing expenses, travel
expenses, and any other out-of-pocket expenses incurred in the prosecution of Client's claim against
Patina.
Client will be responsible to Attorneys for Client's proportionate share of out-of-pocket expenses
that are incurred by Attorneys. Attorneys will send Client periodic statements of out-of-pocket expenses
incurred, and will bill Client for Client's proportionate share of those expenses. Until a recovery is
obtained for Client, or the case is otherwise resolved, out-of-pocket expenses will be prorated among the
clients whom Attorneys represent by the following method. Each client will send Attorneys documents
reflecting royalties paid to each client by Patina for the six-month period of July 1, 2004 through
December 31, 2004. Attorneys will then determine each client's proportionate percentage of out-of-
pocket expense billings based on such royalty receipts for that six-month period, and will thereafter notify
all clients of their respective percentage shares of out-of-pocket expenses.
Client is only responsible for Client's proportionate share of the out-of-pocket expenses which
are incurred. It is expressly understood that Client will not be responsible for any out-of-pocket expense
amount that is in excess of $500.00, without Client's prior written consent. Client agrees to reimburse
Page 2
Attorneys for Client's share of out-of-pocket expenses within 30 days of receipt of an invoice for Client's
share of out-of-pocket expenses. Client will not be billed for any out-of-pocket expenses until after
January 1,2006.
If there is no recovery on behalf of Client, Client will not be responsible for paying any legal fees
to Attorneys. Client will be responsible for paying Client's proportionate share of out-of-pocket expenses
even if there is no recovery, but no part of the out-of-pocket expenses charged to Client will constitute
attorneys' fees.
Attached to this contingent fee letter agreement is a disclosure statement that Attorneys in
Colorado are required to issue to clients in connection with the execution of contingent fee agreements.
That disclosure is incorporated by reference herein.
This Agreement shall inure to, be for the benefit of, and is binding upon the successors and
assigns of the parties hereto.
Please acknowledge your agreement to and acceptance of the terms of this Letter Agreement by
signing in the space provided below, and returning an executed original or copy of this Letter Agreement
to the Law Offices of George A. Barton, P.C. in the enclosed prepaid envelope.
Very t yo s
G orge A. anon
LAW OFFICES OF GEORGE A. BARTON, P.C.
Charles Carpenter,Attorney at Law
The Weld County Board of Commissioners
Date: 9/21/2005
By: William H. Jerke, Chair SEp 9 1 ZOOS
ATTEST: ___Aug d
WELD COUNTY CLERK TO THE BOARD
BY: P*61, *Intl1
D UTY ERK TO T BOARD
o?cc5-aP y
DISCLOSURE STATEMENT
Type of Attorney Fee Agreements:
I have been informed and understand that there are several types of attorney fee arrangements:
(1)time based, (2) fixed or (3) contingent or(4) combinations of these types of fee arrangements.
"Time Based" means a fee that is determined by the amount of time involved such as so much
per hour, day or week "Fixed" means a fee that is based on an agreed amount regardless of the
time or effort involved or the result obtained. "Contingent" means a certain agreed percentage or
amount that is payable only upon attaining a recovery regardless of the time or effort involved. I
understand that not all attorneys offer all of these different types of fee arrangements, and I
acknowledge that I have the right to contact other attorneys to determine if they may provide
such other fee arrangements for my case or matter. After such consideration or consultation, I
have elected the fee arrangement set forth in the accompanying contingent fee agreement.
Specially Awarded Attorney Fees:
I have been informed and understand that the court or an arbitrator may sometimes award
attorney fees in addition to amount of recovery being claimed. I understand that the fee
agreement I enter into with my attorney should contain a provision as to how any specially
awarded attorney fees will be accounted for and handled.
Expenses:
I have been informed and understand that there may be expenses (aside from any attorney fees) in
pursuing my claim. Examples of such expenses are: fees payable to the court, the cost of serving
process, fees charged by expert witnesses, fees of investigators, fees of court reporters to take and
prepare transcripts of depositions, and expenses involved in preparing exhibits. I understand that
an attorney is required to provide me with an estimate of such expenses before I enter into an
attorney fee agreement and that my attorney fee agreement should include a provision as to how
and when such expenses will be paid. I understand that the fee agreement should tell me whether
a fee payable from the proceeds of the amount collected on my behalf will be based on the "net"
or "gross" recovery. "Net recovery" means the amount remaining after expenses and deductions.
"Gross recovery" means the total amount of the recovery before any deductions. The estimated
amount of the expenses to handle my case will be set forth in the contingent fee agreement.
The Potential of Costs and Attorney's Fees Being Awarded to the Opposing Party:
I have been informed and understand that a court or arbitrator sometimes awards costs and
attorney fees to the opposing party. I have been informed and understand that should that happen
in my case, I will be responsible to pay such award. I understand that the fee agreement I enter
into with my attorney should provide whether an award against me will be paid out of the
proceeds of any amount collected on my behalf. I also understand that the agreement should
provide whether the fee I am obligated to pay my attorney will be based on the amount of
recovery before or after payment of the awarded costs and attorney fees to an opposing party.
Associated Counsel:
I have been informed and understand that my attorney may sometimes hire another attorney to
assist in the handling of a case. That other attorney is called an "associated counsel." I
understand that the attorney fee agreement should tell me how the fees of associated counsel will
be handled.
Subrogation:
I have been informed and understand that other persons or entities may have a subrogation right
in what I recover in pursuing my claim. "Subrogation" means the right to be paid back. I
understand that the subrogation right may arise in various ways such as when an insurer or a
federal or state agency pays money to or on behalf of a claiming party like me in situations such
as medicare, medicaid, worker's compensation, medical/health insurance, no-fault insurance,
uninsured/underinsured motorist insurance, and property insurance situations. I understand that
sometimes a hospital, physician or an attorney will assert a "lien" (a priority right) on a claim
such as the one I am pursuing. Subrogation rights and liens need to be considered and provided
for in the fee agreement I reach with my attorney. The fee agreement should tell me whether the
subrogation right or lien is being paid by my attorney out of the proceeds of the recovery made
on my behalf and whether the fee I am obligated to pay my attorney will be based on the amount
of recovery before or after payment of the subrogation right or lien.
Alternative Attorney Compensation:
I have been informed and understand that if, after entering into a fee agreement with my attorney,
I terminate the employment of my attorney or my attorney justifiably withdraws, I may
nevertheless be obligated to pay may attorney for the work done by my attorney on my behalf.
The fee agreement should contain a provision stating how such alternative compensation, if any,
will be handled.
I acknowledge that I received a complete copy of this Disclosure Statement and read it this
day of August, 2002.
By:
2
ADDENDUM
to
Agreement for Legal Services on a Contingent Fee Basis
Dated September 15, 2005
The parties acknowledge that this engagement of Attorneys by Client is subject to the limitations
and requirements set forth in C.R.S. §13-17-301, et seq., and specify that an alternative hourly
rate of $1,000.00 per hour shall apply if the provisions hereof would result in attorneys' fees
exceeding such rate.
Page 1 of 1
Donna Bechler
From: Lee Morrison
Sent: Friday, September 23, 2005 3:37 PM
To: Donna Bechler
Cc: Bruce Barker; Don Warden
Subject: FW: Addendum Fee Agreement is attached
Attachments: ADDENDUM to Weld County Fee Ag.doc
Donna
Please have original executed and attach addendum QC
Lek D. MoonZso4.
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and
delete your copy of this message."
From: Carpenter [mailto:chcarpen@earthlink.com]
Sent: Thursday, September 22, 2005 2:03 PM
To: Lee Morrison
Subject: Addendum Fee Agreement is attached
You are authorized to attach this addendum to the referenced fee agreement executed by George Barton on
behalf of the Attorneys. Please mail the original executed agreement, with the Addendum attached, to Mr.
Barton's office. Welcome Aboard!
9/23/2005
Hello