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Home My WebLink About861468.tiff af _ - 4 d fir v f ` p _ i 1- t c .. 4" - }f • E . • ek i. ... 4, ,....:.:_;,...4.c.,. ,, } Ut . . 2 :: .1....., ;c i ..., . ......::‘1\:kk .- - r ;:ri• P./ ,,- I • q ' tiJ' f IC: 411121114 - II1 azig•"4 Z.... ...4402s,t ..c JR 1 WELD COMITY DEPARTMENT OF SOCIAL SERVICES FUND calk 7-h-p Ara STATEMENT OF RECEIPTS AND EXPENDITURES . r FOR MONTH OF November , 1986 ACTUAL . 1986 BUDGET CURRENT Dnnu YEAR TO DATE OF BUDGET CASII IV\IMCP. 1,515,608 1,286,752 185,827 aunt r1;nry TAX 29,514 2,084,150 2,138,001 97.48 COUNTY - OM'IIr:R TAXES 9,990 144,214 163,647 88.13 S'I7IE OF COUORADO RLxEIPrs: - - All) YU EE1'rz4D1111 c1IILDREN 2$7,124 • - 3,388,808 3,990,400 84.92 • AID TO TUC NEEDY DISN3LED 35,533 ' 348,265 368,000 94.54 IIEDIG\ID TRANSPORTATION 2,097 20,443 15,000 136.29 AID TO TIE BLIND 386 ' 5,239 6,400 81.86 OLD AGE PENSION • 181:854 1, 667,041 1,855,000 89.87 FOSTER GAPE • 157,060 _ 1,211,574 973,600 124.44 • DAY CARE • 30,966 300,303 336,000 89,38 ADMMISCRATION - RDSULAR 191,611 • - 1,907,380 2,357,702 80._.90 ADMINISTRATION - CHILD SUITOR' 66,933 258,216 279,300 92.45 ION INCOME ENERGY ASSISTANCE -0- 1,080,468 1,045,000 103.39 G. '101AL RECEIPTS 993,068 12,416,101 13,528,050 91_78 •1tYrAL AVAILA3LE 2,508,676 13,702,853 13,713,877 99.92 t.1�'17J jTUi' UP1::•S: AID '10 LEPrz) Tr CHILDREN 376,198 4,173,307 4,878,000 85.55 AID TO TM NEEDY DISABLED _ 45,323 ' ' 440,238 460/000 95.70. . GnIF.1111I, ASSISTANCE -1,852 84,428 98,000 86-15 t17oICllm TRANSPORTATION 1,581 ' •20960 15,000 139.73 / AID TD ME BLIND 483 ' 6,568 8,000 82.10 CIA) AGE PENSION 131,507' 1,568,631 1,855,000 84.56 Fo r:TER CARE OF CHILDRLN 146,246 1,472,717 1,327,000 110.98 1W! CARE 37,798 339,599' 420,000 80.86 • ADMINISIMTION - REGULAR 233.i 630 2,594,553 • • 3,023,050 85.83 All IINUSrrJTION-CIIILD-'SUPPOIc ' '42,798 - , • • 396,212 - 399,000 99.30 IOI1 INME ENERGY ASSISTANCE 17,527 - • 1,114,204 1,045,000 105_62 VIP-I, ERPCIDITURES 1,034,943 • - 12,211,417 - 13,528,050 30.27 • FEMA - NET REV & EXP 1 0 0 JOBS BILL-PL98-8 REV -0- . , . (17,702) -0- .I•MDINJ CALM BALANCE 1, 473,734 1,473,734 185,827 -0- • ` WELD COUNTY DEPARTMENT OF SOCIAL SERVICES MONTH or November , 1986 ASSISTANCE PAYMENTS DIVISION MONTHLY ' LtiEN>ITURES BALANCE O1' ACCOLNT ANNUAL BUDGET MONIBLY BUDGET ] F�ENDITURES TO DATE BUDGET W DATE AID W DEPENDENT CHILDREN AFDC ASSISTANCE 5,451,000 454,250 397,131 4,730,371 266,379 tr.ss CHILD SUPP. (500,000) (41,667) 4 (16,990) (507,113) 48,776 LESS REFUNDS (33,000) (2,750) 1 (1,761) (22,605) (7,645) mess FRAUD REF. (40,000) (3,333) (2,182) (27,346) (9,317) • NET 4,878,000 406,500 A 376,198 4,173, 307 298,193 AID TO THE NEEDY DISABLED AND - STATE 280,000 23,333 24,288 260,960 (4,297) AND - SSI 240,000 20,000 j 23,303 239 ,015 (19,015) Ires REFUNDS (60,000) (5,000) L2,268) (59,737 4,737 NEr 460,000 38,333 j 45,323 440,238 (18,575) GENERAL ASSISTANCE KIND & EOD — 25,000 2,083 i 1,294 12 030 10 883 DOMESTIC vioLENC : 40,000 3,333 -0- 40,000 (3,337) VISION czuzE 10,000 833 —0— 9,864 (701) , DISTAL CARE 8,000 667 191 8,000 (663) BURIALS —__ 11,000 917 —0— 11,135 (1,048) rrrornir xoN DRU : 4,000 _ 333 367 3,399 264 NET 98,000 8,166 r 1,852 84,428 5,398 MEDICAID TRINSPORTATION T•RA[NSPOITrATION 15,000 1,250 1 1,581 j 20,960 (7,210) _ AID TO THE BLIND ASSISTANCE 8,000 666 1 483 6,568 758 ' OLD AGE PENSION CLASS A 1,300,000 108,333 83,519 1,027,386 164,277 CLASS B 600,000 50,000 50,704 575,707 (25,707) Inc REFUNDS (45,000) (3,750)^• (2,716) (34,522) (6,728) NET _ 1,855,000 154,583 t 131,507 1,568•,571 131,842 ,I I A • VELD COUNTY DEPA22MENT OF SOCIAL SERVICES ROHM OF November , 1986 SOCIAL SERVICES DIVISION .MONTIU2 E7O?E'VDIT,rcrs BALANCE OF ACCOUNT ANNUAL BUDGET Jolts,Y BUDGET ExpaNDITuREs TO DAZE _ BUDGET TO DATE FOSTER CST€ _ EpS'TER CAPE 1,050,000 87,500 141,071 1, 350,964 (388,464) WS'SS REFUNDS MCXXXXXX{ X=C0c (12,340) (164,027) 164,027 SB-26 PROJECTS 277,000 23,083 17,515 285,780 (31,867) :1'c1 1,327,000 710,583 146,246 1,472,717 (256,304) DAY CARE INCOME ELIIRWFq 330,000 27,500 34,951 292,780 9,720 DAY CAS SPECIAL NEEDS 90,000 7,500 2,847 46, 819 35,681 N T 420,000 35,000 37,798 339,599 45,401 4 I WELD COUNTY DEPARTMENT OF SOCIAL SERVICES MONTH OF November ,1986 ADMINISTRATION • ACCOUNT ANNUAL BUDGETF MONTHLY EXPENDITURES BALANCE OF 1ONTHLY BUDGET EXPENDITURES TO DATE BUDGET TO �• a ' SALARIES 2,140,000 178,333 165,708 1,832,353 129 310 FICA 154,600 12,883 U. 488 • 132 450 9 263 RLTIRES>IIvr 118,900 9,9C:a8 9,252 98,791 10,197 II & L n;SURANCE 59,000 4,917 4,497 48,029 6,058 WRKT'EWS ODMP. 2,900 242 -0- -0- 2,662 1OI'AL: PERSONAL SERVICES 2,475,400 206,283 190,945 - 2,111,623 157,490 STAFF ATTORNEY 25,000 2,083 2,547 28,025 (5,112) COUNTY arIIoRNEY s OFFICE 12,000 1,000 1, 138 4,879 6,121 CHILD ABUSE R&E 21,750 1,812 1,812 17,798 2,134 AUDITING 8,000 667 -0- -0- 7,337 CHILD ABUSE OONSULTATION 3,000 250 120 3 462 1 CASE SERVICES 8,000 667 117 10,273 (2,936) IOTAL: CVNFRACT5 77,750 6,479 5,734 64 437 ( 6,832 (SASE 111,600 9,300 9,300 102,300 -0- UTILITIES 32,000 2,667 ' 3. 414 24 323 5 ' 14 '2USTODZAL SEIZV. 21,000 1,750 1 624 17 3 8 • ''' 13LUG-Ava ilr. E. REPAIR 18,000 J,500 862 5 856 '1FTA : 182,600 15,217 OFFICE SPACE 13,200 149,797 17,590 DATA PROCESSING 116,000 9,667 9,298 81,989 24,348 TRAVEL: MILEAGE 40,000 3,333 2,860 35,019 1,644 "TELEPHONE 30,000 2,500 3,625 63,084 (35,584) I'-'FAGS 40,000 3,333 1,904 36,249 414 OFFICE SUPPLTPS 32,000 2,667 4,476 31,536 (2,199) '\i$IURED CARE &SECURITY 6,800 567 453 5,419 818 RENT & LEASE: OF I• iarP 6,000 500 122 1,873 3,627 EQUIPMENT REPAIR 6,000 500 98 1,453 4,047 LQUIPMENT PURCHASED. 41 724 (724) ;UBSCRIPrIONS AND BOOKS 300 25 11 285 (1.3) IISCEU?NEOUS MOM . )00J0 -0- 454 (454) .-- RIVAL: JPERATRNG/TRAVEL 277,100 23,092 22,8€8 258,085 (4,073) •3iuIC1AI, EXAMS _ '•:UBLIC ASSISTANCE 10,200 850 '863 10,611 (1,261) ';RAND TOTAL 3,023,050 251,921 233,630 2,594,553 176,578 i WELD COUNTY IMPARTMENT OF SOCIAL SERVICES V NTH OF November , 1986 , ADMMISTRPTION - QUID SUPPORT (1V-D) ACCOUNT ANNUAL BUDGET NAY BLtz k T MONTHLY EXPENDITURE'S BALANCE OF znmam. E; '70 DP 'R TY:6-77' 'TO 1172^'F SALARIES 717,000 18,083 21,821 231,739 (32,826) FICA 15,500 1,292 1,503 16,601 (2,389) RLTIR�2r ENT 11,900 992 1,145 12,311 (1,399) HEALTH AND LITE INSURANCE 6,100 508 470 5,010 578 Gv rc≥≥'S C01e,' 200 17 -0- -0- 187 STAFF ATTOFY 2,800 233 • 283 3,079 (516) 071Y1fY ATTORNEY 71,000 5,917 11,72 5 49,572 15,515 OFFICE SPACE COST 16,800 1,400 1,325 15,657 (257) SERVICE OF PROC. 6,000 500 758 7,447 (1,947) PATERTITY TESTING 5,000 417 (332) 46 4,541 TELEPHONE 4,000 333 919 6,295 (2,632) OFFICE SUPPLIES 6,000 500 183 3,704 1,796 DATA PISSING 28,000 2,333 2,398 33,790 (8,127) TRAVEF, 1,500 125 13 5.86 789 POSTAGE 6,200 517 557 8,568 (2,881) REPAIRANAINT. OF EQUIPMENT 500 42 -0- 495 (33) BOOKS 200 16 -0- 147 29 EQUIP. PURCHASED }0400(0( `LDS( -0- -0- -0-- MEMBERSHIPS 300 25 30 490 (215) MISCELLANEOUS OLLLLL( }LLOLL{ -0-- 675 (675), I GRAND WTAL 399,000 33,250 42,798 396,212 ! (30 ,462) I I I t • i • II i WELD COUNTY DEPARTIENT OF SOCIAL S tVICE'S M)NTH OF November , . , 1986 • - CALENDAR YEAR 198 6 AD ISTRATION - .IOW INCOME ENERGY ASSISTANCE (LEAP) MONTRr.v E 'ENDI_'Gttb BALANCE E OF ACCOUNT ANNUAL BUDGET 240NS LY BUDGET mrninTTURES 'IODATE BIIDGET '10 DATE SMARMS 56,500 4,708 5,152 37,953 13,835 FICA 4,300 359 204 2,662 1,287 RETIMMILT 700 58 104 1,049 (411) I BEM r"H/LIrE INS. 100 , 8 35 363 1 (275) POSTAGE 3,500 292 -0- 1,677 I 1,535 OFFICE SUPPLIES 2,300 192 270 833 1,279 TELEPHONE 1,000 83 128 1,510 (597) TRAVEL 400 33 328 510 (147) EQUIPMPI' REPAIR , 200 ' 17 -0- -0- 187 EQUIPPlaiP PURCHASE }ff4C}OC XX= -o- -0- -0- DUTREAQi 1 1,000 83 5,882 18,549 (17,636) TOTAL 70,000 5,833 12,103 65,106 (243) a LEAP PROGRAMCCSTS PRDG8AA2 975,000 81,250 5,424 I 1,049,098 (155,348) I G A:CD, TOTAL 11,045,000 I 87,083 t 17,527 I 1, 114,204 I (156,291) I I , I I _ LOW INCOME ENERGY ASSISTANCE-PROGRAM MONTH OF November 1986 %., ' PROJECT YEAR 198€ - 198 7 EXPENDITURES ALLOCATION CURRENT MONTH YEAR-TO-DATE BALANCE TO DATE PROGRAM XXXXXXXX 5,424 5,324 XXXXX:XXX PROGRAM ADVANCE 32,500 470 470 32,030 CRISIS INTERVENTION 87,900 4,954 4,954 J 82,946 ADMINISTRATION 60,039 6;221 7,824 52,215 OUTREACH 19,225 5,882 5,882 13,343 TOTAL 199,664 17,527 19,130 PROGRAM BALANCE 180,534 ADMINISTRATION OUTREACH ACCOUNT CURRENT MONTH YEAR-TO-DATE CURRENT MONTH YEAR-TO-DATE SALARIES 5,152 6,245 4,746 4,746 FICA 204 282 297 297 RETIREMENT 104 164 -0- -0- , HEALTH & LIFE INS. 35 59 -0- -0- DATA PROCESSING —0— —0— —0— -0— POSTAGE —0— 215 839 d39 OFFICE SUPPLIES 270 303 -0- -0-- TELEPHONE .128 228 -0- -0- TRAVEL 328 328 -0- -0- ADVERTISING -0- -0- -0 -0- . EQUIPMENT PURCHASE -0- -0- -0- -0- EQUIPMENT RENTAL -0- -0- _0_ -0- 1 EQUIPMENT REPAIR —0— —0— TOTALS - 6,221 7,824 5,882 5,882 c Ttetysi .: STATE BOARD OF EQUALIZATION 41 189E Kell an D-Smith Chairman Don Eberle Vice Chairman Ted L Striddand President Of the Senate Cad B."Bey' Bkdtoe Speaker of the House ORGANIZATION: Colorado State Board of Equalization David mitier Designee ofpovemor Richard D. Lamm CONTACT: Mary Huddleston Nary Anne Maurer Property Tax Administrator 1313 Sherman St.. Room 623 Irarbxyyn • Denver, CO 80203 rn1L,J )i1 ,) .,rtl (303)866-2371 ( DEC 161986 • DATE: December 12, 1986 CRZELEY. COLO. CANCELLATION OF HEARING The State Board of Equalization (state board) was due to meet on Friday, December 19, 1986, at 9:00 a.m. in House Hearing Room 0112 ("Fr'), in the basement of the State Capitol , pursuant to 39-9-103(4) and (5), C.R.S. On July 10, 1986, Judge Leonard P. Plank, Denver District Court, issued an order in the case of Arapahoe County Board of Equalization vs the State Board of Equalization, 84CV9425, which order remanded to the state board the case of the Park Floral Company vs Arapahoe County Board of Equalization, State Board of Equalization Docket No. 7. The state board has been ordered by the court to determine whether it has jurisdiction to hear an appeal from a decision of the Board of Assessment Appeals, (B.A.A. Docket Nos. 4203 and 4204) . If the state board concludes that it does have jurisdiction, the court further ordered the state board '10 rule on the merits of the case. On Tuesday, December 9, 1986, Judge Plank agreed to withdraw his remand order of July 10, 1986, and to issue his decision on the above case in the near future. The hearing of the State Board of Equalization has, therefore, been cancelled. • MH:mrb sbehear 13 Sherman Street,623 Centennial Building, Denver,Colorado 80203,(303) 866-2371 L,j rr,-C! THE JThl INSURANCE COMPANIES P.O. BOX 441540•AURORA,COLORADO 80044 14.485 EAST EVANS DRIVE•AURORA,COLORADO 80014 303/368-8800 December 12, 1986 1 Board of County Commissioners ssioners b t r Weld County 915 10th St. Greeley, CO 80131 CPP . RE: Claim No FA 519965 DNCO Insured - Klausner, Inc. & James T. & Bruce Klausner, Individually Date/Accident.. .,7/7/86 Gentlemen: In compliance with C.R.S. 1973 24-10-109, as amended, notice is hereby given of an injury which occurred on 7/7/86 in Weld County. The name and address of the claimant is: western Fire Insurance Company P.O. Box 441540 Aurora, CO 80044 The basis of the claim involves a 1973 Ford truck which rolled over on Colorado Highway 52 on County Road 81 in the vicinity of Roggen, Colorado on 7/7/86 when the road bed gave way because there was not stabilizing road base mixture • applied when the road was repaired after an earlier flooding problem. The name and address of any public employee involved is not known. The amount of damages involved is $5,477.26_ A copy of our file will be provided to your general liability carrier upon re- quest. Please site our claim number. , Sincerely, der— Don Ott Claims Representative DO/skk cc: Citizens Insurance Agcy. Phil Bowles d h i THE WESTERN CASUALTY AND SURETY COMPANY • THE WESTERN FIRE INSURANCE COMPANY • THE WESTERN INDEMNITY COMPANY. ;NC. AGENDA WELD COUNTY COUNCIL JANUARY 15, 1987 • 7:30 p.m. �7� Centennial Center f Room 339 DEC 18'986 ! CREEL . COLO. ROLL CALL: Doris Williams Sid Morehouse Nels Nelson Norman Carlson Marion Richter MINUTES: Approval of minutes of December 11 , 1986 ADDITIONS TO AGENDA: Correspondence (marked by *) • APPOINTMENTS: Elected Officials Meeting of 2/9/87 • • • CORRESPONDENCE: Memo from Lou Ann Goodwin re: 1987 Meeting Schedules • Letters from Steve Yanoviak re: Performance Audits REPORTS: Review of Proposed Report to the People Elected Officials Meeting of 1/12/87 (Nelson) • R/B Advisory Committee Meeting of 1/14/87 (Williams) UNFINISHED BUSINESS: Commissioners' Response to Airport/Sheriff Performance Audit letters. NEW BUSINESS: Signing of Resolution Presentation of Plaques to Bill Rupp Introduction of New Members Election of New Officers Schedule Next Council Meeting (and all future meetings) Payment of Bills: Mileage for Doris Williams . . . . . $44.00 Mileage for Nels Nelson. . . . . . 16.80 Mileage for Sid Morehouse 22.40 PUBLIC COMMENTS: ADJOURNMENT: ACr 8b • WELD COUNTY COUNCIL DECEMBER 19, 1986 P.O. BOX 758 GR€ELEY, CO 80632 356-4000, Ext. 4780 NEWS RELEASE The Weld County Council will meet in regular session on Thursday,. January 15, 1987 in Greeley. The Council will review the proposed Report to the People and the Commissioners' response to the performance audit letters from Management Advisors, Inc. Bill Rupp will be presented with plaques honoring his service on the County Council, and his presidential term with the Council . New members will be introduced, and there will be an election of new officers. The meeting, which begins at 7:30 p.m., will be held in the Council Chambers of the Centennial Center, Room 339, 915 10th Street, Greeley. The public is invited to attend. -30- WED MUM cs' '1GOkERS 13EC 181 ;1; 11 jj GREELEY.COLO. ap rtVtG 1a-aa-g‘ 1 SSINS No.: 5835 IN 86-100 F?+e UNITED. STATES r NUCLEAR REGULATORY COMMISSION = � OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, DC 20555 r; DEC 1 C,� December 12, 1986 cora- _ IE INFORMATION NOTICE NO. 86-100: LOSS OF OFFSITE POWER TO VITAL BUSES AT SALEM.2 Addressees: • All holders of an operating license or a construction permit for pressurized- water reactors (PWRs) or boiling-water reactors (BWRs). Purpose: This notice is intended to alert licensees of an event that occurred at Unit of the Salem Nuclear Generating Station after loads had been added to vital and nonvital buses without performing adequate dynamic analyses. The event resulted in actuation of relays that provide undervoltage protection for equipment and detect loss of power to vital AC power buses, multiple transfers of vital buses from one station power transformer (SPT) to another, operation of reactor coolant pumps without cooling of their thermal barriers and motor bearings, reliance on natural convection to cool the reactor core, and repeated opening of a pressurizer relief valve. It is 'expected that recipients review this notice for applicability to their reactor facilities and consider actions, i.f appropriate, to preclude occurrence of similar problems at their facilities. Suggestions contained in this notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: On August 26, while Unit 2 was operating at 100% of full power, an instrument technician inadvertently grounded Instrument Vital Bus C causing a voltage spike on the bus. The voltage spike generated spurious signals which indicated that pressure was low in two steam generators and that the circuit breaker for a reactor coolant pump was open. In response to the spurious circuit breaker signal, the reactor protection system tripped the reactor. The control system • then tripped the turbine and dumped steam to the condenser and the atmosphere. Spurious low steam generator pressure signals in conjunction with actual high steam flow signals caused a safety injection signal and safety injection. In response to the safety injection signal; .Diesel Generators A and C started. Diesel Generator B was out of service for maintenance. 8612090400 Pyd �T3 la-":29"S" IN 86-100 December 12, 1986 Page 2 of 4 Because of the turbine trip, the nonvital buses transferred automatically from the auxiliary power transformer to the station power transformers (SPTs) causing a transient decrease in voltage at the SPTs. In a 15-second time span, Vital Bus A transferred from SPT 22 to SPT 21 Fnd back again. Vital Bus B transferred from SPT 21 to SPT 22, and Vital Bus C transferred from SPT 22 to SPT 21. At the end of that time span, two of the vital buses satisfied the "blackout" logic, and a station "blackout" signal was generated although offsite power to the station was normal The station "blackout" logic generates a "blackout" signal if 2 of 3 vital 4160 VAC buses are below 91% of rated voltage for more than 13 seconds. The station "blackout" signal automatically disconnected the vital buses from the SPTs, shed vital bus loads, connected the vital buses to the diesel generators, and then sequenced safety-related loads onto the vital buses. The reactor coolant pumps ran throughout the undervoltage transient. By.design, power to the component cooling water pumps, which are on the vital buses, was not restored automatically because the reactor coolant pumps would not be oper- ating during a valid station blackout. With the component cooling water pumps stopped, the thermal barriers and motor bearings for the reactor coolant pumps were not being cooled. In accordance with procedures and training, the. operators secured the reactor coolant pumps within 5 minutes to avoid damage to the pumps and established natural circulation through the reactor core. After the reactor coolant pumps were stopped, a power-operated relief valve on the pressurizer opened and closed repeatedly to relieve pressure in the reactor coolant. system. The pressurizer safety valves were not challenged: In accordance with emergency procedures, the safety injection signal was reset after its cause was determined, component cooling water pumps were restarted, safety injection was terminated, and Vital Bus B was reconnected to the SPY. Within an hour of trip, two reactor coolant pumps were .operating and normal control of pressure in the reactor coolant system had.been established.. Within the next -hour, the other vital buses were reconnected to the SPTs, and the diesel generators were secured. Four hours after trip, the unit was stable; and in hot - standby. Discussion: The Salem plant has two reactor units. Each unit (see Figure 1) has four 4.16 kV nonvital (group) buses that supply power to those components that are required for normal operation of the power plant and are not required during recovery from an accident. Loads on these buses include the reactor coolant pumps. The nonvital buses can be supplied with power from either (a) the reactor via the turbine gen- erator and the auxiliary power transformer or (b) offsite via a pair of 13.8-4.16 kV SPTs. Two nonvital buses are normally supplied by each SPT. Nonvital buses for the other reactor unit are supplied by another pair of SPTs'. - The usual plant practice was to supply power to the. nonvital buses from the auxiliary power transformer. Therefore, turbine trips- caused the- nonvital buses;to transfer. automatically from the auxiliary power transformer to.the SPTs. Block loading the SPTs in this alignment caused temporary degradation of voltage. IN 86-100 • December 12, 1986 Page 3 of 4 Each unit has three 4.16 kV vital buses that supply power to safety-related loads. Each vital bus is supplied by one of the .SPTs. If voltage for a vital bus drops below 91% for 10.5 seconds, an undervoltage transfer signal is generated. The bus automatically disconnects from the SPT that is supplying power to it and connects to the other SPT. If voltage for two of the three vital buses drops below 91% for 13 seconds, then a station "blackout" signal is generated for the unit, the vital buses are automatically disconnected from the SPTs, loads are shed from the.vital buses, the diesel, generators are started, and loads are sequenced onto the diesel generators via the vital .buses. The undervoltage • transfer and station blackout:signals are provided by sets of relays with time • delays. If voltage drops below 70%, other undervoltage relays instantaneously • initiate a station blackout signal. Before the event and after the last dynamic analysis of SPT loads, the licensee added 8200 and 2200 kVA to SPTs 21 and 22, which normally supply Unit 2, and 3200 and 2200 kVA to SPTs 11 and 12, which normally supply Unit 1. Each of these changes includes 800 kVA added to vital buses, with the remaining loads added to the nonvital buses. The additional loads on the nonvital buses include condensate, heater drain, and circulating water pumps, which were installed to improve the performance of the plant. Further, to facilitate repairs to the Unit 1 auxiliary power transformer, a Unit 1 condensate pump was temporarily 1 connected to a Unit 2 nonvital bus that transfers to SPT 21 on turbine trip. The static effects of these loads on the performance of the buses had been determined, but the dynamic effects had not. When the turbine for Unit 2 tr?Peed; the heavily loaded nonvital buses were transferred without sequencing from the auxiliary power transformer to the SPTs. The SPTs were unable to maintain rated voltage and a voltage transient resulted. The last dynamic analysis of SPT loads was performed in 1980. Before restart of Unit 2 after the recent event, the licensee reduced the loads on the SPTs consist- ent with that analysis, revised operating procedures based on this reduction in available equipment, and decided not to supply power to the nonvital buses from the auxiliary power transformer. Similar changes were made for Unit 1. Further, Unit 1 was derated to 85% of full power and Unit 2 to 80%. To determine the cause of the multiple vital bus transfers from SPT to SPT and to provide a basis f for corrective action, the licensee has initiated a comprehensive design review of the electrical distribution system for the plant, including review of transients and analysis of the vital bus undervoltage transfer and station blackout relaying schemes. Three concerns result from this event: (1) adding loads to vital and nonvital buses without performing a dynamic analysis of their effect on the buses and power supplies (2) hunting by nonvital buses for a source of adequate power during an undervoltage condition (3) the consequences-of generating a blackout signal when in fact there is no blackout, e.g., operation of the reactor coolant pumps without component cooling water 1 IN 86-100 December 12, 1926 Page 4 of 4 This notice requires no specific action or written response. If you have any questions regarding this matter, please contact the Regional Administrator. of • • the appropriate regional office or this office. LiJordan,, Director Divisio of Emergency Preparedness and `E gineering Response Office of Inspection and Enforcement Technical Contacts: Lee H. Bettenhausen, RI (215) 337-5291 Roger W. Woodruff, IE (301) 492-7205 Attachments: 1. Salem Electrical Distribution 2. List of Recently Issued IE Information Notices 1 Attachment 1 IN 86-100 December 12, 1986 tt .-.} . ut C [ S • • a w -40 1. ' • • 1-> n nt Ca 0- Ca 1 43 �^ _, ,... 0 Z z._ g ° Boa • d zpj r� n • Lial ill a 0 co CO o Q a n ,, a_el > G d co cc 3 al 3�. C1m oert CC O F w actin 1-O 3 Attachment 2 IN 86-100 December 12, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES information Date of Notice No. Subject Issue Issued to 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an 01 or CP 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation an OL or CP Program- For N Stamp Holders 86-98 Offste Medical Services 12/2/86 All power reactor facilities holding an 01 or CP 86-97 - Emergency Communications 11/28/86 All power reactor System facilities holding an OL or CP and fuel facilities 86-96 Heat Exchanger Fouling Can 11/20/86 All power reactor Cause Inadequate Operability facilities holding Of Service Water Systems an 01 or CP 86-95 Leak Testing Iodine-125 11/14/86 All NRC licensees Sealed Sources In Lixi, Inc. authorized to use Imaging Devices and Bone Lixi, Inc. imaging Mineral Analyzers devices 86-94 Hilti Contrete Expansion 11/6/86 All power reactor Anchor Bolts facilities holding an OL or CP 86-93 IEB 85-03 Evaluation Of 11/3/86 All power reactor Motor-Operators Identifies facilities holding Improper Torque Switch an OL or CP Settings 86-82 Failures Of Scram Discharge 11/4/86 All power reactor Rev. 1 Volume Vent And Drain Valves facilities holding an DL or CP 86-92 Pressurizer Safety Valve 13/4186 All PWR facilities Reliability holding an OL or CP OL = Operating License CP = Construction Permit SSINS No. : 6835 IN 86-101 UNITED STATES F „ NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT �, s • - WASHINGTON, DC 20555 fie December 12, 1986 i cDEC�,9 )J1IE INFORMATION NOTICE NO. 86-101: LOSS OF DECAY HEAT REMOVALUE t iftl OFj FLUID LEVELS IN REACTOR COOLANT SYSTEM Addressees: All holders of an operating license or a construction permit for pressurized- water reactor (PWR) facilities. Purpose: This notice is intended to advise licensees of continuing problems during PWR outages with procedures and instrumentation for control of wate? level in reactor vessels when reactor coolant systems (RCSs) are partially drained for maintenance. These problems have resulted in temporary loss of decay heat removal. It is expected that recipients will review this information for applicability to their reactor facilities and consider actions, if appropriate, to preclude occurrence of similar problems. Suggestions contained in this notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: A typical PWR has a decay heat removal system with two redundant trains. Generally, both trains take suction from the same RCS hot leg, and the connecting piping is attached to either the bottom or a lower quadrant of the hot leg. b During certain maintenance activities, the water level in the reactor vessel must be lowered below the tops of the nozzles which connect the hot legs to the reactor vessel. Lowering the level too far can cause vortexing in the hot leg at the suction nozzle for the decay heat removal system, air entrainment in the water flowing to the operating decay heat removal pump, and air binding of the pump. If the other pump is started, it too is likely to become air bound. Consequently, all decay heat removal is lost until the water level in the reactor vessel and hence in the hot leg piping is raised and the decay heat removal pumps are vented and restarted. During outages in the last year and half, decay heat removal pumps at several PWRs lost suction because of vortexing. Four of these events are described in Attachment 1 to this information notice. Deficiencies which contributed to the events include: (1) lack of operator knowledge about the correlation between water level and pump speed at the onset of vortexing and air entrainment 8612090402 �a-aa- IN 86-101 • December 12, 1986 Page 2 of 2 (2) operating procedures that did not adequately consider vortexing and air entrainment (3) reactor vessel water level instrumentation which was erratic or inaccurate, did not have adequate range, was not checked adequately before use, or was not monitored as frequently as necessary during use During one of these events, local boiling of reactor coolant and some release of radioactive contamination to containment did occur. Discussion: In the aggregate, licensees involved in the events described in Attachment 1 have taken certain actions. These actions include additional operator training, improvement of instrumentation for monitoring water level in the reactor when the level has been lowered for maintenance, addressing in operating procedures the relationship between water level and flow rate for the onset of vortexing and air entrainment, and requiring in operating procedures that the performance of water level instrumentation be checked before water level is lowered. The nuclear industry has been previously made aware of this problem. IE Infor- mation Notice 81-09 described an event that occurred at Seaver Valley Unit in March 1981. Further, the Nuclear Safety Analysis Center operated by the Electric Power Research Institute published NSAC-52 in January 1983. This report provides information on 12 PWR events which occurred from 1977 through 1981 and which resulted in the loss of capability to remove decay heat because of reduction of water inventory in the RCS. Case Study Report AEOD/C503 issued in December 1985 by NRC's Office of Analysis and Evaluation of Operating Data presents similar information from 1976 through 1984. That case study indicates that there were 32 events during that period including 6 in 1984. Although these reports are available to the industry, significant events continue to occur. This notice requires no specific action or written response. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate regional office or this office. and Jordan, Director Divisi of Emergency Preparedness and _ngineering Response Office of Inspection and Enforcement Technical Contact: Roger W. Woodruff, IE (301) 492-7205 Attachments: 1. Loss of RHR events at PWRs 2. List of Recently Issued IE Information Notices rl Attachment 1 IN 86-101 December 12, 1986 Page 3 of 4 For Zion 2, the suction lines to the RHR pumps connect to a horizontal run of RCS hot leg piping. The nozzles for the suction lines are located on the underside of the the hot leg piping and at a 45° angle from the bottom of the line. The internal diameter of the hot legs is 29 inches, and the internal diameter of the suction lines is 11 inches. When reactor water level falls approximately 5.5 inches below the centerline of the hot leg, uncovering of the RHR nozzle commences, and when the water level falls below approximately 13.5 inches below the centerline, the RHR nozzle is completely uncovered. During the event of December 14, 1985, vortexing started with water level at 6 inches above the centerline with RHR flow at 3000 gpm. A 10-inch line returns water from the RHR system to the RCS and is connected to the top of one of the RCS cold legs. The water level sensing line for the refueling water level transmitter is connected to a 4-inch line which is connected to the same cold leg. Both nozzles are in the same vertical plane. The 4-inch nozzle is located at 90° with respect to the 10-inch nozzle. When the cold leg is partially filled as it was during this event, water from the RHR return line impinges with appreciable force on the water surface close to the nozzle for the 4-inch line. Because of possible dynamic effects of this impingement, the operators believe that water level readings from the refueling water level transmitter are inaccurate and erratic when the water level in the reactor vessel is low. Furthermore, when the water level in the reactor vessel is anywhere below the nomiral midpoint of the cold leg, the refueling water level instrument will indicate erroneously that the water level is at the midpoint. Notwithstanding these problems with the refueling water level instrumentation, the tygon standpipe was not being continuously monitored while the water level was low. Further, the operator did not know the correlation of RHR flow rate and the water level for the onset of vortexing at the suction of the RHR pumps. Sequoyah 1 On October 9, 1985, Sequoyah 1, a Westinghouse designed reactor, was in cold shutdown with the water level in the reactor vessel 4 inches below the centers of the hot leg nozzles, RHR Train B in service for removal of decay heat, and normal letdown and makeup out of service. The water level in the reactor vessel had been lowered to facilitate plugging and eddy current testing of tubes in a steam generator. During an evolution to put Train A in service, RHR Pump A was started and then Pump B was secured. Running both pumps simultaneously with low reactor vessel water level caused initiation of vortexing and air binding in Pump A. The pump was secured immediately, Pump B was restarted, and it operated normally. The alignment of Train A was verified and the pump was vented. Pump B was secured, and Pump A was restarted, became air bound, and was again secured. Pump B was restarted, but this time it became air bound and was secured immediately. After verifying that personnel were out of the steam generator, the water level in the vessel was raised to the centerline of the hot legs by adding water to the RCS from the RWST. Approximately 43 minutes after loss of decay heat removal, Pump A was vented and returned to service. Pump B was vented, demonstrated to be, operable, and deenergized. Attachment 1 IN 86-101 December 12, 1986 Page 4 of 4 At Sequoyah 1, both RHR pumps take suction from the same hot leg (as they do at San Onofre 2, Zion 2, and Catawba 1). The water level in the hot leg was such that initially it would support operation of one RHR pump, but not both pumps. Starting the second pump without first securing the operating pump caused vortexing, air entrainment, and air binding of Pump A, which is apparently more sensitive to this problem than Pump B. The procedure for operating the RHR system with low water level in the reactor vessel did not adequately reflect the relationship between RHR flow rate and water level for the onset of vortexing in the suction line for the RHR pumps. Catawba 1 On April 22, 1985, Catawba 1, a Westinghouse designed reactor, was in cold shutdown with RHR Train A inoperable because of maintenance, and RHR Train B in service to remove decay heat. Although one RHR train was inoperable, the licensee started to lower the water level in the reactor vessel to facilitate RCS pump seal maintenance. While draining was in progress, erratic performance of RHR Pump B indicated that vortexing, air entrainment, and air binding were occurring. The pump was secured; a charging pump was aligned to take suction from the RWST; and the water level in the reactor vessel was raised. Approximately 81 minutes after the first indication of vortexing, RHR Pump 8 was vented and returned to service. Temperature of the RCS peaked at 177° F. For Catawba 1, the operating procedure for lowering water level in the reactor vessel does limit RHR flow as a function of level, apparently to preclude the onset of vortexing. However. the licensee believes that water level information obtained from inaccurate instrumentation contributed t^ complete loss of RHR flow. Further, the licensee incurred an increased risk of loss of RHR flow by lowering water level with one train of RHR cooling out of service. With the reactor in cold shutdown and the vessel partially drained, a limiting condition for operation in the Technical Specifications for Catawba 1 requires that one RHR train be operating and that the other be operable. Nevertheless, the operators concluded incorrectly that water level could be lowered if corrective action had been initiated to comply with the action statement for that limiting condition for operation. Attachment 1 IN 86-101 December 12, 1986 Page 1 of 4 LOSS OF RHR EVENTS AT PWRs San Onofre 2 On March 19, 1986, San Onofre 2, a Combustion Engineering designed reactor, was in cold shutdown and preparations were made to partially drain the RCS and perform maintenance in a steam generator channel head. Before initially draining the reactor vessel to the midpoint of the RCS hot and cold legs, wide- and narrow-range RCS level instruments were put in service by installing their temporary connections and calibrating them. Because their readiflgs oscillated when a portable RCS eductor for control of airborne radioactive contamination was operated, tygon tubing was installed temporarily to provide a sight gauge for monitoring RCS water level. Thus, three devices were available for monitoring water level in the system. On March 26, the water level in the reactor vessel was below the vessel flange, the RCS was vented to the containment atmosphere via incore detecter nozzles in the vessel head, a low-pressure safety injection (LPSI) pump was running to provide decay heat removal via the shutdown cooling system (SDCS), and a temporary dam was installed in the cold leg nozzle of the steam generator to facilitate maintenance which was to be performed on it. To permit repair of-the nozzle dam which had been leaking, the water level in the reactor vessel was being lowered to 17.5 inches above the bottom of the 42-inch diameter hot legs. One of the hot legs supplies water to the inlet side of the SECS. The nozzle for the connecting pipe to the SDCS is located on the bottom of that hot leg. While the water level was being lowered, a vortex formed on the suction 'side of LPSI Pump 16. The vortex entrained air causing the pump to become air bound, loss of SDCS flow, and thus loss of decay heat removal. To avoid damage to the pump, it was secured. The redundant pump, LPSI Pump 15, was started, and it too • became air bound and was secured. 'To again establish flow through the SDCS, the system was vented, and the water level in the reactor vessel was raised. Seventy minutes after the first indication of vortexing, decay heat removal was again established when LPSI Pump 16 was returned to service. During the time that • decay heat removal was lost, the hot leg temperature increased from 114° F to 210° F, and local boiling occurred in the reactor core. Steam and 2 curies of radionuclides were released to containment. The wide- and narrow-range level instruments are connected to taps on the RCS hot leg drain line and on the pressurizer. Instrument zero for the narrow- range instrument is at the level of the bottom of the hot leg, and its range is from zero to +42 inches, i.e. , the top of the hot leg. Instrument zero for the wide-range instrument is at the reactor vessel flange, and its range is from -120 inches (or 19.5 inches below the bottom of the inside surface of the hot leg) to +300 inches. The operators distrust these two instruments because their readings oscillate when the RCS eductor is operating and because low points in flexible tubing at the upper pressure tap collect condensate. Attachment 1 IN 86-101 December 12, 1986 Page 2 of 4 The RCS eductor is a portable device which is temporarily installed by maintenance personnel when the RCS is opened for repair work. The eductor takes suction on the airspace above the reactor coolant surface and discharges to the containment purge system. Its function is to minimize the exposure of maintenance personnel to airborne radioactive contamination. While installing and filling the tygon tubing, an air bubble was inadvertently trapped in the tubing causing it to read high by 10.5 inches. Further, the reference scale for the tubing was displaced by 2.5 inches in the upward direction causing a total error of 13 inches on the high side. The operators were relying on this device while reactor water level was being lowered. The licensee intended to lower the level to 17.5 inches above the SDCS nozzle; however, the level was actually being lowered to 4.5 inches above the SDCS nozzle. After the level reached 9.5 inches, vortexing started. Although, the operator did not have confidence in the narrow range instrument, its reading was approximately correct at that time. The operator did not have at hand a formal correlation of the potential for vortexing as a function of water level and SDCS flow rate. lack of knowledge about the performance of the system at low water levels and unreliable instrumentation for monitoring water level were the principal causes of this event. Zion 2 On December 10, 1985, Zion 2, a Westinghouse designed reactor, was in cold shutdown with the water level in the reactor vessel below the flange, the RCS vented to atmosphere, a residual heat removal (RHR) pump running to provide decay heat removal , and a charging pump running to provide makeup to the RCS. The water level in the reactor vessel had been lowered to facilitate repair of an RHR valve. A recorder in the control room.was connected to the refueling water level transmitter and was being used to monitor the water level in the reactor vessel. Between December 10 and 14, enough additional water was inadvertently removed or lost from the RCS to lower the water level in the vessel far enough to cause vortexing and air binding of RHR Pump B. Pump B was immediately secured. The redundant RHR pump was started, and it too became air bound and was secured. Because of anomalous performance of the refueling water level instrumentation, an operator entered containment to read the tygon standpipe that had been installed temporarily to monitor water level in the reactor vessel. The licensee concluded that suction to the RHR pumps had been lost and started to raise the water level in the reactor vessel. After level had increased 10 inches, an RHR pump was restarted, but had to be secured because it still had inadequate suction pressure. To provide pressure quickly and to increase level further, RHR suction was transferred from the RCS to the refueling water storage tank. The water level in the reactor vessel was raised an additional 2-1/2 feet. Approximately 75 minutes after loss of decay heat removal , RHR Pump B was vented and success- fully returned to service. RHR Pump A was vented, demonstrated to be operable,' and deenergized. The reactor had been shut down for approximately 100 days, and the increase in RCS temperature was 15° F. Attachment 2 IN 86-101 December 12, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 86-100 Loss Of Offsite Power To 12/12/86 All PWRs or BWRs Vital Buses At Salem 2 holding an OL or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an OL or CP 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation an OL or CP Program For N Stamp Holders 86-98 Offsite Medical Services 12/2/86 All power reactor facilities holding an OL or CP 86-97 Emergency Communications 11/28/86 All power reactor System facilities holding. an OL or CP and fuel facilities 86-96 Heat Exchanger Fouling Can 11/20/86 All power reactor Cause Inadequate Operability facilities holding Of Service Water Systems an OL or CP 86-95 Leak Testing Iodine-125 11/14/86 All NRC licensees Sealed Sources In Lixi, Inc. authorized to use Imaging Devices and Bone Lixi, Inc. imaging. Mineral Analyzers devices . 86-94 Hilti Contrete Expansion 11./6/86 All power reactor Anchor Bolts facilities holding an OL or CP 86-93 IEB 85-03 Evaluation Of 11/3/86 All power reactor Motor-Operators Identifies facilities holding Improper Torque Switch an OL or CP Settings 86-82 Failures Of Scram Discharge 11/4/86 All power reactor Rev. 1 Volume Vent And Drain Valves facilities holding - an OL or CP" 4L = .Operatinglicense CP = Construction Permit UNITED STATES FIRST CLASS OW. NUCLEAR REGULATORY COMMISSION roar•aei;anPAW WASHINGTON, D.C. 20555 MIMIC wAW:0 peltIer OFFICIAL BUSINESS PENALTY FOR PRIVATE USE,$300 2$0632006315 1 1CO1CY1FBY1M1 COUNTY OF WELD SD OF COUNTY COMMISSIONERS CHAIRMAN PO BOX758 GREELEY CO '- 80632 SSINS No.: 6835 IN 86-102 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, DC 20555 December 15, 1986 IE INFORMATION NOTICE NO. 86-102: REPEATED MULTIPLE FAILURES OF STEAM GENERATOR HYDRAULIC SNUBBERS DUE TO • CONTROL VALVE SENSITIVITY Addressees: All nuclear power reactor facilities holding an operating license or a con- struction permit. Purpose: This notice is provided to alert recipients of a potentially significant safety problem pertaining to recent events in which the steam generator hydraulic snubbers failed to meet their bleed and lockup specifications at two consecu- tive refueling outages. The primary cause appears to be control valve sensi- tivity to low hydraulic fluid flow velocity. It is expected that recipients will review the information for applicability to their facilities. However, suggestions contained in this notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: On January 7, 1986, the Portland General Electric Company reported [Licensee Event Report (LER) 85-13] multiple snubbers which failed to meet their bleed and lockup specifications at its Trojan Nuclear Plant. The report, and its supplement dated April 1, 1986, identified three areas of multiple snubber failures that were discovered during the 1985 refueling outage that began in May, 1985. These snubber failures were discovered as a direct result of the expanded inservice testing program which was instituted in accordance with a recent change to the plant's technical specifications. The prior inservice inspection program had not required the testing of these snubbers. The 16 steam generator hydraulic snubbers at Trojan are 900-Kip Anker-Holth units. Following the failure of the first 2 steam generator snubbers to meet their bleed and lockup specifications, the remaining 14 were declared inopera- ble because of uncertainty regarding the time required to rebuild the snubbers following testing. All the snubbers were removed and overhauled. During the overhaul, the snubber seals were found to be degraded and the hydraulic fluid was heavily contaminated with seal material and rust. However, as discussed below, this was not the primary cause of the problem detected during:the subsequent 1986 outage. 8612100135 IN 86-102 December 15, 1.986 Page 2 of 4 An engineering evaluation of the effect of the failed snubbers on the steam generators was not initiated during the 1985 refueling outage because of the belief that they would not have restricted normal thermal growth. This deci- sion was based on the snubber-testing company's judgment that the foreign material in the hydraulic fluid would not have affected the normal operation of the snubbers because of the relatively large channels through which fluid would flow under thermal growth conditions. However, in the case of a seismic or other severe dynamic event it was determined that the snubbers would have activated (i.e. , locked up*) and the foreign material could have blocked the bleed orifice. Because of the manner in which the snubber control valves are hydraulically interconnected, it is the licensee's belief that this would have to occur to all four snubbers on one steam generator before they would become locked in their current position.** They would remain in this position until a load reversal allowed flow through the main valves or possibly cleared the bleed port in at least one snubber. The revised technical specifications for testing the snubbers required testing of each snubber that had failed its test during the previous testing program. Therefore, the 16 steam generator hydraulic snubbers were again tested during the refueling outage that began in April, 1986. The results of this testing indicated 12 failures--4 with excessive drag, 4 with high bleed rates at faulted load, 2 with no bleed rate at faulted load, .1 with excessive drag and high bleed rate, and 1 with high bleed in compression and no bleed in tension. The snubbers with no bleed rate cleared themselves upon load reversal. There also was an issue of unusual movements of the pressurizer surge line that was thought for a while to be related to the snubber problems. This is dis- cussed in Attachment 1. Discussion: As a part of its corrective actions .during the 1985 refueling outage, the licensee had all the steam generator snubbers overhauled. Following overhaul, the snubbers could not meet their safety analysis acceptance criteria of a *Note. Common snubber nomenclature uses the term "lock up" to refer to (1) that point where the main flow path is closed and all flow is forced through the bleed orifice and (2) the condition where all flow is stopped and the snubber becomes a rigid strut. To eliminate any possibility for confusion between the two meanings, the term "activated" will be used for the first definition. ** In their safety evaluation report (Steven A. Varga's May 30, 1986, letter to Bart Withers) the Office of Nuclear Reactor Regulation staff concluded that ". ..the likelihood of full thermal lock-up occurring would require that the various contributing factors would have to affect three or four of the hydraulic snubbers on a single steam generator_" IN 86-102 December 15, 1986 • Page 3 of 4 maximum drag force of 1,000 pounds at a minimum displacement rate of 0.025 in-/min. This was because the snubber activated each time the velocity approached 0.025 in./min. Following consultation with the reactor vendor, the acceptance criteria was revised and the snubbers tested satisfactorily. Because of the reoccurring snubber failures identified during the 1986 refuel- ing outage, the licensee contracted for a detailed root cause analysis of the snubber failures. This analysis indicated that the low activation velocity (0.025 in./min) of the steam generator snubbers caused them to activate at very low fluid velocity through the main flow port. Once the snubber had activated, all flow was forced through the bleed port. Because of its extremely small size, this port acted much like a fine sieve. Apparently the first particle of foreign material would block the port causing the snubber to lock up. Thus, although contamination of the hydraulic fluid was a contributor to the problem, it was not the primary cause. Based on this root cause analysis, the licensee decided to continue with its previously made plan to change out the control valves on the steam generator snubbers. The new snubber control valves have a much higher activation veloci- ty (6 to 9 in./min) which is still acceptably small compared with that expected during any significant seismic event. In addition, the new snubber control valves incorporate a widely used "self-cleaning" poppet valve design as opposed to the original spring-ball check valve design. In the new design, the bleed orifices are grooves on the main poppet valve. In this way, the bleed orifices tend to be self-cleaning whenever there is flow through the main poppet valve. • All of the Anker-Holth steam generator snubbers were initially designed with relatively low activation velocities. Therefore, they are suspected of having the same type of problems as encountered at Trojan. In addition to Trojan, three other utilities have modified their steam generator snubbers so that they have activation velocities in the 6 to 10 in./min range. However, since the root cause of the problem is the selection of an extremely low activation velocity, as opposed to a design flaw in the snubbers them- selves, the problem may not be limited to only the facilities having Anker-Holth snubbers. Attachment 2 to this information notice. describes other multiple snubber failures found at Trojan during the 1985 refueling outage. IN 86-102 December 15, 1986 Page 4 of 4 No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the Regional Administrator of the appropriate regional office or this office. Edward Jordan, Director Divisio of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement Technical Contact: Richard J. Kiessel , IE (301) 492-8119 Attachments: 1_ Pressurizer Surge. Line Movements 2. Other Multiple Snubber Failures , 3. List of Recently Issued IE Information Notices e Attachment I IN 86-102 December 15, 1986 Page 1 of 1 Pressurizer Surge Line Movements In what had been (until midway through the 1985-86 fuel cycle) a separate issue, the licensee had been monitoring the unusual movements of the pressur- izer surge line since 1982. A walk-down of this line at the beginning of the 1985 refueling outage revealed additional movement had occurred during the last fuel cycle. A consultant was hired to evaluate and analyze these movements, and had determined that none of the previously identified potential causes, whether singly or combined, could have produced the observed movement. Howev- er, when he was advised of the possible problems with the steam generator snubbers, his worst case analysis (i.e. , all snubbers on one steam generator were locked-up) indicated that locked-up snubbers could have produced the observed movement. This discovery delayed the submittal of LER 85-13, which was being prepared at the time. Testing associated with the root cause analysis demonstrated that the snubbers on a particular steam generator would not restrict growth of that loop unless all four snubbers lock-up because the snubber hydraulic lines were connected in parallel. In addition, based on the results of the thermal expansion monitor- ing program conducted during the startup from the 1986 refueling outage, the licensee has determined that mat, if not all, of the observed movement of the pressurizer surge line is expected due to normal thermal transients experienced by this line during heatups and cooldowns. Based on these findings, the licensee further concluded that the most likely cause of the reactor coolant system thermal restraint was due solely to the inadequate size of the,gaps between system components and associated seismic or pipe whip restraints. 4 Attachment 2 IN 86-102 • December 15, 1986 range 1 of 1 Other Multiple Snubber Failures In addition to the steam generator hydraulic snubber failures, the Trojan LER identified two other areas of multiple snubber failures. Although not the subject of this information notice, they are briefly discussed to assist in identifying all the safety-related failures discussed in the LER. 1. The first additional area of multiple snubber failures was a 25 percent overall failure rate of small mechanical snubbers [Pacific Scientific.. models PSA-1/4 (36 percent failure rate) and PSA-1/2 (17..6 percent failure rate)). 2. The second additional area of multiple snubber failures involved the four main steam line hydraulic snubbers (two 70-Kip and. two 130-Kip Bergen-Paterson units). The snubbers were declared inoperable without testing upon discovery of the steam generator hydraulic snubber failures. Additional discussions of multiple snubber failures can be found in IE Informa- tion Notice 84-67, "Recent Snubber Inservice Testing-with High Failure Rates," LER 84-079 for San Onofre Nuclear Generating Station.Unit 21 (dated January 25, 1985, and revised March 12, 1985), and LER 85027 for San Onofre Nuclear Generating Station Unit 3 (dated May .16, 1985); Attachment 3 IN 86-102 • December 15, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 86-101 Loss Of Decay Heat Removal 12/12/86 All PWR facilities Due To Loss Of Fluid Levels holding an OL or CP In Reactor Coolant System 86-100 Loss Of 0ffsite Power To 12/12/86 All PWRs or BWRs Vital Buses At Salem 2 holding an CL or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an OL or CP 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation .an OL or CP Program For N Stamp Holders 86-98 Offsite Medical Services 12/2/86. All power reactor facilities holding an 01 or CP 86-97 Emergency Communications 11/28/86 All power reactor System facilities holding • an OL or CP and fuel facilities 86-96 Heat Exchanger Fouling Can 11/20/86 All power reactor Cause Inadequate Operability facilities holding Of Service Water Systems an OL or CP 86-95 Leak Testing Iodine-125 11/14/86 All NRC licensees Sealed Sources In Lixi, Inc. authorized to use Imaging Devices and Bone Lixi, Inc. imaging • Mineral Analyzers devices 86-94 Hilti Contrete Expansion 11/6/86 All power reactor Anchor Bolts • facilities holding an OL or CP 86-93 IEB 85-03 Evaluation Of 11/3/86 All power reactor Motor-Operators Identifies facilities holding Improper Torque Switch an OL or CP Settings DL.= Operating License. CP.= Construction .Permit' +!� Ifr UNITED STATES o { NUCLEAR REGULATORYCOMMISSION (4)F ; WASHINGTON,O.C.20666 '4 .'.rJ 1986 .r December lI, •No. c.50-267 < r � ~j' 9.1CAE15 'it Docket. -fr-- = _ S, , MEMORANDUM FOR H. Denton R. W.' Houston st- • R. Vollmer D. Crutchfield y.. °'• ' J. Lyons E. Rossi " � H. Thompson G. Lainas F. Miraglia '. T. Speis R. Bernero W. Russell G. Holahan F. Schroeder T. Novak THRU: Oliver D. T. Lynch, Jr., Section Leader Standardization & Special"Projects Directorate Division of PWR Licensing-B FROM: Charles S. Hinson, Project Manager Standardization & Special Projects Directorate Division of PWR Licensing-B SUBJECT: DAILY HIGHLIGHT - NOTICE OF FORTHCOMING MEETING WITH PUBLIC SERVICE COMPANY OF COLORADO Purpose: To discuss plans for resolution of the electrical , systems portion of Fort St. Vrain's Technical Specification Upgrade Program. 1s. . Date & Time: December 18, 1986 8:30 a.m. - 4:00 p.m. Location: Training Builcing, Fort St. Vrain site 1,- Platteville, Colorado Requested -: Participants: NRC PSC INEL LPiumlee 1CHolmes A-Udy. C. Hinson S. Chesnutt J:;. Selan J. '`Graml ing J'. Weiler ' Charles S. Hinson, Project Manager. Standardization and Special FProjects. Directorate -4 Division of PWR Licensing-B s - cc: See next page , ga mTq _,``�R REGQ<4 y `s UNITED STATES o NUCLEAR REGULATORY COMMISSION p - ; WASHINGTON,O.C.20555 #yy December 5, 1986 Docket No. 50-267 Mr. R. 0. Williams, Jr. efra rif Vice President, Nuclear Operations i� Public Service Company �, ,:,• �- � ��:r- of Colorado 91985 Post Office Box 840 1 ; Denver, Colorado 80201-0840 act. Dear Mr. Williams: .... C '� SUBJECT: FORT ST. VRAIN TECHNICAL SPECIFICATION LCO 4.1.9 We are continuing our review of your submittal dated July 9, 1986 (P-86451) regarding Limiting Condition for Operation (LCO) 4.1.9. The revision of this Technical Specification has been under consideration by the staff since late 1983. During this time, the staff contracted with Oak Ridge National Laboratory (ORNL) to review certain aspects of your proposed changes. ORNL has prepared a Technical Evaluation Report (TER) concerning their review. This TER has been reviewed by the staff, and is enclosed for your information. However, certain aspects of your current proposal for LCO 4.1.9, not addressed by the TER, remain under review. �pecificaly, the staff remains concerned about your proposed use of the 760"F bulk core temperature concept. The concern is that potentially all decay heat removal paths from the core would be interrupted based solely on the calculation that the bulk core temperature was less than 760 F. During this period when heat removal paths were inter- rupted, there could be no monitoring of core temperatures. The staff believes that a more conservative approach would be to maintain at least one decay heat removal path operating, and a second path operable, except for a specified period where operation was not possible (i.e., circulator removal , etc.). The staff also stated that their preference was for the allowed outage time to be explicitly determined from curves in the Technical Specification. These curves would give the allowed outage time based on appropriate input parameters. The specification should also con- tain specific upper limits on the time period when forced circulation was interrupted. This issue was discussed on October 30, 1986, at the meeting on the Technical Specification Upgrade Program (TSUP). Your staff made the following points in response to the staff's concerns: - One loop of the liner cooling system (LCS) is always operating under the provisions of LCO 4.2.13 and LCO 4.2.15. (This is an implied requirement, and not explicit in the LCO's.) Corresponding LCOs were included in the TSUP. - Operation of this loop could be backed up by the firewater system to provide a second operable path. Fad N-1-R I a-aa Mr. R. 0. Williams, Jr. - 2 - - Historical data existed to validate the core heatup model used for these calculations. - A specific upper time limit when forced circulation was interrupted was feasible, so long as it accounted for worst case maintenance operations, such as circulator removal. Based on these discussions, we believe a basis for an acceptable proposal for LCO 4.1.9 exists. Specific elements of that proposal include the following: - An explicit commitment by Public Service Company of Colorado (PSC) to maintain one loop of the LCS in operation under the provisions of LCD 4.2.13 and LCO 4.2.15. - A commitment by PSC to back up this operable loop with the firewater system when this is the only decay heat removal path. - Revision of the proposed Technical Specification to include the curves for determining the allowed outage time and the inclusion of a specific outage time limit. We request that you provide a new submittal that addresses the staff concerns as outlined above. Please provide the required information within 45 days of the date of this letter. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L. 96-511. Sincerely, Kenneth L. Meitner, Project Manager Standardization. and Special Projects Directorate • Division of PWR Licensing-B • Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. O. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service-Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 - Public Service Company of Colorado Denver, Colorado 80201 16805.Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado_ 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission - 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley,`Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver-Place 999 18th Street, Suite 1300' Denver, Colorado 80202-2413 ENCLOSURE TECHNICAL EVALUATION REPORT FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET 50-267 LICENSEE: PUBLIC SERVICE CO. OF COLORADO REVIEW OF PROPOSED TECHNICAL SPECIFICATION CHANGE: CORE INLET ORIFICE VALVES/ MINIMUM HELIUM FLOW AND MAXIMUM CORE REGION TEMPERATURE RISE (L.C.O. 4. 1.9) PREPARED BY: S. 3. Ball Oak Ridge National Laboratory Oak Ridge, TN. 37831 October"16, 1986 NRC Lead Engineer: R. E. Ireland - RIV Project: ORNL Assistance in Evaluating Licensing Request-FSV LCO 4. 1 :9 (FIN A9351) • NOTICE This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, or any of their employees, makes any warranty, expressed or implied, or assumed any legal liability or responsibility for any third party's use, or the results of such use, of any information, apparatus, product or process disclosed in this report or represents that its use by such third party would not infringe privately owned rights. 3 REVIEW OF PROPOSED TECHNICAL SPECIFICATION CHANGE: CORE INLET ORIFICE VALVES/MINIMUM HELIUM FLOW AND MAXIMUM CORE REGION TEMPERATURE RISE (LCO 4. 1.9) INTRODUCTION The objective of this task is to provide NRC Region IV with technical and analytical support in their evaluation of a request by Public Service Co. of Colorado (PSC) to amend the Fort St. Vrain (FSV) High-Temperature Gas-Cooled Reactor (HTGR) Technical Specification - Limiting Condition for Operation (LCO) 4. 1 . 9_ The intent of LCO 4. 1. 9 is to ensure that during low power and % low flow operating conditions (0-25x) , core region temperatures will be limited to acceptable maximum values. The major basis for the concern is that at low core flows (and hence low core pressure drops) , the effects of higher buoyancy farces of the pressurized helium coolant channels may lead to flow stagnation and reversals in some channels. The uncertainties of the region heat removal processes under these 'ircumstances make it desirable to ensure that region flow stagnation and reversals do not occur. The objective of the original LCO 4. 1.9 is to specify a set of conservative operating limits for both startup and shutdown, hot and cold, and pressurized and not. NRC, PSC, and GA Technologies (GAT) have all identified problems with the consistency, accuracy, and conservatism of the original and interim technical specifications. It was concluded that an independent analysis should be done to provide a basis for the licensing action required to resolve questions about the operating limitations_. Resolution of acceptable operating limits may result in changes to the FSV Technical Specifications in order to ensure conservative thermal margins. APPROACH The approach taken to help resolve the questions raised in determining acceptable operating limits made use of an existing ORNL code (ORECA-FSV) , which calculates the dynamic thermal hydraulic behavior of the FSV core (Ref- 1) . The problems of flow stagnation and core overheating were explored for a variety of representative and conservative startup and shutdown scenarios, in some cases requiring that special routines be added to the code. The objective was to determine if LCO 4 . 1. 9 and/or accompanying tech specs provided adequate protection for all forseeable circumstances of plant operation. The FSV version of the ORNL ORECA code has been used extensively in code verification studies, and, in general , has shown good agreement with both FSV data and calculations by the GAT .RECA code (Refs. 2-3) . In simulating typical startups, the ORECA calculation begins with a zero•-power uniform-temperature core and follows user-input time-varying functions of total 4 circulator flow, thermal power, primary system pressure, and core inlet temperature. Guidelines for typical startup scenarios were initially obtained from the FSV DC-5-2 ( Issue C) manual both for startup from refueling conditions and for startup with full helium inventory. Subsequently, plant data logger records were obtained from PSC to get representative information on startup and shutdown -operating procedures, to check data consistency, and to determine how close the operating parameters approach the prescribed" limits (Ref.4) . For shutdowns, the code requires inputs specifying the power and flow rundown conditions. In both cases, orifice manipulation routines are executed to go from approximately equal-flow to equal region temperature rise settings, or vice versa, at specified times. Other user inputs include the refueling region peaking factors and orifice positions and the various core and refueling region bypass flow fractions. A watchdog routine was added to ORECA to detect violations of the original LCO (both for LCO 4. 1.9 Fig_ 1 and 2 conditions) , noting the beginning and ending times for the violations and, for the Fig. 2 case, the value of the maximum region temperature rise. An additional watchdog routine was added to look for violations of LCO 4. 1.7, which governs adjustments of the core inlet orifice valves, as this turned out to be more effective in limiting core temperatures in many cases than did LCO 4. 1.9. The ORECA code includes a model of the dynamic response of the region outlet thermocouples, which have fairly long response times -- especially at the low flows associated with startup and shutdown (Ref.5) . Calculations for LCO 4. 1 . 9 of core thermal power and region temperature rises are made based on these simulated thermocouple measurements rather than "actual" region outlet temperatures, since the measurements are used by the operators to determine compliance. • Typical startup and shutdown runs were studied it some detail. Magnetic tapes with plant data logger outputs for the November 3, 1983, startup and the January 17, 1984, shutdown were adapted for use on ORNL computers, along with PSC's "HISTORY" program for reading, deciphering, printing, and plotting the data. PSC also supplied calculated region peaking factors (RPFs) at crucial points in the runs so that the ORECA code could be set up to simulate the runs (Ref.4) . The ORECA code was set up and run for major "stopping points" , and good agreement between the steady-state calculations and data was found. In each case the agreement was optimized by varying the assumed core bypass flow fraction, and the optimized bypass flows were well within expected ranges. The PSC HISTORY code was modified to do further investigations of possible problems with tech spec limitations. 5 The LCO 4. 1. 9 and 4. 1 . 7 watchdog routines added to ORECA were adapted to HISTORY and run with the startup and shutdown data. For LCO 4. 1. 9, flow "margins" (actual core flow/minimum allowable flow) are output when LCO 4. 1. 9 Fig. 1 (equal-flow orifice settings) is applicable, and region temperature rise "margins" (maximum allowable delta-T minus worst-case measured delta-T) are output when LCO 4. 1.9 Fig. 2 (orifices anywhere) is applicable. For LCO 4. 1. 7, the worst-case margin (maximum allowable region outlet temperature minus the worst-case measured outlet temperature) is calculated both for the startup case (average core outlet <950 F) and for the conditions (>950 F) specified by Fig. 4. 1.7-1. In the latter analysis, all region outlet temperature readings are taken at face value rather than using comparison regions for some, as is done in more recent versions of the tech spec. A major effort involved model and code development to include intra-region flow dynamics in the ORECA code. This addition was needed to determine the limits of flow stability and stagnation more precisely than was possible by representing each refueling region by an average channel. The model that was developed simulates the two worst-case regions, using the computed overall core pressure drop, inlet plenum gas temperature, and power as inputs. Each of the two regions is represented by a single high-power density column (where the "tilt" power factor may be as high as 1. 6) in parallel with the average-power-density combination of the other six columns in the region. The common "upper plenum" for these two column models is the space just below the inlet flow orifice. As in the ORECA model, each column model is represented by six fuel , three reflector, and one core support axial nodes. Radial conduction is included but axial conduction is conservatively neglected. The programs required for implementing this model were largely drawn from existing ORECA routines. The three major advantages of this technique over the GAT steady-state models are the ability. to simulate the dynamic situation (which allows estimation- of limits on allowable times out of compliance) , the ability to use a dynamic overall core pressure drop driving function that is derived from a detailed 37-region calculation, and the ability to determine if and how stagnation conditions could be corrected. - BENCHMARKING CALCULATIONS FOR INTRA-REGION FLOW LIMITING CASES Since the limiting factor in a7eny low power operating regions is the calculated stagnation point for intra—region flow, and since the ORNL and CAT approaches to the problem were so different, a set of benchmark calculations were set up by Rick Kapernick of GAT. Some apparent discrepancies had appeared, as well, when in many cases the operating limits dictated by GAT analyses were more restrictive than ORNL's . It was decided: that for all benchmark runs, there would be two worst.--case refueling 6 regions. The hotter region had a region peaking factor (RPF) of 3.0 and a column tilt factor of 1. 17, while the other had an RPF of 1.6 and a tilt of 1.507. The assumed active core bypass fraction was 0. 18625, and all region orifices were set at 20% open. Runs were made at two different power levels, 1% and 5%, with a fixed helium inlet density corresponding to 250 F and 367 psia at 1% power, and 350 F and 419 psia at 5% power. Total reactor flows were varied between 1 and 10% for the 1% power case, and 5% and 13% for the 5% power case. The ORECA code, which normally includes intra-region conduction, was run both with and without it. (Conduction is not included in the GAT analyses, and this accounted for some discrepancies) . Several other important features of the analysis besides the yes/no determination of stagnant or reverse flow conditions in a region were noted. These are: 1) How hot does the fuel get, with or without stagnation? 2) How long does it take for the fuel to heat up and for the regions to stagnate? 3) Could the operator tell from region outlet temperature readings if the worst-caseiregions are in trouble, and are the tech spec limits on outlet temperature mismatches violated? 4) What are the effects on flow stagnation of setting the orifices for equal region outlet temperatures (rather than equal positions) ? 5) How readily can stagnation conditions be remedied by increasing flow or adjusting orifice positions? Also important is the fact that there are relatively large errors in measuring power and flow at the very low values of each; therefore allowances need to be made for these when operating limits are set. The ORECA runs for the benchmark were set up with a high flow initially (10% for the 1% power cases and 13% for the 5% power cases) , and the flow was subsequently reduced to the lower limits. For the 1% power reference benchmark case, there was no problem with either total region or intra-region flow stagnation with flows as low as 5%. After about 4 hr operation at 4X flow, however, the intra-region flow in the region with the higher tilt factor stagnated. The measured gas outlet temperature of the region with the higher RPF, although not stagnated, exceeded the mismatch temperature limit (average + 400 F) after about 1.5 hr. With 3% of full mass flow, flow stagnation/reversals occur right away, and the maximum fuel temperatures reached the 1600 C "damage limit" after about 4 hr. After as long as about 7 hr, by adjusting the orifices using a simple algorithm that attempts to equalize outlet temperatures, the stagnation can be cleared, and the core conditions can be recovered to acceptable temperatures and flows. In another case in which the flow was, reduced to 2% (and stagnation/reversals occurred) , a subsequent increase 'in. the 7 flow to 5% cleared the stagnation. Runs in which the intra- region conduction was neglected showed some effect on the stagnation threshold. Typically about 1% more flow was required to prevent stagnation without intra-region conduction than for cases with normal conduction included. CAT's calculated minimum flow to prevent stagnation at 1% power was 6.9%, vs. 5% per ORECA. The GAT analysis was done for a higher density gas (107.5% vs. 90% inventory in the benchmark) and neglected conduction (a 1% flow effect) , so these differences could easily account for the discrepancy. A comparison of the predicted benchmark core conditions at 10% flow also showed no differences. A variation on the 1% power benchmark runs was made using ORECA for what we had judged (based on a GAT design support physics analysis) to be more realistic worst-case estimates for RPFs and tilts, i. e. RPF = 1.80 and tilt = 1.36. These also showed intra-region flow reversals when the total flow was reduced to 4%. However, if the outlet temperature equalization scheme is used to reposition the orifices, the reversals didn' t occur until the flow was reduced to about 2%. For the 5% power benchmark cases, excellent agreement between ORECA and GAT calculations was obtained for 13% flow, although ORECA showed an outlet temperature mismatch exceeding LCO 4. 1. 7 even for those conditions. For subsequent reductions in flow, ORECA initially showed no reversals for core flows as low as 5% (7% neglecting conduction) , although very high core and gas temperatures were calculated. The GAT analysis (at 107% vs. 90% inventory) gave 10.3% as the minimum flow to avoid stagnation. Further investigation, however, showed that ORECA probably would have eventually calculated flow stagnation at flows higher than 5-7%. The ORECA calculations had been terminated when outlet gas temperatures exceeded 3000 F and fuel temperatures exceeded 9000 F; gas flows in the critical channels were still ' decreasing. Hence the apparent discrepancy between GAT and ORNL calculations at 5% power were judged not be significant. It should be noted, however, that the use of a fi^w stability limit to prevent high fuel temperatures under these circumstances is clearly not appropriate. For cases in which our "more realistic" worst-case RPFs and tilts were used, ORECA runs indicated that no stagnation occurred at 5% flow and that orifice manipulation was able to give reasonable core temperatures. Further variations on the benchmark runs were studies to investigate potential problems with the use of equal outlet temperature orifice settings at the low power/flow conditions. At I% power, for the minimum peaking factor region (RPF = 0.4 and column tilt = 1'.507) , which is limiting for the equal-outlet 8 temperature mode, stagnation occurred at 4x flow. However, by simply limiting the minimum orifice setting to 10X open, flow stagnation did not occur until the flow was reduced to 2X. The conclusions drawn from the benchmarking exercise was "that the ORNL and GAT predictions were consistent, and that limiting conditions predicted by GAT would be at least as conservative as ORNL's. SUMMARY OF ORNL RECOMMENDATIONS, COMMENTS, AND CONCERNS This task (A9351) was initiated in Dec. 1983 at the request of the FSV project manager, P. C. Wagner. During the course o-f the study, a large number of recommendations were made and - concerns noted. Most of these have been resolved or accounted for either by discussions with PSC and NRC, by further analyses, • or by eventual modifications to LCO 4. 1. 9 and supporting surveillance requirements. A list of meetings attended by ORNL is in Attachment 1. The following summary is a chronology of the more pertinent issues and questions raised, where the eventual dispositions are labeled by: (R) - resolved satisfactorily; (0) - ORNL was overruled (recommendation not followed) ; or (F) - some followup work is still recommended. 1. Low-flow and low-power measurements (F) - The definitions for core flow and core power (which are used in the LCOs to determine operating limits) are not adequate at very low power and flow. For example, the tech spec does not specify how core flow is to be derived, and the various means for - - calculating it from the instrumentation available have given widely varying estimates at low flow, especially when one or more circulators are shut down. We recommend using circulator speeds in conjunction with circulator performance maps. We also recommend incorporating calculated afterheat in the power estimate when approaching or following shutdown. 2. "Gap" in coverage u: .perating conditions (R) - In the figure limiting core outlet termpearture mismatches (for average T-out > 950 F) , Fig. 3. 2.2-1, there were gaps in the coverage for typical startup operations. These occurred when T- out > 930 F and the average temperature rise from the circulator inlet to core outlet was less than 660 F. From the data we observed, all the region outlet temperatures are typically low enough so that there would not be a real problem with overheating the core. 9 3. "Mechanized Calculations" of optimum orifice positions (F) -- We recommended that PSC should use a simple program to calculate optimum orifice positions for each desired operating condition rather than let the operators find them with a slowly converging iterative process. 4. References to "Sister" LCO 4. 1. 7 (0) - Apparently the relationship between LCOs 4. 1. 7 and 4. 1.9 has not been universally well-understood. The limits imposed by LCO 4. 1. 9 are calculated entirely on the basis of avoiding operating conditions in which refueling region (or sub region) flows would stagnate or reverse. The limits of LCO 4. 1. 7 are somehwhat mote direct, as they relate the inferred maximum fuel temperature to measurements of region outlet coolant temperature. Both LCOs are needed to effectively limit maximum fuel temperatures.. Simply assuring no stagnation (LCO 4. 1 . 9) doesn't assure that fuel won't overheat. For LCO 4. 1.7, if the flow is stagnated, the region outlet thermocouple may not be measuring a temperature that can be related to fuel temperature. Hence, we recommended a closer tie-in of LCO 4. 1.7 (it is now referenced in the Basis section) . However, as an operator guide, we feel that cross-references should be spelled out clearly. For example, in Table 4. 1.9-1, - core temperature rises are not shown as being limited for equal region flow casss where the system pressure is >50 psis. We believe it should be noted in the table, or at least in a footnote, that these cases are to be limited by restrictions in LCO 4. 1.7. 5. Surveillance vs. Corrective Action time requirements (R) - The time limits are required corrective action and the surveillance time intervals are not consistent. For example, with surveillance required only every 12 hours, the alternative corrective actions are required in either 15 min or one hour. (The 15-min limit implies an urgency not carried by the 12 hour surveillance time interval. ) PSC noted that operating procedures called for essentially continuous monitoring of the power, flow, and core outlet temperatures during orifice maneuvers. While this is a satisfactory response, we would prefer that reference to the more frequent monitoring be made in the LCO to assure the operator's understanding of the requirements. SR 4. 1:8- 'foymerly indicated only that flow was to be monitored continuously during power level changes. It has since been revised to require continuous monitoring during orifice maneuvers as well . 6. Questions on procedures for determining "bulk core temperature" limit of 760F (R) These questions were addressed in detail and reported in our A9351 monthly report for January 1986 (See attachment 2) . We • 10 recommended that reference be made in the Basis to the procedures used to calculate bulk core temperature. 7_ Equal-Flow orifice range specification (2) - The LCO did not specify a limiting range for orifice positions corresponding to the equal flow setting mode. We recommended 10-20* open. The opening size is crucial to the flow stagnation calculations. 8. Experimental Verification (0) - While benchmarking exercises for GAT and ORNL flow- stagnation analyses showed good general agreement, more comfort could be derived from some* good experimental confirmation data. In simulations of numerous startup tests, it was observed that for wide variations around normal operating paths, very little flow redistribution occurred. Redistributions, Which are precursors to stagnation, were shown to be readily observable by measuring changes in outlet temperature dispersions due to changes in total primary loop flow. The tests which were recommended proposed relatively small flow perturbations (within current tech spec limits) . These tests would provide data on whole-region, not intra-region, flow redistributions. SUMMARY AND CONCLUSIONS The approach used in the review of the final and previous versions of the revised Tech Spec LCO 4. 1.9 "Core inlet orifice valves/Minimum helium" flow and maximum core region temperature rise" included the following: 1) Revise the ORNL ORECA (3-D FSV core thermal-hydraulics) code as required to include intra-region flow and to simulate startups and shutdowns with both representative and conservative assumptions. Benchmark calculations using ORECA and the GAT codes used to derive the limits employed in the new LCO showed good agreement . 2) Use FSV-supplied startup/shutdown plant process computer data and PSC's "HISTORY" code to study both typical and conservative transients and to note operational problems_ 3) Confirm that the revised Tech Spec meets its goals. 4) Point out problems and suggest alternatives. As in the case of previous versions of LCO 4. 1.9, the limits imposed by the final LCO (P-86451 ) range from equivalent to conservative as compared to those derived by ORNL analyses . Hence, the major concern of the Tech Spec, that of providing limits that will in fact prevent core overheating, has been 11 addressed and confirmed satisfactorily. Remaining disagreements and concerns were primarily with details of clarity and style_ Ilona 12 LCO 4. 1. 9 (TER) REFERENCES P 1. S. J. Ball, 0RECA--1: A Digital Computer Code for Simulating the Dynamics of HTGR Cores for Emergency Cooling Analyses, ORNL/TM-5159 (April 1976) . 2. S. J. Ball, "Dynamic Model Verification Studies for the Thermal Response of the Fort St. Vrain HTGR Core", Proceedings of the Fourth Power Plant Dynamics, Control and Testing Symposium, Gatlinburg, Tennessee (March 1980) . 3. S. J. Ball, et al. , High-Temperature Gas-Cooled Reactor Safety Studies for the Division of Reactor Safety Research Quarterly Progress Report, January 1-March 31, 1978, NUREG/CR-0179, ORNL/NUREG/TM-221 (July 1978) . 4, Letter from D. W. Warembourg (PSC) to S. J. Ball, "History _ Tape Transmittal for LCO 4. t.9 Evaluations", March 2, 1984 (P-84073) . 5, S. J. Ball, et al. , Rig:I-Temperature Gas-Cooled Reactor Safety Studies for the Division of Reactor Safety Research Quarterly Progress Report, October 1-December 31, 1978, NUREG/CR-0716, ORNL/NUREG/TM-314 (April 1979) . LCO 4.1.9 (TER) ATTACHMENT 1 Meetings on LCO 4. 1.9 Pr posed Changes attended by ORNL 1. August 23, 1984, at NRC-Region 4, Arlington, TX, with NRC, PSC, and GAT, to discuss the status of the review. 2. March 13, 1986, at NRC-Region 4, Arlington, TX, with NRC, PSC, and GAT, to address and resolve the oustanding issues on the most recent PSC drafts of LCO 4. 1. 9. • • A-1 • • A?TACHM&*1T 2 t.NG' ObOHt A9_':1 Monthly Neport for January I Pet. PAGE 1 • • REVIEW OF LCO 4. 1 .9 BASIS RELATING 10 7bv F AVERAGE CURE TEMPERATURE LIMIT The basis in the draft LCO 4_ 1 .9 (P-8544) pertaining to the 76u F maximum core temperature limit is as follows: " The calculated bulk core temperature is the calculated average temperature of the core, including graphite and fuel but not the reflector, that occurs following a loss of all forced circulation of primary coolant flow_ Thelca'_culation assumes that all decay heat is retained in the core with no heat transfer to the reflector, PCRV internals or primary coolant. If the decay heat xs sufficiently low, with all primary coolant flow terminated, the calculated bulk core temperature will not exceed 760 degrees F, this specification is not applicable. Below this temperature, there is no damage to fuel or PCRV internal components. " The 760 F bulk core temperature limitation IS proposed for use in this and other revised LCOs as a means of assuring that no fuel or PCRV-internals damage will occur for periods when no primary coolant forced circulation is available. The 760 F limit was apparently derived from the design value of core inlet temperature, which is 760 F; hence there is no safety concern if all of the components in _ the reactor vessel are nominally limited to this temperature. Several questions and concerns do arise, however, regarding the implementation- . of this limit to specific reactor operation scenarios: 1) How is the afterheat calculated? 2) How hot do critical PCRV-internal (metal ) components get with a core average temperature of 760 F? 3) How conservative is the assumption that there is no heat loss to the surroundings during a no-flow heatup? ITEM 1: The means of determining afterheat is not specified in the LCO, and it should be. Since there are no sensors in the core which can effectively measure the mean temperature, it is important to have an accurate-estimate of afterheat_ This can be a complex calculation for cases where the power level has undergone major perturbations in -1==the period- before shutdown_ (We have developed such an algorithm that- '- could be implemented on the plant computer or a programmable calculator. ) ITEM 2: A variety of heatup conditions were simulated using the severe-accident version of the ORECA-FSV code, ranging from relatively rapid heatups (6 days after l(i0%_ power operation or 3 hours after 55% power operation) to very slow heatups ( 1 year after 1007. or 100 days after 35%) . As expected, the nonuniformities in PCRV temperatures were larger xn the faster heatups; however, at the time when the . average core temperature reached 760 F. ma:cimum fuel temperatures were well below normal operating temperatures• and PCRV metallic component A - 2-1 ENCLOSURE - A9351 Monthly Report for January 1986 PAGE temperatures were well below 76O F. Hence we would conclude that the 760 F core average temperature limit is sufficiently conservative. ITEM 3: Also of interest was the extent of the conservatism in the assumption that there is no heat loss from the core during the heatup. Again, by use of the ORECA-FSV code, it was shown that this conservatism is strongly dependent upon the heatup rate (the slower the rate the more conservative the assumption) . The "actual " computed rates as percentages of the adiabatic heatup- rates are shown for three representative cases in Fig. 1. The cases in which there is a relatively short time to restore circulation are also the cases with the least conservatism. We would also recommend rewording the next-to-last sentence in the "basis". The way it currently reads, it implies that LCO 4.1.9 flow requirements are waived only in those cases where the afterheat is SO low that an adiabatic core would never reach 760 F. In conclusion, it appears that the 760 F limitation is a sufficiently conservative means of protecting the core and POW internals from damage; however, the means for computing the adiabatic temperature rise, should be specified in the LCO or its basis. A 2-2 • Figure 1 - Comparisons of Actual vs. Adiabatic Core Heatup Rates • OR VL-DwG 86C-5189 LTD • 120 I I I ) y 100 - ° i U • i 80 - 40 — • •30 — 300 400 500 600 700 800 AVERAGE aULK CORE TEMPERATURE (°F) NOTES: • CURVE 1 - 'FAST HEATUP RATE': (100% POWER + 6 DAYS OR 35% POWER + 3 HOURS). HEATUP FROM 300°F TO 760°F IN 6 HOURS. - - CURVE 2 - "MEDIUM HEATUP RATE':• (100% POWER +70 DAYS OR 35% POWER + 9 DAYS). HEATUP FROM 300°F TO 760°F IN 22 HOURS, CURVE 3 - -SLOW HEATUP RATE': (100% POWER +-480 DAYS OR 35% POWER + 104 DAYS). HEATUP FROM 300°F TO 760°F IN 5.5 DAYS. • • • A 2-3 • • OAK RIDGE NATIONAL LABORATORY PosTOFFICE430X OAK MOOG TENNESSEE WW1 O&Ew TED BY WARN MftPETTA ENERGY SYSTEM& NC. October 16, 1986 Mr. Richard E. Ireland U. S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 Dear Dick: • Subject: Submittal of TER on FSV LCO 4. 1.9 (FIN A 9351) The final version of our Technical Evaluation Report (TER) on the Fort St. Vrain LCO 4. 1.9 is enclosed for your review and approval. Please call me if you have any questions . Yours truly, c S. J. Ball, Manager RTGR Safety Studies for NRC SJB:djs Enclosure • cc ' .;K. L. Rattner. - NRC A. P. Maliaauskas D.- L. Moses 2J`y�,w P.E°L4l UNITED STATES ; NUCLEAR REGULATORY COMMISSION m : t WASHINGTON,M C.20555 { s v"° �� **+t* December 5, 1986 Docket No. 50-267 a °r" V, DEA) 1. itg85 Mr. R. 0. Williams, Jr. ;btu Vice President, Nuclear Operations t• =c Public Service Company of Colorado P. 0. Box 840 Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: TECHNICAL SPECIFICATIONS FOR ADMINISTRATIVE CONTROLS, REQUEST FOR ADDITIONAL INFORMATION We are reviewing your submittal dated July 22, 1986 (P-86452) proposing changes to the Fort St. Vrain Technical Specifications for Administrative Controls. During our review we have found this submittal does not contain adequate information concerning the Plant Operations Review Committee. Enclosed is a request for additional information concerning this issue. Please provide this information within 30 days of the date of this letter. The information requested in this letter affects fewer than 10 respondents; therefore, OMB clearance is not required under P.L. 96-511. Sincerely, Kenneth L. Meitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-6 Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Yrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, I4/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road. 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road,19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. 0.Box 840 Public. Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 2300 Denver, Colorado 80202-2413 Enclosure PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION REQUEST FOR ADDITIONAL INFORMATION In a letter dated July 22, 1986, the Public Service Company of Colorado (PSC) ' requested changes to the Administrative Controls Section of the Technical Specifications for Fort St. Vrain Nuclear Generating Station. These proposed changes involved revisions to the Management Organization Chart (Figure 7.1-1), and Fort St. Vrain Nuclear Generating Station Organization Chart (Figure 7.1-2). The following is a request for additional information with respect to these Changes: PSC has added the new position "Superintendent Scheduling/Planning and Stores" to the Plant Operations Review Committee. This raises the total committee membership to at least 15 members, but retains a quorum of only 5 members. The quorum requirement is normally established to represent a majority of the members of the committee to ensure continuity from one meeting to-another. Describe PSC's provisions for ensuring that continuity of members is retained from one meeting to the next meeting. Alternatively, revise the quorum requirement to be a majority of the members. RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 22, 1986 TAPE #86-SI & #86-82 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, December 22, 1986, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Mary Reiff Chairman Johnson announced that the hearing to consider GNMA Collateralized Home Mortgage Revenue Bonds, published in the Denver Post to be held at 9:00 a.m., will be held at 10:00 a.m. MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 17, 1986, as printed. Commissioner Erantner seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Brantner moved to approve the Certifications for the hearings conducted on December 17, 1986, as follows: 1) USR, Diversified Operating Corporation; 2) USR, Smith; and 3) USR, Riegel. Commissioner Lacy seconded the motion and it carried ummimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion sad it carried unanimously. COMMISSIONER COORDINATOR REPORTS No reports were given Et today's meeting. E WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $130,743.96 Social Services 9,570.40 Handwritten warrants: General fund 3,584.05 Payroll 4,829.52 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Brantner seconded the motion which carried unanimously. BUSINESS: OLD: SECOND READING OF ORDINANCE #147 - WELD COUNTY COMPREHENSIVE PLAN: Commissioner Lacy moved that Ordinance #147 be read into the record by title only and Commissioner Brantner seconded the motion. No public comment was made concerning this motion and it carried unanimously. Mr. David read the title of Ordinance #147 into the record. Allen Novak and Dan Klingensmith came forward to make comments. Commissioner Brantner moved to approve the second reading of Ordinance #147 and direct the Clerk to the Board to publish forthwith. Seconded by Commissioner Lacy, the motion carried unanimously. NEW: CONSIDER 2 RESOLUTIONS RE: LAW ENFORCEMENT AGREEMENTS WITH TOWNS OF GILCREST & KEENESBURG AND AUTHORIZE CHAIRMAN TO SIGN: Lt. McGuirk, of the Sheriff's Department, came forward to explain that both of these Agreements are continuations of the current Agreements and recommended approval. Commissioner Kirby moved to approve the two Resolutions concerning Law Enforcement Agreements with the Towns of Gilcrest and Keea.esburg. The motion was seconded by Commissioner Brantner and carried unanimously. CONSIDER PURCHASE OF SERVICE AGREEMENT FOR LEGAL SERVICE OF PROCESS WITH GREELEY SUBPOENA SERVICE: Dave Huffman, of Social Services, explained this Purchase of Service Agreement. Commissioner Kirby moved to approve said Agreement. Commissioner Lacy seconded the motion. (TAPE CHANGE 486-82) The motion carried unanimously. CONSIDER PURCHASE OF LEGAL SERVICES AGREEMENT WITH JIM POPE: Mr. Huffman also explained this Agreement for the Board. Commissioner Brantner moved to approve the Agreement with Jim Pope for the purchase of legal services. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER HEAD START AGREEMENT WITH MARY BENDELOW AND AUTHORIZE CHAIRMAN TO SIGN: Jeannie Tacker, representing Human Resources, explained that this Agreement provides training for the Head Start staff. Commissioner Lacy moved to approve the Agreement with Mary Bendelow. Commissioner Brantner seconded the motion which carried unanimously. CONSIDER RESOLUTION RE: PARTIAL RELEASE OF DEED OF TRUST FOR PARKLAND ESTATES, LOT 5, BLOCK 4: Bruce Barker, Assistant County Attorney, explained this matter for the Board and recommended approval of this Resolution. Commissioner Brantner moved to approve the Resolution concerning Lot 5, Block 4 in Parkland Estates. The motion, seconded by Commissioner Kirby, carried unanimously. • Minutes - December 22,1986 Page 2 • CONSIDER DISBURSEMENT OF MONIES FOR VETERANS SERVICE FOR NOVEMBER: Commissioner Lacy moved to approve the November disbursement of monies for the Veterans Service. The motion was seconded by Commissioner Erantner and carried unanimously. CONSIDER RESOLUTION RE: ACCEPTANCE OF BALLOTS CONCERNING SOUTHEAST WELD PEST CONTROL DISTRICT: Commissioner Kirby moved to approve this Resolution. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER 2 DIVISION ORDERS FROM TPET, INC. ON NEiSW}, 510, T7N, R58W; AND SW}SW}, S10, T7N, R58W AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said both of these Division Orders have been checked by his office and found to be in order; ther£ore, he would recommend that the Board approve them. Commissioner Lacy :coved to approve the two Division Orders from TPET, Inc. Seceded by Commissioner Brantner, the motion carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR HEALTH DEPARTMENT: Mr. Warden explained that these are clinical fees which the Health Department has been unable to collect, and it has been recommended that they be cancelled by the Board, although an effort will still be made to collect these accounts. Commissioner Brantner moved to approve the Resolution cancelling certain outstanding accounts receivable for the Health Department. Commissioner Lacy seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: CANCELLATION OF SOCIAL SERVICES WARRANTS FOR NOVEMBER, IN AMOUNT OF $7,298.03: Commissioner Lacy moved to approve this Resolution. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER RESOLUTION RE: DIRECTING CLERK TO BOARD TO HAVE PUBLISHED ORDINANCE #140-C, SUPPLEMENTAL APPROPRIATION FOR 1986: Mr. Warden explained that this is the final 1986 Supplemental Appropriation Ordinance, which must be published once before the Board can act upon it. Commissioner Brantner moved to approve the Resolution regarding the publication of Ordinance #140-C. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER RESOLUTION RE: APPOINTMENTS TO GRIEVANCE BOARD: Commissioner Kirby moved to approve the Resolution appointing Sharon Shea and Billy Yauchzee as alternates to the Personnel Grievance Board. The motion, seconded by Commissioner Brantner, carried unanimously. CONSIDER LEAP VENDOR AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, of the Housing authority, came forward to explain this LEAP Vendor Agreement with Rocky Mountain Natural Gas Division of K N Energy, Inc. Commissioner Lacy moved to approve this Agreement and authorize the Chairman to sign. The motion was seconded by Commissioner Brantner and carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on, the consent agenda. The second reading of Ordinance #147 was approved. Minutes - December 22, 1986 Page 3 Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:30 A.M. APPROVED: ATTEST: dni / ., - BOARD OF COUNTY COMMISSIONERS ffLtUr/ts (Jy�;1 i7C a sly! WELD COUNTY, COLORADO _ Weld County Clerk and Recorder and Clerk to the Boar Ja quel'\ J.' : .+� Charm By: Die! . - Duty/ 1mty _Wk Got. . .`ia. ":c' , , Gene R. Braatner C.W. Kirby r Frank Yamaguc 7 Minutes -December 22, 1986 Page 4 RECORD OF PROCEEDINGS AGENDA Wednesday, December 24, 1986 Tape #86-82 ROLL CALL: Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem Gene R. Brantner C.W. Kirby Frank Yamaguchi MINUTES: Approval of minutes of December 22, 1986 CERTIFICATION OF HEARING: Hearing conducted on December 22, 1986: 1) GNMA Collateralized Mortgage Revenue Bonds ADDITIONS TO AGENDA: None APPROVAL OF CONSENT AGENDA: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Approve plain paper copier - Health Dept. (Bette Rhoden) 2) Approve milk bid —Various Depts. 3) Approve asphalt bid - Road & Bridge BUSINESS: OLD: NEW: 1) Consider Foster Care Placement Alternative-Parent Advocate Project and authorize Chairman to sign Letter 2) Consider Plowing Permit #86-2 and Collateral for Willard Soper and authorize Chairman to sign 3) Consider Assignment of Internal Improvements Agreement between Beebe Draw Land Company, Ltd. and Beebe Draw Farms Metropolitan District 4) Consider Assignment of External Improvements Agreement between Beebe Draw Land Company, Ltd., and Beebe Draw Farms Property Owners Association and Beebe Draw Farms Metropolitan District 5) Consider Quit Claim Deeds for Blanche M. Preston; Marilyn J. & George G. Glenn; Melvin D. & Edith R. Gullett; and Southeast Weld Fire Protection District, concerning vacation of Harrison Street, and authorize Chairman to sign 6) Consider Emergency Ordinance #2-A, In Matter of Amending and Correcting Quit Claim Deed Concerning Vacation and Conveyance of Portions of County-Owned Roads to Town of Platteville PLANNING: 1) EPEE #1250 - Rosales 2) ZPMH #1251 - Oakley CONSENT AGENDA APPOINTMENTS: Dec 25 - MERRY -CHRISTMAS Dec 26 - HOLIDAY Dec 29 - Work Session 1:30 PM Jan 1 - HAPPY NEW YEAR HEARINGS: Dec 29 — Increase Land-Use application fees 9:30 AM Jan 7 - COZ, A to PUD, Bay Shores PUD 2:00 PM Jan 14 - USR, Change in non-conforming use (cultured marble fabrication business), Robert See 2:00 PM Jan 21 - Final plan, Pferd Himmel PUD 2:00 PM R2FORTS: COMMUNICATIONS: 1) Mined Land Reclamation Division re: Keenesburg Strip Coal Mine Permit revision 2) Great-West Life re: Deferred Compensation Annuity Contract 3) Dept. of Highways Newsletter 986-52 4) Nuclear Regulatory Commission IE Info. Notice 886—I04; #86-105; and 886-106; and #86-14, Supplement 1 5) George Reddin, Attorney, letter to Diversified Operating Corp. re: Construction of natural gas pipeline 6) Planning Commission minutes of December 16 PLANNING STAFF 1) Amended RE 8256 - Gruen APPROVALS: 2) Amended RE #730 - Kahn - Waterford Ranch Company 3) RE #961 - Fred Brunner Trust 4) RE #963 - Thome 5) RE 9965 - Brown 6) SE #290 - Gruen 7) ZPMH #1241 - Yarbrough RESOLUTIONS: * 1) Approve Purchase of Service Agreement with Greeley Subpoena Service * 2) Approve Purchase of Legal Services,Agreement with Sim Pope * 3) Approve Division Order from TPET, Inc. on NE}SW}, 510, T7N, R58W * 4) Approve Division Order from TPET, Inc. on SW}SW}, S10, T7N, R58W * 5) Approve LEAP Vendor Agreement ORDINANCE: * 1) Emergency Ordinance 92-A, In Matter of Amending and Correcting Quit Claim Deed Concerning Vacation and Conveyance of Portions of County-Owned Roads to Town of Platteville * Signed at this meeting • • RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND GREELEY SUBPOENA SERVICE CONCERNING PROCESS SERVICES 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 Child Support Enforcement Unit of the Weld County Department of Social Services, in order to perform its function, requires that it contract with process servers to obtain legal service of process, and WHEREAS, an Agreement for said process services between Weld County and Greeley Subpoena Service has been presented to the Board for its approval, and WHEREAS, the term of said Agreement is from January 1, 1987, through December 31, 1987, with the further terms and conditions being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board, after study and review, deems it advisable to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between Weld County and Greeley Subpoena Service for legal service of process be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A.D. , 1986: '.y�� BOARD OF COUNTY COMMISSIONERS ATTEST: l:j4 J, M1��rQ bpi;;, WELD COUNTY, COLIRADO ar Weld County Clerk and Recorder .� _.. \• and Clerk to the Board 'a•que J• s. C airman BY: �if Go , ='o-Tem Deputystounty rk EXCUSED DATE O'•' SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner C.W. Kir y � �'` CQYALeY r Y uc 3S O0o 4 861219 Cc ' C�_> - Aecr_ . S —SI-Cajt • tin-E.-7-07 Contract Number (State Use Only) PURCHASE OF_SERVICES AGREEMENT Weld COUNTY DEPARTMENT OF SOCIAL SERVICES • This agreement is executed as of January 1 , 1987 by and between Greeiey Suhpoena Sarvire (hereinafter "Services Provider") and the Wale County Department of Social Services '(hereinafter "Department"): WIINESSETE THAT WHEREAS, the Department, under Part D of Title IV of the Social Security Act, ' • 45 CFR Parts 232, 301, 302, 303, 304, 305, and 26-13-101 et.seq, CRS 1973, as l} amended,." has been delegated responsibility for the development and implementation of a program to secure support and establish paternity for • children receiving AFDC benefits and those non-AFDC individuals upon application for such services, and WHEREAS, the Department desires to enter into an agreement with the Services Provider to: 1) assist the Department in providing the services necessary to establish paternity, establish support obligations, and secure support for children receiving AFDC and those otherwise eligible but not receiving an assistance payment within the meaning of Federal regulations pertaining thereto, upon application for such services, and 2) assist in other child support enforcement -matters of common concern to the Department and the Attorney, and WHEREAS, the Services Provider is desirous of entering into such an agreement with the Department; Now, THEREFORE: The Department and Services Provider, in consideration of the promises and mutual covenants as hereinafter contained, do hereby agree as follows: • 1. Scope of Services Services shall be provided to AFDC grant recipients and to non—AFDC individuals upon application by the Services Provider in compliance with Exhibit I entitled, Scope of Services, a copy of which is attach& hereto and made a part hereof by reference. • 861210 • 2. Duration of Agreement This agreement shall be in effect from 1,,,,,ary 1 through December 31 , 1987 , but not to exceed twelve (12) months. • 3. Renewal This agreement may be renewed by mutual consent, provided that each renewal shall be for a period not to exceed twelve (12) months. Each renewal shall be reduced to writing on Form CSE-5, "Renewal of Agreement", properly executed, and made' a part .1f this agreement. Said renewals shall contain appropriate amendments to Exhibit II, "Computation of Cost for Services"; and Exhibit III, "Purchase of Services Agreement Budget". Said renewals are expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of -Social Services, the Executive Director, or his designee, are not parties to the agreement. 4. Computation of Cost for Services The Services Provider shall identify the method of determining the cost for services provided pursuant to this agreement in Exhibit II, entitled "Computation of Cost for Services", which is attached hereto and made a • part hereof by reference. Such costs may be an hourly rate or a specific dollar amount for each service provided. Such costs shall be comparable to or less than rates or charges charged by other providers in the area for similar services. 5. Payment A. Payment shall be made on the basis of Exhibit III, entitled "Purchase of Services Agreement Budget", a copy of which is attached hereto and made a part hereof by reference, for services provided pursuant to Exhibit I. The Purchase of Services Agreement Budget shall establish the maximum reimbursement which shall be paid from combined county, State and Federal funds during the duration of this agreement. • B. The Services Provider shall submit monthly billings for services provided pursuant to Exhibit I of this agreement to the department in • • accordance with the rules and regulations of the State Department of Social Services. The Department shall pay the Services Provider upon receipt of such billing as follows: 1. Services costs are determined by multiplying the rate developed in Exhibit II by the estimated number of hours or estimated number of services to be provided. 2) Direct charges for travel are related to providing services under this agreement. All expenditures for out-of-state travel for which reimbursement is requested must receive prior written approval of the State Department of Social Services. • s.,1-s n1 • 3) Direct charges for reasonable and essential short term training for staff providing services under the agreement. All training for which reimbursement is requested must receive prior written approval of the State Department of Social services. 4) Specific direct charges- for other costs related to providing - services under the agreement may include filing' fees, long distance telephone calls, blood tests, polygraph tests, expert witness fees, transcripts, and services purchased from subcontractors. 5) All other expenses must receive prior written approval by the State Department. These may include, bet are not limited to, capital outlay, automated data processing, lease or purchase of vehicles and purchase of services from subcontractors. C. Federal reimbursement of costs incurred pursuant to this agreement is - - expressly contingent upon the availability of federal funds. D. Services Provider shall not bill department for and shall not be reimbursed for time involved in activities octside of those defined in Exhibit I, unless prior written approval of the department and state department is obtained. 6. Duties of the Department The Department shall provide the Services Provider with all pertinent information available to the extent that such information is relevant to \ the services to be performed pursuant to this agreement. 7. Termination for Convenience This agreement may be terminated without cause by either party upon written notice of at least thirty (30) days. Upon such termination, the Services Provider shall furnish to the Department, as property of the Department, all property, records and pertinent information which the Department provided under this agreement. when the Services Provider provides said property, records and information to the Department, the Department shall pay the Services Provider for reasonable costs incurred through the last day of this agreement in accordance with clause 5 entitled, "Payment". S. Amendment This agreement may be amended in whole or in part by mutual consent. provided that said amendment be reduced in writing on Form CSE-4, properly executed and made a part of this agreement. All amendments are expressly made subject to the approval of the Executive Director, Colorado Department of Social Services. or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties of the agreement. • 9. Reports, Records, and Retention Periods The Services Provider shall maintain such records as are deemed necessary pursuant to the State Department of Social Services' rules to assure a proper accounting for all costs and funds collected. These records will be made available for audit purposes to the U.S. Department of Realth and Human Services, the State Department of Social Services, the County Department of Social Services, or any authorized representative of the State of Colorado, and will be retained fcr six (6) years after the expiration of this contract unless permission to destroy them is granted by the State Department of' Social Services. The Services Provider shall -make financial, program progress and other reports as requested by the County or State Department of Social Services. 10, Equipment Purchased with Federal, State and -County Noun Equipment with en acquisition cost of less than $300 may be purchased by the Services Provider pursuant to this agreement. Equipment with an acquisition cost of $300 or more may be purchased upon prior written approval by the state department and shall be capitalized and depreciated over the useful service life of the equipment. 11. Corfidentiality Information provided by the County Department of Social Services in futherance of the aims and purposes of this agreement will be used only for the purpose intended and in accordance with Federal and State laws and regulations. 12. Safernardinx Information The Services Provider shall provide for the security of information collected pursuant to this agreement and as provided in the rules and regulations of the state department. • 13. Political Activities None of the funds, materials, property, personnel or services contributed • by the United States, the State Department of Social Services or the County Department of Social Services under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office in a manner which would constitute a violation of S U.S.C. Sections 1501 et.seq. 14: Relitious Activity There shall be no religious worship, instruction or proselytization as part of or in connection with tht'performance of this agreement. y 861 219 • 15. Non—Discrimination In connection with the performance of services under this agreement the Attorney agrees to comply with the provisions of the laws of Colorado, the CIVIL RIGHTS ACT of 1964, as amended," the Regulations of the Department of Health and Human Services issued pursuant to that Act, the provisions of Executive Order 11246, EQUAL EMPLOYMENT OPPORTUNITY, dated September 24, • 1965, as amended, and Section 504 of the REHABILITATION ACT of 1973, as amended. 16. Studies and Investigations All official reports of cases, recoveries, investigations, studies,r etc.,'- made as a result of this agreement shall acknowledge the support provided by the Department of Health and Human Services. . 17. Federal and State Laws and Regulations This agreement shall be performed in compliance with the Social Security Act, as amended, the Federal regulations and amendments thereto which implement the Social Security Act, and the rules and regulations of the State Department of Social Services, as amended. 18. Subcontracts . No subcontract shall be made by the Services Provider with any other party for furnishing any services contracted for without the prior written consent, and approval, of the Department. For services provided under any subcontract, the Services Provider shall be responsible for contract performance and compliance with the terms and conditions of this agreement. The Services Provider shall select subcontractors on a competitive basis to the maximum practical extent consistent with the objectives and requirements of this agreement. 19. Special Provisions . The Services Provider and Department agree to the special provisions described in Exhibit IV, entitled, "Purchase of Services AgreementSpecial Provisions", a copy of,-which is attached hereto and made a part hereof by reference. • Can 2,,"Y q • IN WITNESS WHEREOF Department and Services Provider have caused this agreement to be executed by their respective officers duly authorized so to do. This agreement is expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties of the agreement. .ems/S{ ,2-7o% Conn Director // Date CS f * ,fig G Services Provider 1,4 e ountq�V'ard of Date Tim Bali D/B/A Social Services Greeley Subpoena Service 2412 W. 10th St #365 Greeley, CO 80631 /o? • t Bo O Dates .. Social Services APPROVED: STATE OF COLORADO RICHARD D. Lai, GOVERNOR. Hember County Board of Date Social Services `-��, /a ,✓'��ecurect Date d J Social Ser ervices of ' Colorado Dept. o Social Services ar o Social Servic * If the Board of Social Services resolves to empower the Chairman of the Board of Social Services to enter into and sign this agreement for the County Commissioners then a copy of the Board's resolution to do so mast be attached. QA D • ERHIBIT I SCOPE OF SERVICES (Itemize below the services to be provided to this agreement.) The Board of County Commissioners through it's Department of Social Services operates an Office of Child Support Enforcement, hereafter referred to as C.S.E. The Office of of C.S.E., to perform it's function, requires that it contract with Process Servers to obtain legal service of process. DUTIES OF PROCESS SERVING FIRM Upon the request of the C.S.E. Unit, the Process Serving Firm shall obtain legal service of process upon individuals who are named as Respondents or Defendants in child support actions. Using information provided by the C.S.E. Unit, it shall be the responsibility of the Process Serving Unit to ascertain that the correct party is served and the Process Serving Firm hereby agrees that it is responsible for incorrect service if the information supplied by the C.S.E. Unit is not properly used. DUTIES OF THE CHILD SUPPORT ENFORCEMENT UNIT The C.S.E. Unit agrees to provide a correct date of birth and a good physical description of the individual to be by the Processing Firm. The C.S.E. Unit shall not be responsible for providing any specific number of processes to be served during the term of this agreement. This is not an exclusive agreement and the C.S.E. Unit may, at any time, select one or more individuals or firms to be Process Servers for any geographical area. EXHIBIT II COMPUTATION OF COST FOR SERVICES. (Indicate below the method of determining the cost for services provided.) • COMPENSATION For documents requiring personal service, a fee of twenty dollars ($20.00) shall be paid for each successful service of process. In addition to the fee, round trip mileage will be paid at the rate of twenty cents per mile. For documents not requiring personal service, a fee of fifteen dollars ($15.00) shall be paid for each successful service. In addition to the fee, round trip mileage will be paid at the rate of twenty cents per mile. Payment of fees shall be made only if service of process is successful. No fee shall be paid if service is not successful. For the purpose of this contract, documents requiring personal service are Subpoenas, Contempt Citations, summons with Subpoena, Wage Assignments .and Garnishments, Round trip mileage will be considered travel from Service Providers Greeley Office to Respondent's location and return trip to Greeley. Payment of mileage allowance shall be made whether Is successful or unsuccessful. Total Services Cost $5,000.00 (Transfer the total to Exhibit III, PURCBASE OF SERVICES AGRa"ENET BUDGET.) • EXHIBIT III PURCHASE OF SERVICES AGREEMENT BUDGET FOR PERIOD OF .lanna%.y T 1937 THROUGH December 31, 1987 1. Services costs. (From Exhibit II) S 4,non nn 2. Travel (itemize by purpose) $ 7.000 00 3. Training Costs (itemize) $ NA 4. Specific Direct Costs (itemize) S. Other expenses (itemize) $ NA Total Costs $ s,aDn nn -. . j n , • EXHIBIT IV . PURCHASE OF SERVICES SPECIAL PROVISIONS (1) . QUALIFICATIONS OP EMPLOYEES . The Process Serving Firm agrees to only employ individuals of good character and specifically agrees that it's employees shall be free of Criminal histories and agrees that it's employees shall not be individuals who are being prosecuted by the Child Support Enforcement Office. (2) CONFIDENTIALITY The Process Service Firm agrees -that information provided by the Child Support Enforcement Unit to the Process Serving Firm for the purpose of obtaining service shall be considered confidential information and shall not be revealed to any third party. (3) Contractor agrees that it is an independent contractor and that it's officers and employees do not become employees of the County nor are they entitled to any employee benefits as County employees as the result of the execution of this agreement. (4) Contractor shall indemnify the County, it's officers and employees against liability for injury or damage caused by any negligent act or omission of any of it's employees or volunteers or agents in the performance of the approved agreement and shall hold the County harmless from any loss occasioned as a result of the performance of the contract by Contractor. The Contractor shall provide necessary Workman' Compensation Insurance at Contractor's own cost and expense. (5) Contractor assures that it will comply with Title VI of Civil Rights Act of 1964, and that no person shall, on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved agreement. (6) County shall have access to contractor's financial records for purposes of audit. Such records shall be complete and available for audit ninety (90) days after final payment hereunder and shall be retained and available for audit purposes for five years after • final payment hereunder. (7) Contractor may not assign or transfer the approved agreement, any interest herein or claim thereunder without the prior written approval County. • 8G12_g (( MEn ORAnDUm WILDTom David To Weld County Attorney Dee December 11, 1986 Eugene McKenna, Director, Weld County Department of COLORADO From Social Services Subject= Contract with Greeley Subpoena Service — Child Support Tom, request that you review the attached contract; and if everything is okay, submit to our County Commissioners for their review. Greeley Subpoena Services would be used primarily to serve Child Support papers. The, contract form is a standard one recommended by the State Department of Social Services. £f you have any questions, please advise. Thanks. cc: David Huffman Attachment EMCK:rm .....-..,-s-C.; ,. RiCHARD D.IAMM Qoc coc DEPARTMENT OF SOCIAL SERVICES Governorrrn g 717 SEVENTEENTH STREET RUBEN A VAIDEZ. ♦fi r P.O. BOX 181000 Executive Director +1876+ DENVER,CO 80218-0899 t rim cm "a iTh 1C I 'il JAN 26_199,1 6 ,i 'i S r1 titer rd.] Januay 19, 1987 cam-Esc COLO. Jackie Johnson Weld County Commissioner P.O. Box 758 Greeley CO 80632 Dear Commissioner Johnson: This letter is to inform you that the Purchase of Services Agreement between Greeley Subpoena Service and the weld County Department of Social Services has been approved by this office. Please be advised that the Agreement's budget is approved for purposes of allocation only. Specific line item expenditures which require the prior written approval of the State Department, pursuant to Staff Manual Volume 6, must be requested on an expenditure by expenditure basis using Form CSE-23, Approval for Expenditures. If you have any questions, please call the State Division of Child Support Enforcement at 294-5994. Sincerely, 1 � L o Maynard Chapman, Acting Director Division of Child Support Enforcement MC:lrt cc: Eugene McKenna Director of Weld County - Department 'of Social Services Greeley Subpoena Service , ,. ^". 5-31-1014 1J ... v RESOLUTION RE: APPROVE PURCHASE OF LEGAL SERVICES AGREEMENT BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND JIM L. POPE 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 Weld County Department of Social Services is responsible for the development and implementation of a program to secure support and establish paternity for children receiving AFDC ' benefits and those otherwise eligible, but not receiving an assistance payment grant, and WHEREAS, in 1986, the Weld County Department of Social Services and Jim L. Pope entered into an Agreement which stated that Mr. Pope would: 1) Assist the Department in providing the services necessary to establish paternity and secure support for children receiving AFDC awl those otherwise eligible, but not receiving an assistance payment withii, the meaning of Federal regulations pertaining thereto; and 2) Assist in other matters of common concern to the Department, and WHEREAS, the Department of Social Services is requesting that said Agreement with Jim L. Pope be renewed for the year 1587, and WHEREAS, the Board, after studying said renewal Agreement, deems it advisable to approve same, with the terms and conditions being as stated in 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 renewal of the Purchase of Legal Services Agreement between the Weld County Department of Social Services and Jim L. Pope be, and hereby is, approved. SS 0C1a acs C v,je, C..• 861220 Page 2 RE: PURCHASE OF LEGAL SERVICES - POPE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: ‘711^,A0 % F��,^� WELD COUNTY, CO 0 'O Weld County erk and Recorder and Clerk to the Board a.. a o airman BY: 7/� (� • , � -Tem Deputy t'unty erk , EXCUSED DATE OF TONING - AYE APPROVED AS TO FORM: Gene R. Brantner )----7)7 C � � v42, ,t- CountYAttorney /j Frra�Kk Y�a c/�r 861220 Contract Number (State Use Only) Renewal PURCHASE OF LEGAL SERVICES AGREEMENT • Weld County DEPARTMENT OF SOCIAL SERVICES This agreement is executed as of January 1 , 1987 by and between Jim L. Pope - hereinafter ("Services Provider") and the weld County Department of Social Services (hereinafter "Department): WITNESSETH THAT • WHEREAS, the_ Department, under Part 0 of Title IV of the Social Security Act, 45 CFR Parts 232, 301 , 302, 303, 304, 305, and 26-13-101 et. seq. , C.R.S. 1973, as amended, has been delegated responsibility for the development and � implementation of a program to secure support and establish paternity for children receiving AFDC benefits and those non-AFDC individuals upon application for such services, and - f WHEREAS, the Department desires to enter into an agreement with the Services Provider to: 1 ) assist the Department in providing the services necessary to establish •paternity, establish support obligations, and secure support for children receiving AFDC and those otherwise eligible but not receiving an assistance payment within the meaning of Federal regulations pertaining thereto, upon application for such services, and 2) assist in other child support enforcement matters of common concern to the Department and the Attorney, and WHEREAS, the Services Provider is desirous of entering into such an agreement with the Department; Now, THEREFORE: The Department and Services Provider, in consideration of the promises and mutual covenants as hereinafter contained, do hereby agree as follows: 1. Scone of Services Services shall be provided to AFDC grant recipeints and to non-AFDC individuals upon application by the Services Provider in compliance with Exhibit I entitled, Scope of Services, a copy of which is attached hereto and made a part hereof by reference. s `'zo 2. Duration of Agreement This agreement -- shall be in` effect' from-7an+:aryr 1_._ ' , 19R7 . ; , through IIe^aIDt;ar 31, 19n, but not to exceed twelve (12) months. a` 3. - Renewal - - , _ This agreement may be renewed by mutual consent, provided that each - renewal shall be for ' a period not to exceed twelve (12) months. Each renewal shall be reduced to writing on Form CSE-5, "Renewal of Agreement", properly executed, and made a part of this agreement. Said renewals shall contain appropriate amendments to Exhibit IX, "Purchase of Legal Services Agreement Hourly Rate"; and Exhibit III, "Purchase of Legal Services Agreement Budget". Said renewals are expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties to the agreement. 4. Payment A. Payment shall be made on the basis of Exhibit III, entitled "Purchase of Legal Services Agreement Budget", a copy of which is attached hereto and made a part hereof by reference, for services provided pursuant to Exhibit I. The Purchase of Legal Services Agreement Budget shall establish the maximum reimbursement which shall be paid from combined county, State and Federal funds during the duration of this agreement. `� B. The Attorney shall submit itemized monthly billings for reasonable costs incurred pursuant to Exhibit I of this agreement to the - Department in accordance with the rules and regulations of the State Department of Social Services. The Department shall pay the Attorney upon receipt of such billing as follows: 1) Reasonable Costs are defined as: The number of hours worked by the Attorney multiplied by the hourly rate specified in Exhibit II."Purchase of Legal Services Agreement Hourly Rate". Ibis hourly rate shall include all overhead charges and charges for the ancillary services of typists, secretaries, paralegals, and other personnel and shall identify such personnel by title and function. 2) Direct charges for travel related to providing services under this agreement. All expenditures for out-of-state travel for which reimbursement is requested must receive prior written approval of the State Department of Social Services. 3) Direct charges for reasonable and essential short term training for staff providing services under the agreement. All training for - which reimbursement is requested must receive prior written approval. of .the State Department of Social Services. - 4) Specific direct charges for other costs related to providing services under the agreement including filing fees, long distance telephone calls, blood tests, polygraph tests, expert witness fees, transcripts, end services purchased from subcontractors. • • 5) All other expenses must receive prior written approval by the State Department. These may include, but are not limited to, capital outlay, automated data processing, lease or purchase of vehicles and purchase of services from subcontractors. C. Federal reimbursement of costs incurred pursuant to this agreement is expressly contingent upon the availability of federal funds. D. Attorney shall not hilt department for and shall not be reimbursed for time involved - in activities outside of those defined in Exhibit I, unless prior written approval of the department and state department is obtained. • 5. Duties of the Department The Department shall provide the Attorney with all pertinent information available to the extent that such information is relevant to the services to be performed pursuant to this agreement. 6. Termination for Convenience This agreement may be terminated without cause by either party upon written notice of at least thirty (30) days. Upon such termination, the Attorney shall furnish to the Department, as property of the Department, all property, records and pertinent information which the Department provided under this agreement. When the attorney provides said property, records and information to the Department, the Department shall pay the Attorney for reasonable costs incurred through the last day of this agreement in accordance with clause 4 entitled, "Payment". 7. Amendment This agreement may be amended in whole or in part by mutual consent, provided that said amendment be reduced in writing on Form CSE-4, properly executed and made a part of this agreement. All amendments are expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties of the agreement. l enri 8. Reports, Records, a,,:d Retention Periods The Attorney shall maintain such records as are deemed necessary pursuant to the State Department of Social Services' rules to assure a proper accounting for all costs and funds collected. These records will be made available for audit purposes to the U.S. Department of Health and Human Services, the State Department of Social Services, the County Department . of Social Services, or any authorized representative of the State of • Colorado, and will be retained for six (6) years after the expiration of this contract unless permission to destroy them is granted by the State Department of Social Services. The Attorney shall make financial, program progress and other reports as requested by the County or State Department of Social Services. 9. Equipment Purchased with Federal. State and County Money Equipment with an acquisition cost of less than $300 may be purchased by the Attorney pursuant to this agreement. Equipment with an acquisition cost of $300 or more may be purchased upon prior written approval by the State department and shall be capitalized and depreciated over the useful service life of the equipment. 10. Confidentiality Information provided by the County Department of Social Services in futherance of the aims and purposes of this agreement shall be used only for the purpose intended and in accordance with Federal and State laws and ' ) regulations. U. Safeguarding Information The attorney shall provide for the security of information collected pursuant to this agreement and as provided in the rules and regulations of the State Department. 12. Political Activities None of the funds, materials, property, personnel or services contributed by the United States, the State Department of Social Services or the County Department of Social Services under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office in a manner which would constitute a violation of 5 U.S.C. Sections 1501 et.seq. 13. Religious Activity There shall be no religious worship, instruction or proselytization as part of or in connection with the. performance of this agreement. • 881`"2n 14. Non-Discrimination- In connection with the performance of services under this agreement the Attorney agrees to comply with the provisions of the laws of Colorado, the CIVIL RIGHTS ACT of 1964, as amended, the Regulations of the Department of Health and Human Services issued pursuant to that Act, the provisions of Executive Order 11246, EQUAL EMPLOYMENT OPPORTUNITY, dated September 24, 1965, as amended, and Section 504 of the REHABILITATION ACT of 1973, as amended. 15. Studies and Investigations All official reports of cases, recoveries, investigations, studies, etc., made as a result of this agreement shall acknowledge the support provided • by :the Department of Health - and- Human Services and Colorado Department of Social Services. • 16. Federal and State Laws and Regulations This agreement shall be performed in compliance with the Social Security Act, as amended, the Federal regulations and amendments thereto which implement the Social Security Act, and the rules and regulations of the State Department of Social Services, as amended. • 17. Subcontracts No subcontract shall be made by the Attorney with any other party for Jfurnishing any servic^.s contracted for without the prior written consent, and approval, of the Department. For services provided under any subcontract, the Attorney shall be responsible for contract performance and compliance with the terms and conditions of this agreement. The Attorney shall select subcontractors on a competitive basis to the maximum practical extent consistent with the objectives and requirements of this ' agreement. 13. Special Provisions The attorney and Department agree to the special provisions described in • Exhibit Iv, entitled, "Purchase of Legal Services special Provisions", a copy of which is attached hereto and made a part hereof by reference. 19. Responsibility for Conduct of Individuals The attorney is solely responsible for the conduct of individuals employed by the attorney, or under the direct supervision of control of the attorney, identified in Exhibit II, ^Purchase of Legal services Agreement Hourly Rate". Governmental functions provided in support of the child support enforcement program by individuals other than those identified in Exhibit II are not the responsibility of the attorney except for acceptance or rejection of the work product of such individuals. 1 • '� `.2o IN WITNESS WHEREOF • 0 Department and Attorney have caused this agreement to be executed l by their respective officers duly authorized to do So. This agreement is expressly made subject to the approval of the Executive Director, Colorado Department of Social Services, or his designee; however, the State of Colorado, the Colorado Department of Social Services, the Executive Director, or his designee, are not parties of the agreement. CC my Director Date `,Arse /� /pZ4. * // ' as t orney Date M ber ounty and of Social Services Date M . - .. . Boa d ocial Servcies Date APPROVED: STATE OF COLORADO RICHARD D. LAMM, GOVERNOR /V Member Coun y Boa of Social Services Date E cu ive Direnta cto Date ember County Board of olorado Departm t of Social Social Services Date Services 4-/) or4 MembeYCe dof Social Servic Date *If the Board of Social Services resolves to empower the Chairman of the Baord of Social Services to enter into and sign this:agreemer•t for the County Commissioners, then a copy of the Board's resolution to do so,must be attached. . ATtEST: 1l^ f `' ', - WELD COUNTY C ERK AND'RtCORDER AND L ERK TO BOARD f-ACF r>215 . .. Cov, ty Clerk /Y E](HIBIT I S : _y -` SCOPE OF SERVICES '-t- ' .7'1.-- :D Page 1 of 2 '' A. Services (Check appropriate bones) AFDC Non—AFDC 1.1_1 1 i INTAKE — Activities associated with initial child support case opening and information collection. . 2.1_] [_] LOCATE — Activities associated with locating an absent parent and assets of the absent parent. 3.12] k j FINANCIAL- ASSESSMENT — Activities related to • determining an absent parent's ability to provide support. 4.1x] f ] PARENTAGE DETERMINATION - Activities related to _ determining the parentage of dependent children (CRS 19-6-101, et seq, 14-5-128). 5.( 1 ] ESTABLISHMENT OF THE AMOUNT OF SUPPORT - Activities related to determining the amount of an absent parent's child support obligation including methods and terms of payment (CRS 14-10-115, 19-6-116, 19-7-103, 14-5-125). _ ) 6.1XX] fl1 ESTABLISHMENT OF THE LEGAL OBLIGATION TO SUPPORT L Activities related to determining an absent parent's legal obligation to support his/her child(ren) (CRS 14-10-115, 19-6-116, 19-7-103, 14-5-125). 7.[21 1(21.] CRESS - Activities related to child support enforcement reciprocal support actions (14-5-101, et seq). 8. [_] 1_] COLLECTION - Activitiea related to monitoring support payments and processing cash flow pursuant to the Finance Staff Manual requirements. 9. [XX] PC] ENFORCEMENT - Activities to enforce the collection of support including, but not limited to, obtaining judgments (CRCP Rule 54). executing post judgment remedies (such as continuing wage garnishment - CRS 14-14-105 and 13-54-104(3), CRCP Rule 103, property ' liens - CRS 13-52-101, et seq, CRCP Rule 102, CRCP Hale 69), and obtaining wage assignments (CRS 14-14-107) ea 122 • Page 2 of 2. (_] INVESTIGATION - Activities related to investigation_ necessary to accomplish child support enforcement functions. 11.(, I (yi REPORTING - - Activities related to providing statistical, fiscal, and other records necessary for reporting and accountability as required by the State Department and the Department of Health and Human Services (HISS). B. Address(s) and telephone number(s) where services will be provided: • • rrr2O 4 unlalt II #K ,. " PURCHASE OP LEGAL SgRVICES ACRE NT HOURLY RATE_ The rate to be charged for attorney time under this agreement is $ 41. ?0 per hour. This rate includes all overhead charges for the ancillary services of typists, secretaries, paralegals and other personnel identified by title and function as follows: TITLE FUNCTION Attorney Child Suonort Enforcement • BSHIHrrIt IYI - PURCHASE OF LEGAL SERVICES AGREEXENT BUDGET • FOR PERIOD OF JnnHrl rlr 1 198.2 THROUGH r ramhrsr 31 1953.2_- I. Attorney Costs 100 hours z S 43.20 per hour $ 4,320.00 2. Travel Costs (itemize by purpose) S 680.00 • 3. Training Costs (itemize) S • • 4. Specific Direct Costs (itemize) $ 5. Other expenses (itemize) $ Total Costs S 4.non,OO r-•1 22,0 f: EXHIBIT IV PURCHASE OF LEGAL SERVICES SPECIAL PROVISIONS Mr. Pope will have an office within the Weld County Department of Social Services, 315 North 11th Avenue, Greeley, CO. 80631. He is hired with the expectation that 10% of his time will be spent as Staff Attorney to represent the office of Child Support Enforcement. • • • • • _1 feifT6, mEmoRAn®ut IICR Tom David To Weld County Attorney Date December 15, 1986 Eugene McKenna, Director, Weld County Department of COLORADO From Social Services Subject Child Support Agreements Dear Tom: Request your review and submittal to our County Commissioner Board for the attached child support agreement. The amount is for $5,000 and would enable Jim Pope to spend approximately 100 hours in the Child Support area. It is similar to the agreements that we've had in the previous one or two years. If you have any questions, please give me a call. Thanks for your help. Attachment EMcK:rm RICHARD D.LAMM pf.COto, DEPARTMENT OF.SOCIAL SERVICES covemor �� '' 0 717 SEVENTEENTH STREET RUBEN A VALDEZ . r P o.BOX 1$1900 Ira), cvY r Executive Director +'raga` DENVER,CO 80218-0899 r }, of i JAN26 January 19, 1987 Jackie Johnson Weld County Commissioner P.O. Box 758 Greeley C0 80632 Dear Commissioner Johnson: This letter is to inform you that the Renewal of Purchase of Legal Services Agreement between Jim L. Pope and the Weld County Department of Social Services has been approved by this office. Please be advised that the Agreement's budget is approved for purposes of allocation only. Specific line item expenditures which require the prior written approval of the State Department, pursuant to Staff Manual Volume 6, must be requested on an expenditure by expenditure basis using Form CSE-23, Approval for Expenditures. If you have any questions, please call the State Division of Child Support Enforcement at 294-5994. Sincerely, mdcAr Maynard Chapman, Acting Director Division of Child Support Enforcement MC:lrt cc: Eugene McKenna Director of Weld County Department of Social Services Jim L. Pope • • 395-65-31.1014 RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER FROM TPET, INC. , 200 ONE LINCOLN CENTRE, 5400 LBJ FREEWAY, DALLAS, TEXAS 75240 AND AUTHORIZE CHAIRMAN 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, Weld County, Colorado, is the holder of a certain lease with ROC Exploration, Inc. , said lease having been assigned to Vaughn Bros. Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 7 North, Range 58 West Section 10: NEB Sigh Weld County, Colorado WHEREAS, TPET, Inc. has submitted an Oil and Gas Division Order on the subject property, and WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and WHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by the Weld County Attorney, Thomas O. David, and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Oil and Gas Division Order as submitted by TPET, Inc. , 200 One Lincoln Centre, 5400 LBJ Freeway, Dallas, Texas 75240, on the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by' the Board that the Chairman be, and hereby is, authorized to sign said Division Order. • � fpo+2 QC : -^7_-n Ace;t 861222 Page 2 RE: DIVISION ORDER - TPET, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd. day of December, A.D. , 1986_ BOARD OF COUNTY COMMISSIONERS ATTEST: (AAn ?U✓bPt - WELD COUNTY, CCk. ' • weld County Clerk and Recorder and Clerk to the Board +a•que i&Z, a -o , • hairman BY: 7' 4, 7Go cy l "• - em Deputy tounty'l7q rh EXCUSED DATE OF '.' GNING - AYE APPROVED AS TO FORM: Gene R. Brantner C.W. Kirby if r County A torney Tic:/ -41 Y guc far 861222 AR2083734 DIVISION ORDER Date: December 3, 1986 Well Name: Eldon N. Scbneeckle #2 Lease Number: 77361 Effective Date: September 1, 1986 TO: TPET, Inc. 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 oV 0 ti 0 This division order applies to oil, gas, condensate and/or distillate or the t.) proceeds from the sale thereof produced from the following described well and ca land, to wit: W 0 The Northeast quarter o£ the Southwest quarter (NE/4 SW/4) of Section 10, o W Township 7 North, Range 58 West, Weld County, Colorado, said lands being 9a subject to the terms of an oil and gas lease dated June 18, 1980, by and 0 between Weld County, Colorado, a political subdivision of the State of pUj Colorado, Lessor, and ROCbeing cw Exploration, Inc., Lessee, lease recorded at -+ Book 906, Reception #1828160 of the county records of Weld County, Colorado. •. ys N g Each of the undersigned certifies and guarantees the interest set out on Exhibit "A" attached hereto and made a part hereof, opposite the name of the co Uundersigned is the interest owned by the undersigned in the oil, gas, condensate and/or distillate or proceeds from the sale thereof from the above z described property, and you will give credit for such interest shown on Exhibit twv W "A" according to the following directions: NH � a 1. Until further written notice, you or your assignees, nominees or vendees W are authorized to purchase or to deliver to other purchasers for the account of row the undersigned and to receive the proceeds thereof, the oil, gas, condensate and/or distillate from the above described property. 0o z o z r44 2. For all gas taken hereunder, the undersigned will be paid the price received by TPET, Inc. for such gas, under any presently existing or any further contracts for the sale of gas, at the delivery point, less costs incurred in making delivery of such gas from the wellhead including, but not by co way of limitation, the costs of gathering, dehydrating, compressing, treating, MCn cri and transporting the gas. = 44 3. For oil, condensate, distillate or other liquid hydrocarbons taken hereunder, the price therefor shall be the same price received by TPET, Inc. therefor at the well, after deducting therefrom a reasonable sum to covet the costs and expenses of treating and marketing such product. If, in order to market such products, it is necessary to transport same by truck or barge to a marketing point, then in that event, TPET, Inc. is authorized to deduct from the proceeds for such products the trucking or barging charges. Proper deductions will be made for water, dirt, sediment, and other impurities and corrections for temperature will be made in accordance with established rules prevailing at the time and place of delivery. 4. In the event the price received by TPET, Inc. and paid to the undersigned for the oil, gas, condensate and/or distillate from the above described property is in excess of the maximum legal price that may be collected and paid, then the undersigned agrees to refund to you such excess with interest as determined under the applicable Federal or State laws, :ales, and regulations. 5. The undersigned agrees to indemnify you and hold you harmless from any liabilities for any tax imposed or assessed against the undersigned's interest hereunder and hereby authorizes you to deduct and pay such tax or taxes. 6. Each of the undersigned warrants the title to the particular interest credited to the undersigned herein but, without impairment of such warranty, agrees that in of any adverse claim of title, the undersigned will furnish a bond satisfactory to you, executed by a surety company as indemnity against such claim and further agrees that you may retain the purchase (or sales) price • TPET, Inc. Division Order Page 2 of the oil, gas, condensate and/or distillate without any obligations to pay interest thereon until such bond be furnished, or until the dispute as to ownership be settled in a manner satisfactory to you. Each of the undersigned hereby ratifies and confirms the oil and gas lease or leases and assignments and/or subleases pertaining thereto covering the tract or tracts as to which the undersigned is credited with an interest, and recognizes said agreements to be presently valid and subsisting in accordance with its or their terms, and -a0 the consideration for the execution of this ratification is the proceeds from o o production obtained from the unit well. 0 CVO 7. The undersigned agrees to notify you in writing of any change in ownership or of interest and to furnish you with a certified copy of the instrument W,a evidencing such change. Any transfer, assignment or conveyance of any interest 23 in said oil or gas shall be made subject to this division order and effective o a4 at seven o'clock A.M. on the first day of the calendar month following receipt W of such certified copy of instrument by you. 0 8. Each of the undersigned hereby authorizes TPET, Inc. to withhold without rya liability for interest his share of said oil, gas, condensate and/or distillate during such time as the title to his interest in such oil, gas, condensate .a and/or distillate or lands is involved in any suit, or during such time as in ,-i tc the opinion of TPET, Inc. 's attorney a cloud exists on his title, unless the owner of the title furnishes indemnity satisfactory to TPET, Inc. to O co U 9. You are hereby relieved of any responsibility for determining when any of N N the interests shown on Exhibit "A" shall increase, diminish, be extinguished, W or revert to others as a result of payments from said interests or as a result .c' vi of increase or decrease in production, and you are hereby authorized to • ba continue to remit, pursuant to the division of interest set forth on Exhibit "A" attached hereto until you receive notice in writing to the contrary by mail addressed to you at the address shown above, together with a certified copy of • z the instrument evidencing such change. 0 10. Each owner of a working interest in the land described above warrants that o a the royalties and/or overriding royalties applicable to the working interest owned by such owner are correctly set out and owned as shown on this division order. Each such owner of a working interest hereby authorizes and directs you m M to make payment for all royalties and/or overriding royalties that may become ri due and attributable to the working interest of the undersigned in accordance with this division order. Each such owner of a working interest in said land OIL agrees you will be free of any liability for payment made in accordance with ----- this division order. 11. This division order shall be effective as to each party signing same irrespective of whether or not any other party whose name appears in Exhibit "A" attached hereto executes this instrument or any other instrument of similar import. 12. This division order shall inure to the benefit of TPET, Inc. and the undersigned, their heirs, successors, and assigns; and, the undersigned, and each of them, by executing this division order, hereby agrees that the persons, partnerships, corporations, or firms to whom you may sell or market all, or any part, of the production produced from or allocated to the lands described above may make payment to you for all such production purchased from the undersigned; that they will look solely to ycu for payment of their interest in such production which is being purchased from them hereunder; and that, insofar as concerns and to the extent of their interest owned hereunder, that they hold harmless, protect and indemnify all purchasers from you against any and all claims, damages, and expenses of whatsoever nature in connection with the purchase of such production by said purchaser and the payment to you for same. TPET, Inc: Division Order Page 3 ATTEST: WITNESS'S: OWNER (please type or print): ay BOARD OF COUNTY COMMISSIONERS e V AY WELD COUNTY, COLORADO oen V R� p By: AUTHORIZED SIGNATURE: Wap e 0 DATE o w %� sue ne on on, Chairman tn-I4 eji ��DRESS: P.O. Box 758 v `\ Greeley, CO 80632 g p0 w V SOCIAL SECURITY OR TAX 1.D. NUMBER: • C4 H 84-6000-813 V] W gyp MW n:k� 4 o WITNESSES: OWNER (please type or print): bmi a.00 AUTHORIZED SIGNATURE: .t'., DATE: ADDRESS: SOCIAL SECURITY OR TAX I.D. NUMBER: Important: To avoid delay in payment, your correct address and your Social Security Number or Tax Z.D. Number must be clearly shown. EXHIBIT "A" Attached to and made a part of the oil, gas, condensate and plant product Division Order covering lease #77361, effective September 1, 1986, covering production from the Eldon N. Schmeeckle No. 2 in the Northeast quarter of the Southwest quarter of Section 10 o u Township 7 North, Range 58 West, Weld County, Colorado. OWNER NUMBER CREDIT TO ADDRESS INTEREST U 92930 County of weld .125 RI a Board of County Commissioners o Weld County Centennial Center o a 915 10th Street +�w Greeley, Colorado 80631 2 Tax I.D. #846000813 19542 Benny D. Duncan .0058 ORRI 3700 First International Bldg. ,; Dallas, Texas 75270 �+ a SS #451-68-8952 co to a 83460 Robert K. Taylor .00875 ORRI a z 6011 Highcourt Place \w Dallas, Texas 75240 Ncr. SS #558-32-2206 83380 Irma June Taylor .00875 ORRI ,�., w 7628 Pennyburn r- w Dallas, Texas 75248 cal SS #572-36-3412 0 oet 53322 Earle S. Lougee .0058 ORRI 6714 Orchid Lane curcc 'c4Z Dallas, Texas 75230 SS #118-03-6546 ma, MCI" ri Tr 78800 Dale 0. Reese .0084 ORRI C9 w 6816 Roundrock Dallas, Texas 75248 SS #356-28-3456 77780 Thomas E. Scott .0175 ORRI 325 Canyon Valley Drive Richardson, Texas 75080 SS #464-56-5089 19441 Duer Wagner, Ji. .329360 WI 1420 Continental Plaza Fort Worth, Texas 76102 SS #461-38-0468 83222 Tasco Exploration Company, Inc. .06720 WI 325. Canyon Valley Drive • Richardson, Texas 75080 85165 TPET, Inc. .276560 WI 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 95840 WT 1980-B, Ltd. .146890 WI c/o TPET, Inc. General Partner 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 rC ^17 • EXHIBIT "A" Attached to and made a part of the oil, gas, condensate and plant product Division Order covering lease #77361, effective September 1, 1986, covering production from the Eldon N. Schmeeckle No. 2 in the Northeast quarter of the Southwest quarter of Section 10 v o Township 7 North, Range 58 West, Weld County, Colorado. 00 O OWNER NUMBER CREDIT TO ADDRESS INTEREST U a 92930 County of Weld .125 RI c .7 Board of County Commissioners a Weld County Centennial Center c x 915 10th Street trr o Greeley, Colorado 80631 o Tax I.D. #846000813 a19542 Benny D. Duncan .0058 ORRI 3700 First International Bldg. -• Qs Dallas, Texas 75270 • ga SS #451-68-8952 cou oa 83460 Robert K. Taylor .00875 ORRI N 6011 Bighcourt Place `w Dallas, Texas 75240 C12 E4 SS #558-32-2206 tim w 83380 Irma June Taylor .00875 ORRI w ,'"., 7628 Pennyburn • n w Dallas, Texas 75248 m �z S5 #572-36-3412 (Net 53322 Earle S. Lougee .0058 ORRI 6714 Orchid Lane x Dallas, Texas 75230 SS #118-03-6546 O1 Mr) a' r4 .O 78800 Dale O. Reese .0084 ORRI w 6816 Roundrock Dallas, Texas 75248 SS #356-28-3456 77780 Thomas E. Scott .0175 ORRI 325 Canyon Valley Drive Richardson, Texas 75080 SS #464-56-5089 19441 Duer Wagner, Jr. .329360 WI 1420 Continental Plaza • Fort Worth, Texas 76102 SS #461-38-0468 83222 Tasco Exploration Company, Inc. .06720 WI 325 Canyon Valley Drive Richardson, Texas 75080 85165 TPET, Inc. .276560 WI 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 95840 WT 1980-B, Ltd. .145890 WI c/o TPET, Inc. General Partner 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 • t. Z 3 ti 1 {{.C4 4,741. 3 1:4. L.r 1 .'. i�naawaatwao �}` za „9reprsoet`?vwr'tta- a 90 rx'41x.p. MPc r"ee > iqI1 1 Y i . 8 'n to =s az m E f or ref 2t' 2t . f ;14mcvooca 01 w � r $ I al p ail 3 P$Form 3800. June 1995 U_ y a o 9: jj _ i t_r �E-' N l 216.g . .,..7 , 01 2 n a". t_. .p 07+ _ \ 3 1 { 1 T� tt canrz 1 tr; tI a \H. . (5,0P., `I 043 op p . 2 ; e1 e' 1 1 ; azzy , ago w c -4 - y 2bjc I I tr n law D •a , i ( 1 1 ;v [=10 :47 'C'�.,t 2. ' I o yzc - " o L 1 1 - i c b - TPA, IE - _ Jim J� December 10, 1986 �` "5 vi GRz-LAY COLD. �� Dear Interest Owner: Enclosed are two copies of the Division Order on the $2 Schmeeckle well. Please execute both copies according to the attached instructions and return one copy in the enclosed self- addressed envelope, retaining the second copy for your file. Your prompt attention to this matter will enable us to place your interest in line fox payment. Sincerely, Amy M. Johnston Land Department /aI117. Enclosures I, 7': '.72 200 One Lincoln Centre 5400 LAI Freeway I alhc.Texas 75240 214-6661.1424 A Subsidiary of Temper Energy Corporation RESOLUTION RE: APPROVE OIL AND GAS DIVISION ORDER FROM TPET, INC. , 200 ONE LINCOLN CENTRE, 5400 LBJ FREEWAY, DALLAS, TEXAS 75240 AND AUTHORIZE CHAIRMAN 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, Weld County, Colorado, is the holder of a certain lease with ROC Exploration, Inc. , said lease having been assigned to Vaughn Bros. Oil Company, and WHEREAS, said lease covers land more particularly described as follows: Township 7 North, Range 58 West Section 10: SW1 SW1 Weld County, Colorado WHEREAS, TPET, Inc. has submitted an Oil and Gas Division Order on the subject property, and WHEREAS, Weld County is entitled to a one-eighth royalty interest on production, and wHEREAS, in order to receive said royalty interest, Weld County must execute said Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Division Order has been reviewed by the Weld County Attorney, Thomas O. David, and found to be in order, and WHEREAS, the Board deems it advisable to approve said Division Order on the parcel of land described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Oil and Gas Division Order as submitted by TPET, Inc. , 200 One Lincoln Centre, 5400 LBJ Freeway, Dallas, Texas 75240, on the hereinabove described parcel of land be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 861221 Page 2 RE: DIVISION ORDER - TPET, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of . December, A.D., 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: fit f - ' WELD COUNTY, COLORADO r�e cam-en 472.LnP:ssrmit Weld County Clerk and Recorder and Clerk to the Board J- que on, •'airman BY: ace ��1 Go .oT.�-•:ofticy em Deputy�Coun y erk APPROVED AS TO FORM: Gene R. Brantner C.W. K'r u yA torn y Era- Y ague 861221 AR208173S DIVISION ORDER Date: December 3, 1986 Well Name: Eldon N. Schmeeckle #1 Lease Number: 77360 o 0 Effective Date: September 1, 1986 0 TO. TPET, Inc. p 200 One Lincoln Centre o 5400 LBJ Freeway Dallas, Texas 75240 oW 0 o x This division order applies to oil, gas, condensate and/or distillate or the `"c proceeds from the sale thereof produced from the following described well and 0 land, to wit: O O (NI a The Southwest quarter of the Southwest quarter (SW/4 SW/4) of Section 10, . Township 7 North, Range 58 West, Weld County, Colorado, said lands being subject to the terms of an oil and gas lease dated June 13, 1980, by and ~ between Weld County, Colorado, a political subdivision of the State of Colorado, Lessor, and ROC Exploration, Inc., Lessee, lease being recorded at WO Book 906, Reception #1828160 of the county records of Weld County, Colorado. Nz Each of the undersigned certifies and guarantees the interest set out on 04• m Exhibit "A" attached hereto and made a part hereof, opposite the name of the undersigned is the interest owned by the undersigned in the oil, gas, a condensate and/or distillate or proceeds from the sale thereof from the above c+iW described property, and you will give credit for such interest shown on Exhibit .�, r according to the following directions: 0 E oz e 4 1. Until further written notice, you or your assignees, nominees or vendees >4 are authorized to purchase or to deliver to other purchasers for the account of the undersigned and to receive the proceeds thereof, the oil, gas, condensate and/or distillate from the above described property. rn 0 2; 2. For all gas taken hereunder, the undersigned will be paid the price r4 '' received by TPET, Inc. for such gas, under any presently existing or any Mkt further contracts for the sale of gas, at the delivery point, less costs incurred in making delivery of such gas from the wellhead including, but not by way of limitation, the costs of gathering, dehydrating, compressing, treating, and transporting the gas. 3. For oil, condensate, distillate or other liquid hydrocarbons taken hereunder, the price therefor shall be the same price received by TPET, Inc. therefor at the well, after deducting therefrom a reasonable sum to cover the costs and expenses of treating and marketing such product. If, in order to market such products, it is necessary to transport same by truck or barge to a marketing point, then in that event, TPET, Inc. is authorized to deduct from the proceeds for such products the trucking or barging charges. Proper deductions will be made for water, dirt, sediment, and other impurities and corrections for temperature will be made in accordance with established rules prevailing at the time and place of delivery. 4. In the event the price received by TPET, Inc. and paid to the undersigned for the oil, gas, condensate and/or distillate from the above described property is in excess of the maximum legal price that may be collected and paid, then the undersigned agrees to refund to you such excess with interest as determined under the applicable Federal or State laws, rules, and regulations. 5. The undersigned agrees to indemnify you and hold you harmless from any liabilities for any tax imposed or assessed against the undersigned's interest hereunder and hereby authorizes you to deduct and pay such tax or taxes. 6. Each of the undersigned warrants the title to the particular interest credited to the undersigned herein but, without impairment of such warranty, agrees that in case of any adverse claim of title, the undersigned will furnish a bond satisfactory to you, executed by a surety company as indemnity against such claim and further agrees that you may retain the purchase (or sales) price 8r1 ?21 TPET, Inc. Division Order Page 2 of the oil, gas, condensate and/or distillate without any obligations to pay interest thereon until such bond be furnished, or until the dispute as to ownership be settled in a manner satisfactory to you. Each of the undersigned hereby ratifies and confirms the oil and gas lease or leases and assignments and/or subleases pertaining thereto covering the tract or tracts as to which to the undersigned is credited with an interest, and recognizes said agreements to c U be presently valid and subsisting in accordance with its or their terms, and the consideration for the execution of this ratification is the proceeds from N o production obtained from the unit well. W7. The undersigned agrees to notify you in writing of any change in ownership 0 3 or of interest and to furnish you with a certified copy of the instrument ci x evidencing such change. Any transfer, assignment or conveyance of any interest u}Q in said oil or gas shall be made subject to this division order and effective z at seven o'clock A.M. on the first day of the calendar month following receipt of such certified copy of instrument by you. (NM 8. Each of the undersigned hereby authorizes TPET, Inc. to withhold without jt; as liability for interest his share of said oil, gas, condensate and/or distillate g during such time as the title to his interest in such oil, gas, condensate ni aU and/or distillate or lands is involved in any suit, or during such time as in : the opinion of TPET, Inc. 's attorney a cloud exists on his title, unless the x owner of the title furnishes indemnity satisfactory to TPET, Inc. N N .2;11 9. You are hereby relieved of any responsibility for determining when any of rig) the interests shown on Exhibit "A" shall increase, diminish, be extinguished, m or revert to others as a result of payments from said interests or as a result 0.1"149 of increase or decrease in production, and you are hereby authorized to r w continue to remit, pursuant to the division of interest set forth on Exhibit z "A" attached hereto until you receive notice in writing to the contrary by mail fa c' addressed to you at the address shown above, together with a certified copy of 0 the instrument evidencing such change. C.) CC 10. Each owner of a working interest in the land described above warrants that ON ri the royalties and/or overriding royalties applicable to the working interest r c owned by such owner are correctly set out and owned as shown on this division '• v order. Each such owner of a working interest hereby authorizes and directs you to make payment for all royalties and/or overriding royalties that may become due and attributable to the working interest of the undersigned in accordance with this division order. Each such owner of a working interest in said land agrees you will be free of any liability for payment made in accordance with this division order. 11. This division order shall be effective as to each party signing same irrespective of whether or not any other party whose name appears in Exhibit "A"attached hereto executes this instrument or any other instrument of similar import. 12. This division order shall inure to the benefit of TPET, Inc. and the undersigned, their heirs, successors, and assigns; and, the undersigned, and each of them, by executing this division order, hereby agrees that the persons, partnerships, corporations, or firms to whom you may sell or market all, or any part, of the production produced from or allocated to the lands described above may make payment to you for all such production purchased from the undersigned; that they will look solely to you for payment of their interest in such production which is being purchased from them hereunder; and that, insofar as concerns and to the extent of their interest owned hereunder, that they hold harmless, protect and indemnify all purchasers from you against any and all claims, damages, and expenses of whatsoever nature in connection with the purchase of such production by said purchaser and the payment to you for same. 9 _>LEJ .� • TPET, Inc: Division Order Page 3 ATTEST: OWNER (please type or print): BOARD OF COUNTY COMMISSIONERS I 4-.,•' WELD COUNTY, COLORADO -4, 0 By: dL iii/ AUTHORIZED SIGNATURE: DA T �� U • 4 -* cque ne o an" , Chairman 2`/22/86 DRESS: P.O. Box 758 0 Greeley, CO 80632 oa v,w 0 w csi a SOCIAL SECURITY OR TAX 1.D. NUMBER: .. w xr� 84-6000-813 cot) C4 Z N I N WITNESSES: OWNER (please type or print): en r- rg4 • aD� ` .o N 0 AUTHORIZE!) SIGNATURE: DATE: cg ADDRESS: caw SOCIAL SECURITY OR TAX I.D. NUMBER: Important: To avoid delay in payment, your correct address and your Social Security Number or Tax I.D. Number must be clearly shown. • EXHIBIT "A" Attached to and made a part of the oil, gas, condensate and plant product Division Order covering lease #77360, effective September 1, 1986, covering production from the Eldon N. Schmeeckle No. 1 in the Southwest quarter of the Southwest quarter of Section 10 Township 7 North, Range 58 West, Weld County, Colorado. OWNER NUMBER CREDIT TO ADDRESS INTEREST 92930 County of Weld .125 RI Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 00 Tax:'I.D. #846000813 v' 0 19542 Benny D. Duncan .0058 ORRI 3700 First International Bldg. Dallas, Texas 75270 SS #451-68-8952 °cc w 83460 Robert K. Taylor .00875 ORRI 0 6011 Highcourt Place 0 Dallas, Texas 75240 SS #558-32-2206 N a - .a 83380 Irma June Taylor .00875 ORRI tn• o� 7628 Pennyburn Dallas, Texas 75248 w SS #572-36-3412 z 53322 Earle S. Lougee .0058 ORRI N M 6714 Orchid Lane aDallas, Texas 75230 SS #118-03-6546 inn n W Pr. 78800 Dale O. Reese .0084 ORRI y 6816 Roundrock Dallas, Texas 75248 SS #356-28-3456 77780 Thomas E. Scott .0175 ORRI 325 Canyon Valley Drive 01 C Richardson, Texas 75080 SS #464-56-5089 '° k` 19441 Duer Wagner, Jr. .329360 WI 1420 Continental Plaza Fort Worth, Texas 76102 SS #461-38-0468 83222 Tasco Exploration Company, Inc. .06720 WI 325 Canyon Valley Drive Richardson, Texas 75080 85165 TPET, Inc. .284540 WI 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 95840 WT 1980-B, Ltd. .138910 WI c/o TPET, Inc. General Partner 200 One Lincoln Centre 5400 LBJ Freeway Dallas, Texas 75240 WET t0r 1:-+-a - 1/4 IIn December 10, 1986 {( ' n Z.5 ` sf itiLip- fl .1D ear Interest Owner: Enclosed are two copies of the Division Order on the #1 Schmeeckle well. Please execute both copies according to the attached instructions and return one copy in the enclosed self- addressed envelope, retaining the second copy for your file. Your prompt attention to this matter will enable us to place your interest in line for payment. Siincerellyy/, �� Amy M. Johnston Land Department /and Enclosures ....200 One Lincoln Centre - et.-:- c.°, 5400 18J Freeway Dallas,Tens 75240 214.661.1624 A Subsidiary of Temper Energy Corponnon RESOLUTION RE: APPROVE VENDOR AGREEMENT CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1986-1987 PROJECT YEAR AND AUTHORIZE CHAIRMAN 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, Title XXVI of the Low-Income Home Energy Assistance Act of 1983, P.L. 97-35, provides for Home Energy Assistance to eligible households, and WHEREAS, the Department of Social Services has presented the Board with an Agreement concerning the Low-Income Energy Assistance Program (LEAP) , for the 1986-1987 Project Year, with Rocky Mountain Natural Gas Division of K N Energy, Inc. for its approval, and WHEREAS, after study and review, the Board deems it appropriate to approve said Agreement, and WHEREAS, the terms and conditions are as set forth in said Agreement, 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 Agreement between the Department of Social Services and Rocky Mountain Natural Gas Division of K N Energy, Inc_ for the 1986-1987 Project Year be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Agreement. 5Soco5 cc • HA" - rfoc,a 861218 Page 2 RE: LEAP AGREEMENT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: thiJi: 0 5 ' WELD COUNTY, RADO f Weld County C ' rk and Recorder and Clerk to the Board J cque n, airman BY: at ji '< G . acy, o- Deputyltounty it erk ASCU APPROVED AS TO FORM: Gene R. Brantner / 5 py / GZ /y C.W/Kirby e -) C my Attorney r. r Yamaguc = • 861218 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT 22nd day of December 198 6 by and between the Ag. _cment made this Board of County Commissioners of - ugd acting by and through the (County) County Department of Social Services and Poacky Ntxrntain Natural Gas Division of ( N Energy, Inc. (Vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under. this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household_ . b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. 861218 Page 2 h. "Supportive Fuel Soyrce" is a type of fuel necessary to operate the primary neatiny source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1985 through April 30, 1986 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary:fuels are required to supply actual home heating costs for the period.of November 1, 1985 through April 30, 1986. k. "Program Year" means from November 1, 1986 to April 30, 1987. . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1986 through January 31, t987. The second eligibility period is February 1, 1987 through April 30, 1987. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone .contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The Vendor shall 'implement the following provisions: 1. The Vendor will charge the Eligible Household. in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Householdonwhose-behalf payments.are made; cor-,. c.,.," • Page 3 4. The Vendor will credit an Eligible Household's account nrgmntly and no later than ten (10) working payment is received far such Household and credit will be {p reflected in the-4.7e -t Ht. -41 hilt : ir• Vendor's billing as soon as t' tk practicable; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within thirty (30)1 tz= working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low-Income Energy Assistance Program benefit, or. the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may nut refuse to restore service to an Eligible Household because there is an arrearage or .a broken payment agreement; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. S. The Vendor will not terminate utility services of a Household approved for the -Basic program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. C�rc..;lr� 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the �Eel1'�i!Igible Household, to the my pepartme t eK801: that the Vendor Wilt.iQe mitntted tfi_, oa t 1-s1 rv�tor sixty nays or continuous service the firs; g1I b 1 y period. 11. OWL applicable tb bu k -fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days afterVel notice that-application has been made, or until the Vendor is verbally notified of the eligibility determination of the Household, whichever occurs' "first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13- Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; ( 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within tr=tt=thirtY (30) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) .to the County Department; 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1987 upon the Eligible Household's request. • 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department withinj0=4==p working days; ,j0, thirty (30) KK 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the • Vendor; 18. All funds due to the County Department shall be returned to O the County Department no later than August 15, 1987; it being understood that this paragraph pertains sorely to the provisions of paragraph 10, 14 and 17 of this Agreement. ImMir • • Page 5 19. All other requirements of Federal and state laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1986 through April 30,1987 for any Eligible Household using their service_ Suchestimates, if possible, shall be- based on historical usage and such estimates shall be provided to the Ccznty Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1986 through April 30, 1987, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition. to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. Page 6 III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address,. account number, if any, and amount of payment for each Eligible .Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d- The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations.; • IV. General Provisions a. The term of this Agreement shall be 7 through September 30, - 1987. b. This Agreement is,subject to and contingent'upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. { d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of 'services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, un ess the Household owes no balance on the Vendor's account. CHAIRMAN. COUNTY COMMISSIONERS Vat natu S •nat" Larry D. Hall Executive Vice President Jarrpi 1 ne Johngof, Cisi nan Name and Title (Printed or Typed) Name and Title Rocky ht*.ntain Natural (as Division of K N awn!, Inc. P.O. Box 758 Company or Business Name Address Greeley, CO 80632 CITY .zipcode CITY zipcode 12/22/86 T DATE DAFE ' mEMORAfDU�1 V�� Tom David To TomWahl Cntmty Attorney Data December 17, 1986 Eugene McKenna, Director, Weld County Department of COLORADO cramsnalRI Snrvires Subject: .Nendor Agreements Tom, request your review and submittal to our Commissioner Board of the attached LEAP Program Vendor Agreements. You will note that there are some modifications made within on the pages of these standard agreements. Jim Sheehan was empowered by the State Department of Social Services to do some negotiating in this area. If everything looks in order, we,will look for these items on the Board's agenda. If not, please advise. Thanks for your help. Attachments EMcK:rm I MU TO o �� Q11tor a DATE : /e -/G FROM --��Q� RE: j tit clap 4 -re.44.��s � y /e , g. (( 21 WE 01 032 Y AR2Q821s1 EMERGENCY ORDINANCE NO. 2-A IN THE MATTER OF AMENDING AND CORRECTING ORDINANCE NO. 2-1976 CONCERNING THE VACATION AND CONVEYANCE OF PORTIONS OF COUNTY-OWNED ROADS TO THE TOWN OF PLATTEVILLE, COLORADO, A COLORADO MUNICIPAL CORPORATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, 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, by Ordinance No. 2-1976 and Quit Claim, intended to vacate and convey the west 30 feet of Division Street between Goodrich Avenue and State Highway 66 adjacent to the Town MW of Platteville as it existed at the time of enactment of Ordinance o,.. No. 2-1976, and N CD gab a 0 WHEREAS, an error was made in the description in the first 7r). tract of land described in Exhibit B of Ordinance No. 2-1976, m mi which resulted in the description of a 30 foot strip of land on K the west 30 feet of the described quarter quarter rather than the N q appropriate description of a vacation of property on the east 30 z W feet of the quarter quarter, and to 'alt.. WHEREAS, the Board desires to make the correction to comply c:''` with the original intent of the parties, and WHEREAS, there exists an emergency situation in that title to tam the area in question should be cleared as soon as possible in Z A order to avoid confusion with respect to a State Highway n m Department improvement project on Highway 66. rem to z NOW, THEREFORE, BE IT ORDAINED by the Board of County 'It; Commissioners that the first description in Exhibit B in Ordinance No. 2-1976, be amended to read: MON 0 n The east 30 feet of the Southwest Quarter of G the Northwest Quarter of Section 19, Township 3 North, Range 66 West of the 6th Principal o Meridian, and the east 30 feet of the c Northwest Quarter of the Southwest Quarter of tqo Section 19, Township 3 North, Range 66 West of the 6th Principal Meridian. The above-described tract is the west 30 feet of of-- Division Street between Highway 66 and o Goodrich Avenue, adjacent to the Town of N Platteville as it existed in May of 1976. ORb 2- A , CC � C� , lca.%le�� l� '��G- �. cin,'�t C = J PAGE 2 RE: ORDINANCE NO. 2-A BE IT FURTHER ORDAINED that, pursuant to §3-14 (6) of the Weld County Home Rule Charter, the Board finds and declares this Ordinance to be an emergency and that the effective date of this Ordinance shall be the date of its enactment. The above and foregoing Ordinance No. 2-A was on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: ,, WELD COUNTY, CO OEtADO Weld Cbu f CYe k and Recorder and,cbe d Board Ja.que ►t e • -—o.� airman 121 BY Go :o '•� . °��•-Tema. n� y putty erk can o �. : EXCUSED APPROlligEr'AS. TO FORM: Gene R. Brantner to fla z co to y Attorney c r tor 0-324 Read and Approved: Decewbel 24, 1986 xOto Published: January 1, 1987, in the Johnstown Breeze Von t9 hie Effective: December 24, 1986 4ft zcn 0 tea 0 20 0 ON O n Oh, a CORRECTION QUIT CLAIM DEED THIS DEED, made this 24th day of December, 1986, between Weld cif-flinty, mnloradoy a .municipal. -corporation and political subdivision of the State of Colorado, by the Board of County Commissioners, for the respective interests of the County of Weld and State of Colorado, of the first part, and the Town of Platteville, a Colorado municipal corporation, of the second part; WITNESSETH, that the said party of the first part did, by Quit Claim Deed recorded June 29, 1976, in Book 770, Reception No. 1692483, of the records of the Weld County Clerk and Recorder, convey certain properties in the County of Weld, State of Colorado, to the party of the second part, which Quit Claim Deed contained a legal description of a certain' tract of land described as follows: A tract of land located in Weld County, Colorado, more particularly described as "iw follows: o '„ The west 30 feet of the Southwest Quarter of N a the Northwest Quarter of Section 19, Township 3 North, Range 66 West of the 6th Principal r Meridian, and the west 30 feet of the .c O Northwest Quarter of the Southwest Quarter of Section 19, Township 3 North, Range 66 West of z 03 the 6th Principal Meridian. The above N' described tract is the west 30 feet of mt.n Division Street between Highway 66 and c a Goodrich Avenue, adjacent . to 'the Town_ of , m m �+ Platteville as it now exists. 14 N L_;: WHEREAS, it was the intent of the parties that the following z i described tract of land located in Weld County, Colorado, be no remised, released, sold, conveyed and Quit Claimed as of the party t4 ON of the first part's interest to the party of the second part as ;1 ,- . more particularly described as follows: a, N A tract of land located in Weld County, mat Colorado, more particularly described as n' follows: o C. The _ east 30 feet of the Southwest's Quarter of b o the Northwest Quarter of Section 19, Township E c s; 3 North, Range 66 West of_ the 6th Principal' : eno ... Meridian, ' and" the east 30 feet of the" o ' Northwest Quarter of the Southwest Quarter of n 0 Lk. ;-\ n o . •;'' _ o N PURPORTED COPY Section 19, Township 3 North , Range 66 West of the 6th Principal Meridian. The above described tract is the west 30 feet of Division Street between Highway ;66 and .Goodrich Avennay. _.adjacer:t to .,₹h.e .Sown of Platteville as it existed in May of 1976. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges hereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the second party of the second part and its assigns forever. Signed and delivered this 24th day of December, 1986, by Weld County, a municipal corporation and political subdivision of the State of Col`brado, by the Board of County Commissioners for its respective interests. y _ , BOAP.D OF COUNTY COMMISSIONERS PS t t.A. VA S," • WELD COUNTY, COL4\ O Weld County Clerk and Recorder C .__�_ ,� , ,,; , �a ►►�. and Clerk to the and Ja uel• e oh o 4 Chairman v Deputy . County lerk Go d La y, em EXCUSED Gene R. Brantner C. WJirb Frank Yamaguck�r�pj �� • I .e, I I J ro cc i m u I H a pI' G a I s ,ate e m, o I � 13'11e, ' tia QN. W c � ` maa id q " °\' �+7 a o` c i o < -- c b U2 W 37 . I, la - isp ;cF \y ul OQ I+7 o �t lc < zzw H. c. Vv _ k �c. r Ec-c. : f, , a •c I¢s I=c O a\ H o a a 1 S86L aunty .008'S WaO Sd Ci ,i A 7-5.r , {"` i .i L 5,17 '• -....r"T _{.+_ pp ,-�-a i i Jt $ �'�r. lr W ; F£. #s l y «.7 ! ' '_Pt__ r • �40� v ` 1 AFFIDAVIT Of PUBLICATION dis- 0; THE JOHNSTOWN BREEZE std.,:; h -o •-_, STATE OF COLORADO ) -.... llut lsoid4 of ) 55 ` COUNTY OF WELD )I,Clyde Briggs,do solemnly swear that I eey -,is. d am publisher of The Johnstown Breeze; :„,„ t. . •-`.;�a that the same is a weekly newspaper t printed, in whole or in part, and published ti �` in the County of Weld, State:of Colorado, ₹,f - and has a general circulation therein;that said newspaper has been published or" continuously and uninterruptedly in said :7- the County of Weld fora period of more than .ts, saty., fifty-two consecutive weeks prior to the f y first publication of the annexed legal notice 'k< 1 or advertisement; that said newspaper has been admitted to the United States mails as of a second-class matter under the provisions of . woofer: the Act of March 3, 1879, or any t'` or t- nq"a amendments thereof, and that said. •• :on' he net ao feet of newspaper is a weekly newspaper duly ` qualified for publishing legal notices and utF tin"�ekaa advertisements within the meaning of the laws of the State of Colorado. -' . That the annexed legal notice or advertise- vyttEReia,- o m 'emergency Mg a&thatnon ill title. ment was .published in the- regular and. ',, 1110la' entire issue of every number of said weekly to to lone newspaper for the period of ...L. consecu- u. tive insertions; and that the first i ;tis gir .. publication of said notice was in the issue g( 'ft4lsr or - said newspaper ciatcrcf/2.-3.7. A.D. ts ' m , and that the last publication of said notice ritserciltiorth.nit a )n was in the issue of said newspaper dated t 4ier G1�'t , A.D. I9 q��eaf 30 'MI a:ilia ea,m- In witness whereof I have hereunto set Batt qwMR�of tM ontnvt»t my hand this ..3.1 - day of Pr t- r '"" � tp A.D. is t, �ROA: alaaot• Publisher J am •M tich t^e: tt a Val Subscribed and sworn to.before me, a z1` i ` 7' Notary.Public in and for 'die C ty of '' ,n WI,State of Coiora p4thu ' dajr of,: ,1NtiyG1i q�ppYt��C .rC.[c.. - . 1 n� �-enms- _ ------ - r macutctrt. � -✓ t - -,isotarly-$ttnhc-.. Ayf d R }P `J- ' • . My commissioa g; OAras JstM 13i 1987 t-7 v � 5 � f ' �k - 2 Sou'h Par¢h AJen� 52,-..- 6 't,• ,lob� ;ohnstown, co 80534 N • ��yy x Gordon . don Lk" ! +t , &ew". Gent%.R. straw; d w. KWy` o*a Flank,Yamaguchi: K. per : s .�hi'ro Imo: O'1saMibM • • '9 STATE OF COLORADO DIVISI&I OF HIGHWAYS P.O.Box 850 ` ‘. Greeley.Colorado 80632-0850 ^r r��'n#'kJ.t'�•'` $ t G�-' 1 (903)359-1232 1 .: - December 5, 1986 1 ! DEC 91986 h ); Bridge Replacement 1�7 J _ S.E. 66 /'— W. of Platteville GRE.ELE". COW DOH File 43100 Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 Dear Commissioners: The State of Colorado is in the process of a bridge replacement and minor widening project on S.H. 66, West of Platteville. Upon preparation of our Right of Way plans, it was discovered that there is an apparent error in the Deed that conveys Division Street right of way from Weld County to the City of Platteville. Enclosed is a copy of the Deed and a print of our ownership map. The area colored in red is the location of Division Street right of way, according to the Deed. The area colored in orange is the location of Division Street. You may wish to file a corrective Deed to elimi.ate any confusion that may exist. If you have any questions, please call Stan Vermilyea at the telephone number shown above, Ext. 49. Very truly yours, ALBERT CHOTVACS DISTRICT EYGINNEE'R Stan Ve�m EYyea Engineering Technician SV:mbc Enclosures cc: Town of Platteville File • • - ..:..f y Q Rennie. a /a- aaoA AI, JUN 2 g en ' Ric Na 16424C't S. y -9d.., se, wm.a. _-1 -1 QUIT CLAIM DEED i i TADS DEED, Made this 24th day of May, 1978, between WELD COUNTY, a municipal corporation and a political subdivision of the State of Colorado, by the HOARD OF COUNTY COMMISSIONERS, for the re- spective Interest of the COUNTY OF WELD and the STATE OF COLORADO, `a of the first part, and THE TOWN OF PLATTEVILLE, a Colorado municipal r-a corporation, of the second part; J '-4 WITNESSETII, That the said party of the first part, and in consideration of the sum of other valuable consideration and Ten Dollars (510,00), to said party of the first part in hand paid by the said party of the second part, the receipt of which is hereby confessed and acknowledged, has remised, released, • sold, conveyed and QUIT CLAIMED unto the said party of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described real,estate situate, lying and being • in the County of Weld and State of Colorado, to-wit- NA tract of land located in Weld County, Colorado, more particularly - _ described as follows: ( y ci !• .2,i..- Earl `IwThe Weet 30 feet of the Southe t Quarter'($ of the Northwest Quarter (NW}) of 5 ction 19, Township 3 North Range. 66 West e -,i •h• 4th Prise"Meridian, and the Weet�30 feet of the North-Cam` of iiarter(aitglf of the Southwest Quarter(SW}) of Section lfl Township 3 North, Range 66 West of the 6th Principal Meridian. The above described tract is the west 30 feet of Division Street . between Highway 66 and Goodrich Avenue adjacent to the Town of Platteville as it now exists, A tract of land located in Weld County. Colorado, more particularly described as follows: - The North 30 feet of the Southwest Quarter (SW,) of the Northwest Quarter(NW;)of Section 18, Township 3 North, (Lange 66 West of the 6th Principal Meridian. The above described tract is the south • 30 feet of Goodrich Avenue between Division Street and River Street adjacent to the Town of Platteville as it now exists. - A tract of land in Weld County, Colorado, more particularly described as follows: The North 30 feet of the West 160 feet of the Southwest Quarter (SW',)of the Southeast Quarter(SE;) and-the South 30 feet of the West 160 feet of the Northwest Quarter(NW4) of the Southeast Quarter (SE!) of Section 18, Township 3 North, Range 66 West of the 6th Principal Meridian. The above described tract la that - part '.r Qrvnntds Avenue cast of Main Street for a distance of 160 fe.^ adjacent to the Town of Platteville as it new esletee To Have and To Hold the same, together with all and singular the appurtenances and privileges hereuntt.belonging or in anywise therewith appeatainine. and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part and its assigns forever. . SIGNED AND DELIVERED THIS 24t8 day of May, .1978, by WELD COUNTY, a municipal corporation and a political subdivision of the 4 - • • . • • 770 2692483 .2-2_ • sTA E OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for its respective interests. ..� BOARD OF COUNTY COMMISSIONERS ATTES -• WELD.COUNTY• COLORADO ow- • Weld County Clerk and Recorder • / and Clerk to the Board /- (� By . ':.'f /7' ,c;. Deputy County Clerk /J f at:1-41:;/-d+'1 C. e -/ STATE OF COLORADO ) • ) ss. COUNTY OF WEIR The foregoing instrument was acknowledged before me this 24th ;• day of May, A.D., 1£76, by Glenn K. Billings. Roy Moser, Victor L. ti Jacobucet, June K. Steinmark• and Norman Carlson as the BOARD OF COUNTY- COMMISSIONERS and Jeannette Ordway as Deputy County Clerk ij for Weld County, a municipal corporation and a political subdivision of the STATE OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for its respective interests. Witness my hand and official scat. My commission expires: ,e• e per' - '%ham ;T AR y\ • • ' .. _.. Notary/ bltc • , Y r { D .I ti ti 1. 1l j { t r.! 1. `2 t t t } 4 f a. s t } .a *�'rc if -+i . 1. LY ' 4. 'ttl / a • f. iT 'ir I t )I 1 1 Per • -� F . y' M[t $ `RR3S • :1 J Syr ; t' .. � z:.6 2! y '. may. ,Ya r t' l ...-...-;:t„;.,,..----4:-.7.,1,--,-,„;._,„,......._— .�t _=c1 �. NN. .,i.5.1 i iti 1 '''; Sat 4.“%:::1):S;1 l. 1 •or Li - ewX r • Q fit' ,_Ztt �\� \ ��` `4 ' ti' . A i- t 4. • i •R i 1: is1 , • Tit •Y ei aT a F ; .. tLMr _ _ _ 4. -• iP Z O \ iii.: 9:71-1111.22 j n ti'L$ e,In • --.�—� 4„_...... J____T . '� Yoop 1 m \ kt Z. iNit. o Al • w Z \ W.' O 1. ,y^t14° eieiN 1. 7.1.: 4:3 • XI i • mp y(. F 1 s h1 kr h R , , Z, a` pp r► i 1 :r.'r'• 1` � . --_— _ tom• _ __-- — __w__. �.KW CI t. kZ "A:',. 1•••1`•• \\\yyy w 0 V F . T i \ EpSTE I V 1y Y `l • O 0 b `yoC� PpNH^., '16�! 410 O X ti 2 D 't y,_� mss. ^ 2Aa wSEoami3 vil fir 41 w` 4 W ty�, 23 1 I ____e•ic" pc�t'�w�^R.z� ;� sour B`6,S>.. R66I4.63� I t'It, yA32^(($/ W H t` w ~y2 o-'� "O ......... ''`'' ©. I pi 1333 •. II c*4 fn i`w n�re- PC-1 lre �, PI 417•41.. :G I - I „Z,) s.311e�n, a[� `tea 4 la A 4-y_^ '`.,, /19B.14.Stery E k S! .. 2.6711!© • - - p Soh 4/9.[¢Md z1 K?<.99/"E_ 99.54.6•9- it As AF .. - Tc _ 1 I ert nom/Plait -if o t--- % g : '° I 420.00 �. % ti „µ.7......‘7...., `a a .�q 1 .3 b A.n 7 . 6 I r E.� "O� O ^� • Zt P7. KJ ./6/2r{7 -II , ��oain t.. S ��t y!1 . .. .�-_...__.__-" _� ' • r .,..1 I. itt I I tea Lw. KT�Z� i . • 1• Idle Xu }$w"C,h , .. .+".,,- - I'li ‘1/2 '+y 2 i II : 6 B..w.../te« I F XS ARMERS'INDEP£170EY t— 0\ZCH s a U.-4,.. -*. PG KBr99.S9(2e� ,e^Nei 1 1, -4 RL 4.100/66•6 11 1 430.00 • It, '�.... .._ �owo 0�� Pt NSL71. yr Y`` y,L. a. /./695r.'I r. a �"r to on13 x ._•., w...0,‘•> /7f —_—` I� o p . \ r------ ,,. nr%v £ou t.6.6•46cn -7 \ I Ict ' \-Y i ITT CO ll �^ I D.� / 1 'rte.: r . 4 \ 1 ..,_ c HL I .._ L 1 j _- __ rin e v.ZI . ;A I I S.H. 85 _ __ ?:14 _ __ ! - mom,=` N< � ! - NION I V PACIFIC .RAILROAD -__ $rDD (�}]y 44 -4O k u w WELD COUNTY,. COLORADO PAGE 1 PAYROLL FUND CLAIMS V.O. - WARRANT NO. P.O. NO. VENDOR AMOUNT 12627 58694 PRINCIPAL MUTUAL LIFE INSURANCE COMPANY $ 5,577.76 12628 52915 UNITED BANK OF GREELEY 950,458:46 • • TOTAL $ 956,036.22 STATE OF COLORADO •', COUNTY OF WELD ss • This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through and dated DECE?BER 24 i 19 $6 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 956;036.22 DATED THIS _ 24th DAY OF DECEMBER , 19 86 • • • WELD C0U NANCE OFFICER • • • SUBSCRIBED AND SWORN TO BEFORE ME THIS 24th DAY OF DECEMBER 1986 , MY.COMMISSION EXPIRES: My Commission ExpirresJune8, 1990 /J STATE OF COLORADO • COUNTY -OF WELD ss We the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the PAYROLL FUND totaling $ 956 036.22 • ai ers3,�` ATTEST: M County Clerk &bRecorder M- •er • By: S{1 - ere ,- Deputy 1 ' Member • WELD COUNTY, COLORADO PAGE 1 of 1 General FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 902089 058690 Sandy Knoll Manor LTD 227.00 902090 059320 Dean Louis Canpany 538.00 902091 059306 Steve McCoy 274.00 TOTAL 1,039.00 STATE OF COLORADO ) COUNTY OF WELD ss This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through 1 and dated i)eceraber 24th 19 86 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 1,039.00 DATED THIS 24th DAY OF December , 19 86 • WELD COUNTY FINANCE OFFICER SUBSCRIBED AND SWORN TO BEFORE ME THIS 24th DAY OF Dyer 196 MY COMMISSION EXPIRES,* comma ,, Fir yJ n 8 Syo • STATE OF ,COLORADO- ) COUNTY OF' WELD )) ss We, the Board of County Commissioners of Weld County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the General FUND totaling $ 1,0.39.00 Chairper ATTEST: Mem.�,^ f�' :�. ~ sue County Clerk & (Recorder Member By: - , Deputy Member I Mem WELD COUNTY, COLORADO PAGE 1 of 1 General FUND CLAIMS V.O. WARRANT NO. P.O. NO. VENDOR AMOUNT 902092. 058693 Great West Life 16,072.67 TOTALS 16,072.67 STATE OF COLORADO ) COUNTY OF WELD ss This is to certify that all accounting and budgeting procedures have been completed on the above listed claims as shown on Pages 1 through i and dated December 24th 19 86 and that payments should be made to the respective vendors in the amounts set opposite their names with the total amount $ 16,072.67 • DATED THIS 24th DAY OF December , 19 86 _ WELD NTY FINANCE OFFIC R SUBSCRIBED AND SWORN TO BEFORE ME THIS 24th DAY OF December 1986 -MY COMMISSION EXPIRES:My Co.trmssto, Expires June 8, 1 CeAtelet QVa -44/ STATE OF cOL6RADO COUNTY OF WELD ss We, the Board of County Commissioners of-Weld `County, Colorado, hereby (approve) (disapprove) the claims as set forth above; and warrants in payment therefore are hereby ordered drawn upon the General FUND totaling $ 16,072.67 th irper r4115&tr--- ATTEST: Memb L244rr "^ ?"2t Mir 4ev...;i County Clerk & Recorde Member By; ' f Deputy Member Ill • • • • • A * • • • * • • ♦ • • • * • • I'- a a b a a a a s b I 2 2 0 0 0 0 0 0 0 0 Za a N r v 4 v .i .t .t. -4 ! m a O. 0• a a a 0• a a 0 a t m z 0,.. co ,t 0e VI A w N •r 0 t P-4 v 1` •-• a Iz1t ^ -4 2 N -`N > • MI in' i 2 .. 0 •. i 70 -• 0- - 0 0- ..• il. a r 1 a I m r D D 703 0 a imn i N -4 m m 2 3 Z T P-• -1. , 1 -I N 1 I a 2 I ina I = n O 773 r I. m>r t Z t •• -i I w 0 2 22 22 2 Wt' 2 0 r 2. -Dzz :-r7t5D 7 . 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C O P- -•OC r Q •rte ,..: W" i.. waeo F Y w o.'., til l , '- Z -.s._ ' o t a .» 4 3 ;.<.. a> r U Z`Yla'E k } I « w: O" I- SAC.. t O -• Z )- owr ', j• • 1' M 1 `N. e• in N N; j , C W"}J=' W W1 Lt., Ng. ,'RN _i « , 1 Q.t C r.- xi w � . CI. -r ! E '-n n r • - -'C - , .. F Z ObZ j 1 i } zz; a 7ntid t # C 4. IC i>wk `j ; t i_ , « • -' • a • • -- • • • • "" • • • • • • • • _ • • .- 141.14),•'1,3,01;) HEARING CERTIFICATION RE: GNMA COLLATERALIZED ROME MORTGAGE REVENUE BONDS A public hearing was conducted on December 22, 1986, at 10:00 A.M., with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney, Thomas 0. David Director of Finance and Administration, Donald Warden The following business was transacted: I hereby certify that pursuant to a notice duly published December 11, 1986, in the Johnstown Breeze, a public hearing was conducted relating to the issuance of GNMA Collateralized Home Mortgage Revenue Bonds. Don Warden, Director of Finance and Administration, made this matter of record and explained the proposal for issuing these bonds. Re stated that a Resolution has been prepared and recommended approval of said Resolution. Commissioner Lacy moved to approve the Resolution regarding the GNMA Collateralized Rome Mortgage Revenue Bonds. The motion was seconded by Commissioner Brantner and carried unanimously. This Certification was approved on the 24th day of December, 1986_ APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: Ittaw ;_ a ,,,,J WELD COUNTY, COLO Weld County Clerk and Recorder \ �, ►, • at.a a_a� and Clerk.to the Boa Ja.quel Jo. <.:• . , �. By: a7 Deputy Ceunty Cll4Y Go . . .�"•`� , r:'r EXCUSED DATE OF AP"OVAL Gene R. Brantner " � frC.W. by ,12 TAPE #86-82 FI0001 861217 • f •;I fj i'� Zq !ji\ p.. r•51:Y r i• .A fS • . 5 i.}• r r _ . •.� E , a. • r • y lg.' . Si • t rf f • of F:�:- S: I. I, 11: - .rt`� OFcoCO * $' DEPARTMENT OF NATURAL RESOURCES * * David H.Getches,Executive Director ,876 * MINED LAND RECLAMATION DIVISION DAVID C.SHELTON,Director Richard D.Lamm Governor C—•: , --, ,ti°S � -. • .r. _ �- ! ' _ DEC2II 2 r,tit December 16, 1986 111 cRSLEY. Cora. Weld County Commissioners Box 758 915 10th st , Greeley, CO 80632 Re: Keenesburg Strip Coal Mine Permit Approval - File No. C-81-028 Dear Weld County Commissioners: Pursuant to Rule 2.07.4(3)(d) of the regulations of the Colorado Mined Land Reclamation Board for Coal Mining, you are hereby notified that a Permit Revision No. 1 (extend permit area to mine b-pit) to the existing coal mining and reclamation permit was issued to Coors Energy Co on December 14, 1986 for the Keenesburg Strip Mine. The surface mining operation is located approximately 4.5 miles north of Keenesburg, Colorado and is accessed from Keenesburg by Weld County Roads 18 and 69. The area affected by the permit revision is a 233 acre tract known as the B-Pit area and is more specifically described as follows: E 1/2 NW 1/4, and W 1/2 W 1/2 NE 1/4, and N 1/2 N 1/2 SE 1/4, and NE 1/4 SE 1/4, and SE 1/4 SE 1/4 of Section 26, T3N, R64W, 6th P.M. of Weld County. W 1/2 SW 1/4 of Section 25, T3N, R64W, 6th P.M. of Weld County. The B-Pit area is directly west of the original 5-year permit area where A-Pit is located. Please contact me if you have any questions, at your convenience. Sincerely, ta .4C Thomas A. Schreiner Reclamation Specialist 1801G e 2,jD 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel.(303)866-3567 6c1 mr ta•aci 1. DEG 1 8 it.1•86 Great-West Life Gal Great-West Life Center December 8, 1986 8505 East Orchard Road Englewood,CO 80111 Tel. (303)889-3000 Address mail to: P O.Box 1080 Deriver,CO 80201 Director of Business Affairs Weld County, State of Colorado P.O. Box 758 Greeley, CO 80632 Via Certified Mail RE: Policy #88041 Deferred Compensation Annuity Contract V Dear Policyholder: Your FutureFunds Group Deferred Compensation Annuity Contract with Great-West Life has been amended. The modifications are contractual improvements provided at no additional cost and are described in this letter. 1) A new paragraph is added to the "Contingent Deferred Sales Charge" section of the contract. This new paragraph states that any Participant who has at least 15 years of participation in the FutureFunds contract will have no Contingent Deferred Sales Charge on FutureFunds amounts surrendereBT For clients who converted to FutureFunds from our old deferred compensation annuity contract, the Conversion Deposit amount will still be subject to the 4-6% surrender charge on rollover monies from the prior contract. 2) All of the guaranteed annuity purchase rates pertaining to fixed annuity payment options under the contract (i.e., Tables C, D, and E within the contract) have been improved (increased). While these improvements have been available to you prior to the receipt of this letter, the contract did not specifically provide for them. If you do not wish to retain the above improvements as a part of your contract, you must notify Great-West Life in writing 30 days after receipt of this letter. In the event Great-West does not receive such notification, your Group Annuity Contract is hereby amended to include these provisions in accordance with the Contract Modification Section of your contract. Great-West feels that these additions to your contract are definite improvements and we are pleased to furnish the enclosed amendments as an addition to your present group policy. Please contact your local Great-West representative with any questions you may have. cnf THE GREAT-WEST LIFE ASSURANCE COMPANY Q(� US MEADOUARTERS-ENGLEWOCO.COLORADO ia-a "" • Amendment No. 1-85C attached to and fanning part of Group Annuity Contract No. 88041 issued by The Great-West Life and Annuity Insurance Company W}-2EAS, Weld Comity, State of Colorado (hereinafter referred to as Group Policyholder) had previously entered into a Group Annuity Contract No. 88041 with the Great West Life and Annuity Insurance Company (hereinafter referred to as the Insurance Company), AND WHEREAS, the Insurance Carpany wishes to waive the Contingent Deferred Sales Charge on certain monies within the Contract after a Participant has been covered under this Group Annuity Contract for 15 or more years, AND WHEREAS, the Insurance Company wishes to in-prove the guaranteed annuity purchase rates pertaining to fixed annuity payment options under this Group Annuity Contract, NOW THEREFORE, the parties hereto agree that as of January 18, 1985, this Group Annuity Contract is hereby amended by: 1 ) Adding to the "Provisions Relating to Amount Payable on Death, Partial Surrender and Surrender" section of the Contract, under the sub-section titled "Contingent Deferred Sales Charge", a new third paragraph with the language included in the appropriate sub-section attached hereto and marked as Amendment No. 1-85C, and 2) Deleting Tables C, D, and E of the contract and replacing therefor the Tables C, D, and E attached hereto and marked as Amendment 1-85C. Dated at Denver, Colorado on June 30, 1986, by The Great West Life and Annuity Insurance Company. Vice President and Secretary President //�� r/ For the Actuary Amendment No. 1-85C PROVISIONS RELATING TO AMOUNT PAYAD_E ON DEATH, PARTIAL SURRENDER AND SURRENDER (continued) Contingent Deferred Sales Charge Notwitnstanding the immediately preceding two paragraphs, a Contingent Deferred Sales Charge will not be deducted for any Participant who has participated under this Group Annuity Contract 15 or more years from the Participant Effective Date. • Amendment No. 1-85C TAa.E C - Income of Specified Amount - Income of a Specified Period Monthly Payment for Each $1,000 of Participant Annuity Account Value Years Payment 3 28.61 4 21.82 5 17.75 6 15.04 7 13.10 8 11.66 9 10.54 10 9.63 11 8.90 12 8.30 13 7.78 14 7.34 15 . 6.96 16 6.63 17 6.34 18 6.08 19 5.85 20 5.64 To determine the payment for other frequencies of payment, multiply the above monthly payment by the following factors: Factor Quarterly payment 2.99 Semi-annual payment 5.96 Annual payment 11.81 If payments are for an amount or duration different than that outlined above, the Company will determine the proper amount or duration using the actuarial basis used to determine the above Table. • Amendment No. 1-85C IP TA9_E 0 - Fixed Life Annuity Monthly Payment for Each $1,000 of Participant Annuity Account Value Age of Without with Guaranteed Period Payee Guaranteed Period 5 Years 10 years 15 Years 20 Years 50 3.99 3.99 3.98 3.96 3.94 55 4.31 4.30 4.27 4.24 4.19 60 4.71 4.70 4.67 4.60 4.49 65 5.28 5.25 5.18 5.05 4.84 70 6.07 6.02 5.85 5.56 5.15 75 7.22 7.09 6.68 6.07 5.41 If payments commence on any other date than the exact age of the Payee as shown above, the amount of the monthly payment shall be determined by the Company on the actuarial basis used by it in determining the above amounts. Amendment No. 1-850 TAELE E - Joint and One-Half Survivor Fixed Annuity Monthly Payment for Each $1,000 of Participant Annuity Account Value Age of If Designated Payee is Age Annuitant 50 55 60 65 70 75 50 3.88 3.93? 3.94 3.96 3.97 3.98 55 4.09 4.15 4.19 4.23 4.25 4.27 60 4.34 4.43 4.51 4.58 4.63 4.66 65 4.64 4.77 4.90 5.01 5.10 5.16 70 4.99 5.17 5.36 5.55 5.70 5.83 75 5.40 5.65 5.91 6.19 6.46 6.69 If payments commence on any other date than the exact age of the Annuitant or designated Payee as shown above, the amount of the monthly payment shall be determined by the Company on the actuarial basis used by it in determining the above amounts. • • • • Amendment No. 1-85C . 1 STATE OF COLORADO) DEPARTMENT OF HIGHWAYS - - 4201 East A*ansas Avo ,t`+�""S-, Denver.Cobra0o 80222'. �E v t i (303)757-9011 F0R'M0RE INFORMATION: ' 757-9228 #86-52 j - Highway News ,-� :- —, December 18, 1986 :,!�G z,.'}i 3i- �1� DEC 2 3-9ss. ,i. l . 1. 70 NIGHT CLOSURES' :f} SCf�QLED,` 71 ' IN GLENH00D"CANYON <._;;." w-..; " Interstate 70 construction continues in Glenwood Canyon, and during the holiday season nighttime -steel:erection? will close canyon access for two hour periods. Traffic; wi-11 be stopped,-,from 2:30 a.m. to 't-:30 a.m.- on the following December 22, 23 and 24 December 29, 30 and 31 January 5, 6, and 7 Daytime construction currently delays traffic for up to 30 minutes, - Mondays through Fridays between the hours of 7 a.m. and: 5 p.m. . Some weekend construction could be scheduled as well. Persons with specific trip p7:ans `may dial the Hotline, 945-0148 in Glenwood Springs, for a recorded' message updated ' daily. IR 25-2(190) INTERSTATE 25 AT 6TH AYE. IN DENVER Interchange improvements at Interstate 25 and 6th' Avenue in Denver drew seven firms to the Department's Division of: Highways December 18::opening. Y.1,-, .Robert Dougan Construction Company' of Denver submitted an apparently successful bid of $2,319,476 for the project which consists of grading, hot ' umin. bituminous pavement, drainage, bridges-,', one "retaining; wall, signing, striping, lighting,' landsc aping and gsardrail. Reeident engineer is Gary Self from the District,6'Golden office. He will coordinate the project which-is scheduled for completion within 270 calendar days after the Notice to Proceed.^ " " . 000 (over) �₹ Aa 812 , Highway News. ,. December 18, 1986 Page 2. IR 25-2(204) INTERSTATE 25 NEAR FOUNTAIN Civil Constructors of Carbondale submitted an apparently successful bid, of • g773,022 at the Division of Highways December 18 opening for a bridge rehabilitation project. The project is located on Interstate 25 over Fountain Creek, about five tenths of a mile north of Fountain. Seven "firms submitted bids for the project. Work elements include grading, hot bituminous pavement, bridges, striping, topsoil, seeding and mulching. Completion is scheduled within 90 working days after the Notice to Proceed. Warren Cramer of Colorado !Springs is resident engineer. 000 HG 7800(4) SIGNING IN LAHAR A signing project in Lamar at various locations drew twelve firms to the.. . Division of Highways December 18 bid opening. An apparently successful bid of $33,961 was submitted by Carder, Inc. of Lamarfor the project which has a completion schedule of 30 working days after the Notice to Proceed. 8.8.' McDonnell of Lamar is resident engineer. 000 BIDS TO BR OPINED ADDS •> January 8, 11:00 a.m. , Basalt Bypass bridge and roadway, construction, which includes grading, aggregate base course, drainage, two bridges and a: concrete box culvert* located on s-H. 82* beginning about a mile. and a half west of Basalt and extending 2.8 miles (0.7 miles net). east, in Eagle and Pitkin counties, FC 082-1(13). 11:15 a.m., U.S. 36 safety improvements southeast of. r ' Estes Park, which include hot bituminous pavement and guardrail, beginning about 9.3 miles southeast of the community and extending about half a mile southeasterly in Larimer county, HES 0004(29). 000 CONTRACTS AWARDED Road/ Bid Contract Protect Street Description Awarded to Opening' Awarded I 70-.2(135) I-7.O east of,. ... New roadway yiewit;,Western Co_ 11/20/86;12/11/86 Glenwood Springs_ construction $11,965,638 4 .. ;i DBE .6%. WBE Z% Committed. `'- DBE 1:1% WBE .5% (more) Highway News December 18, 1986 Page 4. a• Did You Know? ! oD Even ''though Colorado's annual road and bridge construction budget is jeopardized by Congressional failure to reauthorize a federal-aid highway program which expired September 30, State Highway Commissioners are developing a budget proposed for fiscal year 1987/88. A special day-long meeting was scheduled for December 19. and state law sets January 15 as the final date commissioners may • submit an adopted budget for legislative and gubernatorial review. This year's draft has a double format: it lists spending under separate Interstate, Interstate repair, bridge, Primary. urban and other categories but also identifies projects by ,l7 "performance" (type of work) categories. Readers of the new proposal may readily see how much the Department of Highways intends to spend ` for resurfacing, bridge replacement, hazardous locations, ~ new construction, widening, traffic signals noise walls, rest' areas_ . .even landscaping. Highway.News Deceaber 18, 1986 • Pate 3. CONTRACTS AHABDED Road/ Bid Contract , Project Street Description Awarded to .- opening AwardeQ;, MG 5824(10) South Boulder SignaLization. Colorado Signal Co. 11/26/86 12/11/86 Road in Louisville. of Commerce City =116,046 Award- Goals DBE 0% NEE 0% • Committed DBE 0% .HBE 0% HES 0006(17) ` -.66th Ave. & Sitnalization Maupin..Electric• 12/4/86 12/9/86 Oberon Road in Corp, " Arvada $34.,890 Award Goals DBE 8% WEE 0% Committed DDB 22.68% WEE 0� SR 0140(1) S 0.•:140 near Reconstruction Moantain Gravel & 12/4/86 12/9/86 Fort Lewis. & reconstruction • Construction Co. $709,978 Ward.Goals DBE 4% WSE Committed DBE.S.6Z WEE 6.0L FC 013-1130) S.Hr 13 North of Minor widening • Corn Paving Co. 12/4/86 12/9/86 ., Rifle. S reconstruction.: 51,537,224 Award'Goals DBE 9.5% WEE 4% Committed DBE 11.1% WEB S.37% 000 (over) Je SSINS NO. : 6835 IN 86-104 UNITED STATES 2 l -,'-` NUCLEAR REGULATORY COMMISSION c •" 1 ` OFFICE OF INSPECTION AND ENFORCEME �� ? H WASHINGTON, D.C. 2)555 }I -DEC 2319$6 . °Ls December 16, 1986 .x co ,. IE INFORMATION NOTICE NO. 86-104: UNQUALIFIED BUTT SPLICE CONNECTORS IDENTIFIED IN QUALIFIED PENETRATIONS Addressees: All pressurized and boiling-water reactor facilities holding an operating license or a construction permit. Purpose: This notice is to alert recipients to unqualified butt splice connectors supplied by General Electric (GE) in conjunction with qualified F-01 series penetration enclosures. These connectors failed during a recent environmental qualification test performed by Wyle Laboratories. It is suggested that recipients review this information for applicability to their facility and consider actions, if appro- priate, to preclude occurrence of similar problems. Suggestions contained in this notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: During an NRC equipment qualification (EQ) inspection at Dresden Nuclear Power Station, May 19-23, 1986, a deficiency was discovered concerning a lack -of similarity between tested and installed nylon insulated butt splices in EQ qualified GE electrical penetrations. Commonwealth Edison sent four sample splices removed from Quad Cities Nuclear Power Station to Wyle Laboratory to further substantiate their qualification for use in a harsh environment. These splices were identical to those installed at Dresden. During the testing per- formed at Wyle Laboratory December 4-5, 1986, all four samples exhibited excessive leakage currents to ground when exposed to a steam environment. Commonwealth Edison consequently declared the splices unqualified and shut down its Quad Cities Unit 1 to rework the splices by wrapping them with previously qualified tape. Dresden Unit 2 has similarly reworked the splices by wrapping them with tape. Duane Arnold Energy Center also has commenced a shutdown in order to make repairs. Discussion: The splices in question were supplied by GE as part of their F-61 penetration assemblies. GE obtained the splices from three different manufacturers: Amp, Thomas and Betts, and Hollinsworth. The splices in-'question are nylon insulated 8612160121 l IN 86-104 December 16, 1986 Page 2 of 2 butt splices and most appear to be for 12-to-22 gauge conductors although other sizes may be installed as well. The splices from the three manufacturers are almost identical in design and are all manufactured using either Zytel-42 or Celanese-1200 nylon tubing over a metal crimp connector. The splices tested at Wyle were manufactured by Amp and had been removed from Quad Cities where they had been exposed to approximately 12 years of aging (thermal and radiation). Wyle also subjected the samples to aging and radiation sufficient to add an additional year. After this aging and irradiation, the samples were inspected and tested for insulation resistance. The samples showed no sign of fatigue and exhibited a high insulation resistence. The samples were then put into a loss-of-coolant-accident (LOCA) chamber and energized for the start of the L0CA test. Two samples were energized with 528 volts and two samples were energized with 132 volts. During the preheat of the LOCA chamber and before the actual LOCA test, one of the 528-volt samples began shorting to ground and blew its fuse. At this point the temperature in the chamber had reached only 150°F. The test was continued with two other specimens blowing fuses at the 20-second point and at the 2-hour, 23-minute point of the test. The fourth sample finished the test, but excessive leakage currents were measured. The short circuits that occurred appeared to start by condensation entering the splice between the wire insulation and the nylon tubing. The arcing caused insulation degradation that then allowed arcs to pass through the insulation to the enclosure. The NRC is currently evaluating additional data pertaining to butt splice connectors and may be issuing additional information on this subject in the near future. No written response to this notice is required. If you have any questions regarding this notice, please contact the Regional Administrator of the appropriate NRC regional office or this office. and L. Jor an, Directo Division of Emergency Preparedness and _Engineering Response Office of Inspection and Enforcement • Technical Contact: J. Jacobson (301) 492-8845 Attachment: List of Recently Issued IE Information Notices Attachment 1 IN 86-104 December 16, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 86-14 Overspeed Trips Of AFW, HPCI, 12/17/86 All power reactor Supplement 1 And RCIC Turbines facilities holding an DL or CP 86-103 Respirator Coupling Nut 12/16/86 All power reactor Assembly Failures facilities holding an OL or CP and fuel facilities 86-102 Repeated Multiple Failures Of 12/15/86 All power reactor Steam Generator Hydraulic facilities holding Snubbers Due To Control an OL or CP Valve Sensitivity 86-101 Loss Of Decay Heat Removal 12/12/86 All PWR facilities Due To Loss Of Fluid Levels holding an OL.or CP In Reactor Coolant System 86-100 Loss Of Offsite Power To 12/12/86 All PWRs or BWRs Vital Buses At Salem 2 holding an OL or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an 0L or CP 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society (i Mechanical facilities holding Engineers Accreditation an DL or CP. Program For N Stamp Holders 86-98 Offsite Medical Services 12/2/86 All power reactor facilities holding an OL or CP 86-97 Emergency Communications 11/28/86 All power reactor System facilities holding an DL or CP and fuel facilities 86-96 Heat Exchanger Fouling Can 11/20/86 All power reactor Cause Inadequate Operability facilities holding Of Service Water Systems an OL or CP OL = Operating License CP = Construction Permit S5INS No.: 6835 IN 86-105 UNITED STATES NUCLEAR REGULATORY COMMISSION ]' ,,; OFFICE OF INSPECTION AND ENFORCEME WASHINGTON, DC 20555 Ti DEC231266 r)!ii December 19, 1986 L1 coLo, IE INFORMATION NOTICE NO. 86-105: POTENTIAL FOR LOSS OF REACTOR TRIP CAPABILITY AT INTERMEDIATE POWER LEVELS Addressees: All holders of an operating license or a construction permit for pressurized water reactors (PWR) or boiling water reactors (BWR). Purpose: This notice is intended to alert licensees operating Westinghouse reactors of the potential for loss of some reactor trip functions when operating below 10 percent of full power as a result of failure of the P-10 interlock circuitry. It is expected that recipients will review this information for applicability to their reactor facilities and will consider actions, if appropriate, to pre- clude occurrence of this problem or similar problems. Suggestions contained in this notice do not constitute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: The reactor protection system for Westinghouse reactors includes source, intermediate, and power range channels for monitoring neutron flux during • startup, operation at power, and shutdown of the reactor. During startup, trip points at the upper end of the intermediate range channels and at the lower end of the power range channels will automatically shut the reactor down if an unanticipated increase in power of sufficient magnitude occurs. Typically, these trip points on the overlapping intermediate and power range channels are set at 25 percent of full power. So that reactor power can be raised above 25 percent, the P-10 permissive interlock is enabled, typically at 10 percent of full power. Among other things, this interlock, when enabled, permits the operator to manually block the intermediate flux trips. When power is decreased below 10 percent, the P-10 permissive interlock automatically reinstates the intermediate flux trip logic. Circuitry for the P-10 permissive interlock includes one solid-state bistable switch on each of the four power range channels. During power ascension, when the indicated power level for each power range channel exceeds 10 percent, its associated bistable switch trips. When the second of the four bistable switches trips, the interlock is enabled After the flux trips at 25 percent are blocked, protection against high neutron flux continues to be provided by the power 8612120144 • IN 86-1.05 December 19, 1986 Page 2 of 3 range trips that are set typically at 109 percent of full power. When power is decreased below 10 percent, three of the four bistable switches must reset; otherwise, the intermediate flux trips will not be automatically reinstated. By letters dated February 27 and April 29, 1986, Westinghouse Electric Corporation advised the Office of Inspection and Enforcement that, under certain circumstances, the intermediate trips would not be reinstated when reactor power is decreased below 10 percent. For example, if one power range channel is taken out of service when reactor power is above 10 percent, as is permitted by technical specification, and if the bistable switch for another power range channel should fail such that it does not reset, then the three-out-of-four logic would not be satisfied when reactor power is decreased below 10 percent.. Thus, a single failure could prevent reinstatement of the intermediate trips, when a power range channel is out of service with reactor power below 10 percent. Discussion: The P-10 permissive interlock performs two functions. First, when at least two of the power range channels are above the P-10 set point and their P-10 bistable switches are tripped, the P-10 interlock provides one of the redundant inputs (with P-13) to the P-7 interlock which enables other reactor trips, automati- cally disables the source range channels and the reactor trip signals that they provide, and permits manual blocking of the trips at the upper end of the inter- mediate rangg_ channels and the lower end of the power range channels. Second, when at least three of the four power range charmer-are below the"P=IQ set point and their P-10 bistable switches have reset, the P-10 interlock enables the trips at the upper end of the intermediate range channels and the lower end of the power range channels which were previously disabled and, if P-13 has reset, automatically disables several other reactor trips. Additionally, the P-10 interlock enables the source range channels by connecting high voltage to their detectors, and it enables the reactor trips at the high end of the source range channels when P-6 is reset at the lower end of the intermediate range channels. If P-10 fails, indication in the control room of the flux level from the source range channels would be lost. This is particularly important for plants that depend on this instrumentation to initiate automatic or manual actions to protect the reactor under certain conditions, including flux doubling or high flux which could be indicative of boron dilution. If the P-10 interlock does not function properly when the reactor is below 10 percent of full power, a substantial amount of protection would be lost. Accident analyses in safety analysis reports which take credit for the intermediate trips are (a) the uncontrolled boron dilution accident, (b) the uncontrolled withdrawal of a control rod bank from subcriticality, (c) the control rod ejection accident, and (d) the excessive feedwater accident from subcritical. Evaluation of the first three of these analyses by Westinghouse has led them to conclude that the margin for safety as defined in the bases for technical specifications might be reduced under certain circumstances for accidents (a) and (b) if the intermediate trip is not available below 10, percent of full power. Westinghouse states that, while fuel failure would not be expected, the departure from nucleate boiling ratio (DNBR) might be lower than the design criterion. For accident (c), Westinghouse indicates that the IN 86-105 December 19, 1986 Page 3 of 3 • margin of safety would be essentially the same with or without the intermediate trip. For accident (d), Westinghouse does not address the impact on margin of safety, but does imply that corrective action would be prudent. The Westinghouse letter of February 27, 1986, suggested several actions that licensees could consider pending resolution of this problem. After discussion with the NRC staff, Westinghouse submitted a clarifying letter on April 29, 1986. In summary, Westinghouse has recommended to licensees that they monitor the status lights for the P-10 bistable switches and for the P-10 permissive inter- locks in both trains of the reactor protection system when power is being reduced below 10 percent. In the event that. a licensee cannot confirm proper performance of the P-10 interlock, Westinghouse recommends that the licensee consider either (a) using jumpers as appropriate to enable any lost trips and alarms or (b) completing an orderly shutdown, opening the reactor trip breakers to preclude withdrawal of a control rod bank, and closing valves as necessary to preclude boron dilution and excessive feedwater flow. It is suggested that licensees with Westinghouse reactors consider informing their reactor operators of this potential problem and consider the need to revise operating procedures to guide operators in diagnosing and correcting the problem in a timely way if it occurs. If corrective actions involve the use of jumpers or lifted leads, IE Information Notice 84-37, "Use of Lifted Leads and Jumpers During Maintenance and Surveillance Testing," provides further suggestions. This notice requires no specific action or written response. If you have any questions regarding this matter, please contact the Regional Administrator of the appropriate regional office or this'office_ and L. Jotivatizn, Division of Emergency Preparedness . and Engineering Response Office of Inspection and Enforcement Technical Contacts: Frederick H. Burrows, NRR (301) 492-9789 Roger W. Woodruff, IE (301) 492-7205 Attachment: List of Recently Issued IE Information Notices Attachment 1 IN 86-105 December 19, 1986 LIST OF RECENTLY ISSUED IE IIF0bNTI0N NOTICES Information Date of Notice No. Sbalect • testa Issued to 86-104 Unqualified Butt Splice 17/16/86 All pressurized and Connectors Identified in boils ter reactor Qualified Penetrations facilities balding. an OL orCP Supplement 1 Overload RCICTu biiness Of AEli, MAGI, 12/17/86 All !vector ld ng an OL or CP 86-103 Respirator Cowling Nut 12/16/86 All power reactor Assembly Failures facilities holding an OL or CP and fuel facilities • 86-102 Repeated Multiple Failures Of 12/15/86 All power reactor Steam.Generator Hydraulic facilities holding Snubbers Due To Control an 0L or CP Valve Sensitivity • 66-101 Loss Of Decay Meat Removal 1Z/12/86 AlT PNR facilities Doe To Loss Of Fluid Levels holding in 01.or CP .In Reactor Coolant System 86-100 Loss Of Offsite Power To 12/12/86. All PNRs or Slits Vital Buses At Salem 2 holding an 01 or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an OL or CP _ 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation an OL or CP Program For N Stamp Holders 86-98 Offsite Medical Services 12/2/86 All powerreactor facilities holding. en OL or CP 86-97 Emergency Communications 11/26/86 All Power reactor actar �.._ ,...vncCL ore�nsfu_ - an OL.or CP an fuel .. facilities - - OL s Operating License - CP =Construction Permit UNITED STATES For CASS NUCLEAR REGULATORY COMMISSION - .mf oc I�`PAI WASHINGTON, 0,C.20565 MSC wASN.o.c. rel PnrOWc4r OFFICIAL BUSINESS.. . . PENALTY FOR PRIVATE USE,$300. - - • 2S0632006315 1 1CO1CY1F311AI COUNTY OF WELD BD OF COUNTY COMMISSIONERS CHAIRMAN PO BOX 758 GREELEY CO 80632 SS, S No. : 6835 IN 86-106 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 December 16, 1986 IE INFORMATION NOTICE NO. 86-106: FEEDWATER LINE BREAK Addressees: All nuclear power reactor facilities holding an operating license or a con- struction permit. Purpose: This information notice is to alert addressees of a potentially generic problem with feedwater pipe thinning and other problems related to this .event. Recipients are expected to review the information for applicability to their facilities and consider actions, if appropriate, to preclude similar problems occurring at their facilities. However, suggestions contained in this - information notice do not constitute NRC requirements; therefore, no specific action or written response is required. • Description of Circumstances: On Tuesday, December 9, 1986, at 2:20 p.m. , both units at the Surry Power Station were operating at full power when the 18-inch suction line to the main feedwater pump A for Unit 2 failed catastrophically. Eight workers who were replacing thermal insulation on a nearby line were burned by flashing feedwater. All were transported to area hospitals. Two workers were treated and released. Four other workers subsequently died. Units 1 and 2 are identical. In each unit, feedwater flows from a 24-inch header to two 18-inch suction lines that each supply one of two main feedwater pumps. At maximum load under normal conditions, feedwater flow through each . - pump is 5 million lb/hr. Feedwater temperature, pressure, and enthalpy, are 370°F, 450 psig, and 346 Btu/lb, respectively. At these conditions the fluid ' is in the single phase, liquid only regime. That is, the piping does not see a mixture of liquid and vapor. The event was initiated by the main steam isolation valve on steam generator C failing closed. Because of the increased pressure in steam generator C that collapsed the voids in the water, the reactor tripped on low-low level in that steam generator. A 2-by-4 foot section of the wall of the suction line to the A main feedwater pump was blown out and came to rest in an overhead cable tray. The break was located, in. an elbow in the 18 inch line about one foot . from the 24-inch header. The lateral reactive force generated by escaping 8612160250 IN 86-106 December 16, 1986 Page 2 of 3 • feedwater completely severed the suction line. The free end whipped and came to rest against the discharge line for the other pump. Steam flashing from the break and condensing in control cabinets and in open conduit piping apparently caused the fire suppression system to actuate, resulting in release of halon and carbon dioxide in the emergency switchgear room and in various cable tunnels and vaults and in the cable spreading room. Because of the volume of water and steam being released, operators isolated lines carrying high energy fluids to areas inundated by steam. Steam generator water levels were maintained with the auxiliary feedwater system, and system cooling was provided by actuating atmospheric dump valves as necessary. The primary system responded normally to the loss of load transient with a partial loss of main feedwater. Primary coolant temperature was stabilized at 520°F and pressurizer level was recovered as it reached the low level set point. Primary pressure decreased from 2235 to 2015 psig following the reactor trip. By 2 a.m. on the following day, reactor temperature had been reduced to the point where the residual heat removal system could be put on line. The unit reached cold shutdown that morning. During the recovery effort, the operators and the plant performed as expected. Discussion: The pipe material is A-1068 carbon steel and the elbow is 18-inch, extra strong A-234 grade WPB carbon steel. Nominal wall thickness of the suction piping is 0.500 inch. Measurements of the wall fragment demonstrated that the wall had been generally eroded to about 0.25 inch and was one of the causes of the failure. Preliminary examination of the 2-by-4-foot section of pipe blown out during the event shows the thinning to be, relatively uniform except for some small localized areas. The thinnest areas are localized and appear to be about 1/16 inch thick. Some corrosion pitting is present. A preliminary micro- examination indicated that the pipe surface near the fracture had not been highly strained as with a high stress event, such as a high pressure spike in the system. It has not been determined at this time whether a pressure spike in the system was a contributor to this event. There was no damage evident in the hanger supports to the condensate system. Inspection revealed a disabled check valve in the discharge piping of the A main feedwater pump. This check valve was found with its seat displaced and a hinge pin missing. On December 10, the licensee shut down Unit 1 for examination of the condition of feedwater piping. Inspection of the Unit I feedwater piping shows wall thinning similar to but not as severe as that in Unit 2. The NRC dispatched an augmented investigation team- (AIT) to the site . The AIT includes -a metallurgist and a water hammer analyst. IN 86-106 December 16, 1986 Page 3 of 3 The NRC will issue additional information as more inspection and analysis is completed. No specific action or written response is required by this information notice. If you have questions about this matter, please contact the Regional Adminis- trator of the appropriate NRC regional office or this office. Edward L. fiord Director Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement Technical Contact: Roger Woodruff, IE (301) 492-7205 Vincent -Panciera, Region II • (404) 331-5540 Attachment: List Of Recently Issued IE Information Notices s Attachment 1 IN 86-106 December 16, 1986 • • LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 86-105 Potential for Loss of 1 12/19/86 All holders of OL or CP Reactor Trip Capability for PWR or BWR at Intermediate Power Levels :86-104 Unqualified Butt Splice -12/16/86 All pressurized and Connectors Identified in boiling-water reactor Qualified Penetrations facilities holding an OL or CP 86-14 Overspeed Trips Of AFW, HPCI, 12/17/86 All power reactor Supplement 1 And RCIC Turbines facilities holding an OL or CP 86-103 Respirator Coupling Nut 12/16/86 All power-reactor Assembly Failures facilities holding an OL or CP and fuel facilities 86-102 Repeated Multiple Failures Of 12/15/86 All power reactor Steam Generator Hydraulic facilities holding Snubbers Due To Control an OL or CP Valve Sensitivity 86-101 Loss Of Decay Heat Removal • 12/12/86 All PWR facilities Due To Loss Of Fluid Levels holding an OL or CP In Reactor Coolant System 86-100 Loss Of Offsite Power To 12/12/86 All PWRs or BWRs Vital Buses At Salem 2 holding an OL or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an OL or CP 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation an OL or CP Program For N Stamp Holders 86-98 Offsite. Medical Services 12/2/86 All power reactor facilities holding an OL or CP OL = Operating License • CP = Construction Permit SSINS No.: '6835 IN 86-14, Supplement 1 UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, O.C. 20555 December 17, 1986 IE INFORMATION NOTICE NO. 86-14, SUPPLEMENT 1: OVERSPEED TRIPS OF AFW, HPCI, AND RCIC TURBINES Addressees: All nuclear power reactor facilities holding an operating license or acon- struction permit. Purpose: This notice provides information that supplements that contained in•Information Notice 86-14 regarding overspeed trips of Auxiliary Feedwater (AFW) turbines. It is expected that recipients will review the information in this notice for applicability to their facilities and consider actions, if appropriate, to ' preclude similar problems occurring at their facilities. However, suggestions contained in this information notice do not constitute NRC requirements; therefore, no specific action or written response is required. Background: IE Information Notice 86-14 described four events at PWRs during which turbine- driven AFW pumps tripped requiring manual reset. Additional review has identi- fied similar failures at other PWR facilities and BWR facilities. The NRC Office of Analysis and Evaluation of Operating Data (AEOD) has issued a study of existing data (from Licensee Event Reports) entitled "Operational Experience Involving Turbine Overspeed Trips," AEOD/C602. This information notice provides a summary of that study.* Description of Circumstances: The AEOD study examined a large population of events and focused on overspeed trips of turbine drives for AFW system service on PWRs and similar turbine drives for BWRs in high-pressure coolant injection (HPCI) and reactor core isolation cooling (RCIC) service. Essentially all the above turbines, are supplied by the Terry Corporation (Terry) and are equipped with governors. made by the Woodward Governor Company (Woodward). *A copy of the study report is available in the NRC Public. Document Room, 1717 H Street, N.W. , Washington, •DC;, 20555 for inspection and copying. 8612120139 IN 86-14, Supplement 1 December 17, 1986 Page 2 of 3 The study concludes that the dominant attributed causes of turbine overspeed trips are governor speed control problems and problems with the trip valve and overspeed trip mechanism. The governor speed control problems involve the following: 1. Slow response of the governor during quick startup Turbine overspeed trips at Zion 1 and LaSalle 1 were attributed to governor valve binding while closing. This condition occurred on turbines equipped with Model PG and EG Woodward governors, respectively. Incidents at Arkansas 2, Susquehanna 1, Palo Verde 1, and Grand Gulf were related to the sensitivity of the Model EG governor speed control charac- teristic function to minor system deficiencies, which by themselves should not cause overspeeding. Corrective actions at each of these plants involved changing the startup method so that a small steam flow admitted through a small bypass line warms the turbine before it is exposed to full steam flow. This approach is recommended by General Electric Service Information Letter (SIL) 377, dated June 1, 1982. 2. Entrapped oil in the governor speed setting cylinder As illustrated by an event at Turkey Point 3 (see IE Information Notice 86-14), turbines with Woodward Model PG-PL governors can overspeed from entrapped hydraulic fluid. Control oil pressure does not decay immediately when a governor is shut down. Depending on internal clearances, it may take as long as 30 minutes to fully decay. ' The most commonly used technique to accelerate depressurization is to manually exercise the speed setting knob at the governor. This adjustment introduces two possibilities for human error: the operator may inadvertently not fully dump the hydraulic system or may not correctly reset the speed control. 3. Incorrect governor setting Six events occurred during surveillance testing with the governor speed set too high without the operators being aware of the errors. Two events in which the turbines actuated on automatic safety signals were determined to be caused by the operators' failures to follow procedures and check speed settings. Therefore, events involving incorrect governor speed settings may be attributed to an inadequacy in the adjustment and calibra- tion-procedures, an operator's failure to follow procedures, or a combina- tion -of the- two. 4. Water induction into the turbine Condensate adversely affects control of the turbine speed. Four PWRs have experienced overspeed trips due to water in the steam supply lines. Condensate, containing significantly less energy than an equivalent mass of steam, tends to slow the turbine and cause the governor to open the governor valve further. On clearing of the condensate, the governor cannot close the governor valve fast enough to prevent a turbine overspeed trip. • IN 86-14, Supplement 1 December 17, 1986 Page 3 of 3 No specific action or written response is required by this information notice. If you have any questions about this matter, please contact the Regional Administrator of the appropriate regional office or this office. 4Thotor Division of Emergency Preparedness and Engineering Response Office of Inspection and Enforcement Technical Contacts: C. Vernon Hodge, IE (301)492-7275 Chuck Hsu, AEOD (301)492-4443 Attachment: List of-Recently Issued IE Information Notices • • • Attachment 1 IN 86-14. Supplement 1 December 17, 1986 ' LIST OF RECENTLY ISSUED IE INFORMATION NOTICES - Information Otte of Notice No. Subject Issue Issued to 86-103 Respirator Coupling Nut 12/16/86 All power reactor Assembly Failures • facilities holding an OL or CD and i fuel facilities 86-102. Repeated Multiple Failures Of 12/15/86 All power reactor Stead Generator Hydraulic facilities holding SnubberseOuc To Control an OL or CP Valve Sensitivity _ 86-101 Loss Of Decay Heat Reioval 12/12/86 All PWR facilities Due To Loss Of Fluid'Levels holding an OL or CP In Reactor Coolant Systee 86-100 Loss Of Offsite Power To 12/12/86 All PWHs or BWRs Vital Buses At Salee 2 holding an 0L or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an OL or CP 86-21 Recognition Of American 12/4/86 A11 power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation an OL or CP Program For N 5Sn Holders 86-98 offsite Medical Services 12/2/86 All power reactor facilities bolding an OL or CP 86-97 Emergency Comunications 11/28/86 All power reactor System facilities holding an CL or CP and fuel facilities 86-96 Heat Exchanger Fouling Can 11/20/86 All power reactor Cause Inadequate Operability facilities holding Of Service Water Systems an OL or CP 86-95 Leak Testing Iodine-125 11/14/86 All NRC licensees Sealed Sources In Lixi, Inc. authorized to use Imaging Devices and Bone Lixi. Inc. imaging Mineral Analyzers - devices Dt =Operating License CP= Construction Permit UNITED STATES rutin CLASS MAIL NUCLEAR REGULATORY COMMISSION POSTAGE Sr MEI PAM WASHINGTON, D.C.20555 IMAMWASH.D.C. PINAR eeo.aP. OFFICIAL BUSINESS -PENALTY FOR PRIVATE USE 4300 • • 280632006315 1 1CO1CY1FB11S1 COUNTY OF WELD BD OF COUNTY COMMISSIONERS • CHAIRMAN PO BOX 758 GREELEY CO 80632 GEORGE REDDI N P a Box 388 - 505 West Platte Avenue ATTORNEY end COUNSELOR AT LAW FORT MORGAN.COLORADO 8070; 'Telephone:887-5811 December 18, 1986 k" a DEC23 ThSrf• GRE, Diversified Operating Corporation Hudson say Centex 1600 Stout Street Suite 1500 . Denver, Colorado 80202 Attention: Glen A. Miller, Consultant Re: Construction of Natural Gas Pipeline 'crossing Delwyn Northup' s land Dear Mr. Miller: • Reference is made to your notice of Diversified. Operating . ' Corporation' s intention to construct a natural gas pipeline crossing Delwyn Northup' s. property in Section• 4, Township" -7 North, Range 58 West of :the 6th P.M. In your letter you indicate that it will be built along the west side of Weld County Road 127. This is to notify you that this was an Old road which has never been maintained and possibly may have been abandoned_ But whether it has been abandoned or not the only thing that Weld County :has is: an easement for a right of way. Weld County' s rights do not go below the surface and Mr. Northup. is the owner of .everything underlying the surface. This is to advise you that he does not consent to the building of this pipeline on his property. If you attempt to -build this pipeline without his consent you will be trespassing on his property and appropriate steps will betaken to protect his legal rights. Very truly yours, Iit;G-t ' G orge Reddi GR:kr • cc. Delwyn Northup and Weld County Commissioners 8 d nr�r cr.� !'� % to-aY?c, • SUMMARY OF THE WELD COUNTY PLANING COMMISSION MEETING December 16, 1986 A regular meeting of the Weld County Planning Commission was held on December 16, 1986, in the County Commissioner's Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was ?` 'called to order by the chairman,- Jack Holman at 1:30 p.m. Tape 260 - Side 2 ROLL CATT Lydia Dunbar Present Doug Graff Absent Ivan Gosnell Present Leann Reid' Absent - Called in Louis Rademacher - Present Lynn Brown Absent- Called .in Paulette Weaver Absent 'Ann Garrison Present Jack Holman - -Present Also Present: Keith Schuett, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on December 2,1986, was approved as distributed-. The Chairman announced the last item on the agenda would be moved to first on the agenda. This item was continued from the December 2, 1986,-meeting of the Planning Commission. Consider an Amendment to the Weld County Subdivision Regulations, Section 11-2 concerning the installation of off-site road improvements for developments in the unincorporated areas of the County. Rod Allison, Principal Planner, reported changes to the Subdivision Regulations, as suggested by the Planning Commission at the last meeting, are underlined. MOTION: Ann Garrison moved that the proposed amendments to Section 11-2 of the Weld County- Subdivision Regulations concerning the installation of off-site road improvements for developments in the unincorporated areas of the County be forwarded to the Board of County Commissioners with the Planning Commission's-`recommendation for approval. based: upon: the recommendation of the Department of Planning Services staff. ` Mottaa 'seconded by Lydiai:Dunbar. Bdinnj /2-24-86 Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 2 The Chairman called . for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Ivan Gosnell ..-yes; Louis Rademacher - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: DSR-767:86:48 : APPLICANT: Henry J. and Susan M. K. Beecher (T. J. Kennels) REQUEST: Use by Special Review permit for a 65 dog kennel LEGAL DESCRIPTION: Part of the SW}, Section 26, T7N, R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 3 miles: east of Eaton; north of Weld County Road 76 and east of Weld County Road 45 APPEARANCE: Henry D. Beecher, applicant, and Robert E. Ray, Attorney. Mr. Beecher reported he plans to put in ten dog runs to raise greyhounds to train. There are 18.6 acres on this site. Be currently has eighteen dogs, but he wishes to enlarge his operation to a total of sixty—five dogs. , There will be no other buildings erected at .this site. There is a training track four miles south which he leases to train the dogs to run. The dog runs are enclosed with a fenced area. Only the dogs in training are housed overnight. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and development .standards as outlined by the Department of Planning Services staff. He stated he has and does not agree with Development Standard #2 stating that all dogs must be housed. at night. There will be a minimum of twenty-four dogs that will not be housed at night. Earl Anderson, greyhound raiser and trainer, reported he has been in the greyhound business for twenty-five years. NOTICE: 1:45 p.m. Paulette Weaver is now present. Ht. -Anderson explained that young -pups: are not housed during the day. In the nighttime they have their insulated houses, but they are not locked in. Robert Ray -explained. that ,the operation of,the.L kennels will not interfere with :oil and gas.drilling rights. • Summary of the Weld County Planning Commission Meeting- December 16, 1986 Page 3 • AMENDMENT: Ann Garrison moved Development Standard #2 pertaining to all dogs being confined indoors during nighttime hours be deleted. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the: Planning Commission. Discussion followed. The Chairman asked the members -of the Planning Commission for their decision. Motion carried unanimously. AMENDMENT: Ann Garrison moved a new Development Standard' #2 and a new Development Standard #3 be added to read as follows: 2. The maximum number of dogs allowed out of the enclosed kennel between the hours of 10:00 p.m. and 6:00 a.m, shall be 32. 3. A six (6) foot high by one hundred fifty (150) foot solid wood fence shall be constructed between Weld County Road 76 and the kennel area. If complaints, in writing, are received by the Department of Planning Services about 'noise coming from the- kennel, a six (6) foot high solid wood fence shall be Construct- around the kennel and run area. and that all following standards be numbered consecutively. Motion seconded by Lydia Dunbar. The Chairman ' called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. - Motion carried-unanimously. - The Chairman called for discussion :from the members of the audience. There was none. The' Chairman asked that reading of, the' recommendations, conditions, and • development standards as outlined by 'the Department of Planning: Services staff be dispensed with and that they • be filed with the summary as a permanent record of -these proceedings. • Summary of the Weld-County Plnnntng__Commission Meeting December 16, 1986 Page 4 Tape 262 — Side 1 MOTION: Louis Rademacher moved Case Number USR-767:86:48 for Henry J. and Susan M. Beecher (T. J. Kennels) for a use by Special Review permit for a sixty-five dog greyhound kennel be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, as outlined by the Department of Planning Services staff and the development standards as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the secretary to poll the members of the Planning Commission for their -decision. Lydia Dunbar - yes; Ivan Gosnell - yes; Louis Rademacher - yes; , Paulette Weaver - Abstain, because she was not present to hear all of the testimony. Ann Garrison - yes; Jack Holman- yes.- Motion carried with five voting for the motion and one abstaining.. CASE NUMBER: USR-768:86:49 APPLICANT: Charles Hobday REQUEST: Use by Special Review permit for a recreational facility (recreational train facility) LEGAL DESCRIPTION: _ Part of the S£} of Section 30 and the E} E}. E} of Section 31, T2N and the Ej E} NE} of Section 6, TIN, all in R65W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles west of Hudson, north of State Highway 52 APPEARANCE: Don Drawer represented the applicant. This railroad has been in: existence since 1966 as a hobby. They now want to open a school to teach students how to operate a steam engine. They have an engine and two miles of track. The engine is diesel so the danger of fire caused by sparks is very small. There are some old buildings. Some have been moved in and others have been constructed. They are presently operating under a nonconforming use permit, but now that they want to run the school they need a Use by Special Review. They would like to house their first .students in Fort Lupton. The Health Department has given them permission to install cisterns for water as long as they are checked regularly. Also, the steam locomotive uses a lot of water and a well may not supply sufficient amounts of water. They have some track, etc., stacked outside and they do not want to fence it because they don't want it to look modern. They want it to look authentic. Summary of the Weld County Planning.Commission Meeting December 16, 1986 Page 5 The Chairman asked Mr. Drawer if he had reviewed the recommendations, conditions and development standards as outlined by the Department of Planning Services staff. He stated he had and he had no objections to them as long as the term screening did,not mean fenced. The Chairman called for discussion from the members of the audience. Jimmy Miller, property owner to the west, reported this was an airport and now it is a railroad which is just a pile of trash and a disgrace to the community. He asked the members of the Planning Commission to conduct a tour of the site before reaching any decision. Andrew Haller, adjacent property owner, stated he is concerned about the right-of-way on Weld County Road 39 .which he wants the County, to retain. Eugene Ziemer, owns the _£arm on the east side-of this property, stated he . . . .does not. object to this. request, but he would-like to see certain standards met. - MOTION: Paulette Weaver moved Case Number USR-768:86:49 for Charles Hobday be continued until sometime in January or February to allow the Planning Commission time to tour, the property. _ Motion seconded .by Ann,_;Garrison. The Chairman asked the members of the Planning Commission for their decision.. -Motion carried unanimously. MOTION: Paulette Weaver moved Case Number USR-768:86:49 for Charles Hobday for a Use by Special Review permit for a recreational train facility be continued until the regularly scheduled meeting of the Planning Commission to be held . on February 3, 1987, at 1:30 p.m. Motion, seconded by Ann Garrison. The Chairman called for discussion from _the nembers of the. Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their .decision. Motion-carried 7 unanimously. Summary of the Weld County Planning Commission'Meeting . December 16, 1986 Page 6 • • CASE NUMBER: S-272:86:17 APPLICANT: Milton L.- Kahn, Edwin S. Kahn, Waterford Ranch Company REQUEST: Approval of a final plat for a minor subdivision (two lots) in a C-3 (Commercial) Zone district LEGAL DESCRIPTION: Part of the W} SWI of Section 2, T2N, R68W of the 6th P.M., Weld County,'Colorado - LOCATION: East of I-25 Frontage Road and north of Weld County Road 24 APPEARANCE: Ken Dell, Planner, Rocky Mountain Consultants, represented the applicant. They are asking for a minor subdivision of a ten acre parcel. The division will make two 5 acre parcels. There are no immediate plans for any development on this land. They are asking for the minor subdivision because a recorded exemption has been given for the New Creation Church. The Weld County Utilities Coordinating Advisory Committee has reviewed this proposal and are recommending approval. They will work with the weld County Engineer to complete plans for updating Weld County Road 24. The Chairman asked if they had reviewed the recommendations and conditions as outlined by the Department of Planning Services staff. He stated they have/and agree with them. 'The Chairman called for discussion from the members of the audience.. There was none. The Chairman asked that reading the recommendations and conditions into the record be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: -Lydia Dunbar moved Case Number 272:86:17 for Milton L. Kahn, Edwin S. Kahn, Waterford Ranch Company -be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the -Department -of Planning Services staff and the testimony heard by the members of the -Planning Commission. Motion seconded by Ivan Gosnell. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver yes;, Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. Summary of the Weld County-Planning:Commission Meeting December 16, 1986 Page 7 CASE NUMBER: USR-769:86:50 APPLICANT: New Creation Ministries and World Out Reach Church REQUEST: Use by Special Review permit for a church and school LEGAL DESCRIPTION: ' .Part:'ofrtheSWl oi:,.Section. 2, T2N, R68W of the 6th p.m., Weld County, Colorado LOCATION:. East of the I-25 Frontage ,Road and north of Weld County Road 24 APPEARANCE: Ken Dell, Planner, Rocky Mountain Consultants, represented the applicants. He distributed floor plans of the proposed church building. A copy was retained as evidence by the staff. The school will not begin for at least two years and will be large enough to handle .approximately six hundred students. They have reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff and they do not agree with Development Standard #3 complying with an eighty foot height requirement. While the main buildings will be below this standard, the steeple may be taller once the plans are completed. Keith Schuett stated the staff's feeling was that the eighty foot maximum 'height restriction would provide uniformity and be the same level as the signs in the area. Lee Morrison explained that what should be consider is what would be • consistent for business_-.type of-::buildings;:- :This :should not necessarily be - an extension of--a business-type of-building because- this is a church. Tape 262 Side 1 AMENDMENT: Paulette Weaver moved Development Standard #3 be amended to read as follows: • 3. No structure or.portionof a structure shall exceed eighty (80). feet: - in- -height -with the: exception of 'the steeple .or other' nonhabitable appurtenances. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning ::Commission. Discussion' followed. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 8 The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called for discussion from the members of the audience. Dennis Hiatt, representing the Del Camino Area business, distributed an article on "Birth of a City," which entails the Del Camino Area. A copy was retained as evidence by the staff. Their group feels the church will be an asset to the area. It is his feeling the steeple should be taller than the signs in the area so it is known that there is a church in the vicinity. Bill Meier, Union Rural Electric Company, stated they are in favor of this request from -a utility standpoint. They are interested in the building going on in this area because they are the supplier of the electrical services.and service can .be easily provided for in this area. 'Don Johnson, Saint Drain Sanitation District, this building. is important for the plans they have for this area. The Chairman asked the applicant if .they had reviewed the recommendations, conditions, . and development standards_ as outlined by the Department of Planning Services staff. They have and have no objections now that noninhabitable appurtanences are allowed to exceed the eighty foot limit. The Chairman asked -that reading of the recommendations, conditions, and development- standards be. dispensed with-since there was no .opposition to this request and that they be filed with the summary as a permanent record of these proceedings. MOTION: Ann Garrison moved Case Number USR-769:86:50 for New Creation Ministries and World Out Reach Church for a Use by Special Review permit for a church and school be forwarded to the Board- of County Commissioners with the Planning Commission's. recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff, the development standards as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of - the Planning Commission. Motion seconded by Lydia Dunbar. The Chairman called for discussion from: -the;. members - of the Planning Commission. Discussion followed. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 9 Lee Morrison reported that since we are still under the old Comprehensive Plan this request must be evaluated by the Planning Commission under that plan. However, since were are between the old plan and adoption of the new plan, if this request is denied, the applicant may come back and ask that it be considered under the new Comprehensive Plan after its approval. Only requests made during this brief time between the two plans have this privilege. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar — yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - No, based upon the intent of the existing Comprehensive Plan which states that urban-type uses should be located adjacent to existing municipalities and this is not an existing municipality. Also, by locating something with this type of traffic adjacent to an interstate highway will create problems with the traffic an • -_ the interstate highway. Ann Garrison - yes; Jack Holman - yes;. Motion carried with five voting for--the motion and one voting against the motion. The Chairman called a recess at 4:40 p.m. The Chairman called the meeting to order at 4:50 p.m. CASE NUMBER: USR-770:86:51 APPLICANT: Aurora Capital Corporation REQUEST: Use by Special Review permit for a livestock confinement operation (2,400 head dairy) LEGAL DESCRIPTION: SW} ,of Section 32, T4N, R67W of the 6th P.M., Weld County, Colorado LOCATION: At the northeast corner of the intersection-of Weld County Roads 15 and 38 APPEARANCE: Ken Dell, Planner, Rocky Mountain Consultants, represented the applicants. This will be a commercial dairy on 161 acres. Aurora Capital wants this dairy to exceed all standards and State and County guidelines. This property is the old Anderson Feedlot. The house will remain on the property, but other structures and feedlot pens will be removed. The dairy is planned to be constructed in two phases. Each phase will have three mobile homes. Sanitation ssstems will be handled according to accepted design. -Each phase of the dairy will have a cistern witch will be filled on off peak hours with water from the Little Thompson Water District. Each phase will have one thousand two hundred cows. He explained how the sedimentation and retention ponds will -be -constructed and operated. Water from the third or last pond will be used to irrigate the property._ All ponds will have clay liners -to . prevent water from seeping into the underground water table. There are four residences close to,the - dairy operation, but none is closer than six hundred and fifty feet from the dairy operation or the ponds. Impacts of the dairy are designed to be confined to the property. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 10 Tape 262 - Side 2 Robert James, Project Engineer, Rocky Mountain Consultants. The sanitation • system vas designed to take into consideration surface' and- subsurface conditions, prevailing winds, runoff, etc. Each retention pond has been designed to hold one hundred and thirty percent of the estimated twenty-five year flood plain run off. Steve Rivas, S. P. Rivas Company, stated he had been contracted to subdue the odor problem at both dairy sites. They use blue-green algae, two feet on the top of each pond, to eliminate the odors. Jerry Gray, Anchor Animal Health, reported his company handles insect control at Colorado Dairy and will also handle it at this site. Colorado Dairy does an excellent job of removing the debris, etc., from the site to cutdown on the inspect population. Mark Pepperzack, President, Aurora Capital, stated they would not be doing this if they did not have a market for their product. He considered• this dairy a family operation. They did want to acquire property across from the existing dairy, but this was not possible. This land is dryland and he feels they are creating a land-use product. Phase one will be completed in 1987 and phase two will be completed in 1988. Barney Little, General Manager, Colorado Diary Farms, stated they have fifty-three full time employees, fifty-one of which are local. The new dairy will employee thirty-five people. The bulk of their products are _ • bought locally. They rent six houses close to the dairy for their employees. They have spent three and one-half million dollars locally so far this year. Approximately nine hundred replacement cows : are purchased per year. He also reviewed the estimated truck traffic that would be needed to serve the-dairy: Tape 263 - Side l The Chairman asked the applicant if they objected to having the opposition speak first and then those- who are in favor of this request speaking last. The applicants did not object to this proposal. The Chairman asked that each speaker limit their time to three to five minutes and asked that those speaking try not to be repetitive and limit their testimony to new material. Lee Morrison reviewed the -criteria that must-be used in making a decision by the Planning- Commission. He reviewed Section 24.3>of the Weld County Zoning Ordinance. This is a land-use decision and should be the bulk of the criteria-`taken into consideration on-Which decision is based: • Summary of the Weld County Planning -Commission Meeting December 16, 1986 Page 11 Thomas Hellerich, Attorney, Dinner, Hellerich, and Lazar, represented a group of fifty to fifty-two individuals who are in opposition to this request. Use by Special Review standards require that the health, safety and well being of the residents in the area are protected from traffic, dust, odor, noise, water, etc. They do not feel these safeguards have been met. This is a business and not a farm and it does affect the economy adversely. He asked that he be able to introduce each of those he represents who wish to speak. Following all testimony he would like to be able to conduct a summation. Nanette Adler represented a concerned citizens group. She distributed a map showing residents in favor, no opinion, and for this proposal. A copy was retained by the staff for evidence. Faye Elms, property owner north of the proposed diary, was opposed to this request because of the increased traffic, dust, and odor. Ann Sorenson lives on land adjacent to the proposed dairy. She is against this proposal because of odors; traffic, and possible declining land values. Robert Willson lives 3.5 miles from the property. He is opposed to this request because of the increased traffic, dust, odors. He also doubted Little Thompson Water District could supply ample water for this operation, and he questioned the effectiveness of clay pond liners. Tape 263 - Side 1 Nils Fry, property owner within five hundred feet, is opposed to this request because of the increased traffic and odor. They bought this land for a building site and if the dairy goes in they will probably never build on it or be able to sell it. Mel Leinweber spoke against this request because of increased traffic and the danger this may impart to school children and the school busses. Greg Brown spoke against this request. He questioned-the need. for more milk and more local markets for feed. Jack McAnn area resident, stated this is a corporation. It is not a citizen. They are outside investors and not private citizens. It is private citizens who are- against --this proposal. Also, corporations don't vote.': - ._. Summary of the Weld 'County Planning-,Commission Meeting December 16, 1986 Page 12 Ed Reichert, area resident-, is opposed to this request because of the-,smell, shortage of water -under the Little Thompson, and 'devaluating land prices. Re also spoke_as a realtor on the real estate aspect of the land surrounding the dairy. Joe Elms, area resident spoke against this proposal because of the odor and increased traffic. Judith Green, Northmoor Acres, stated there are eighty families living in Northmoor Acres and they are concerned about the odor. Charles Stieff is against this proposal for all the reasons previously given. Duane Fry, surrounding property owner, is- opposed to this request for the many good reasons already given._ This is a twenty-four hour a day operation and it disturbs a farming community. Bob Schellenberger, Northmoor Acres, stated eightyy--families live one and one—fourth miles north of the proposal. The waste from two thousand four hundred dairy:.cows is. the -equivalentcto the waste of a town of thirty eight thousand people. therefore. he does not see how the retention-ponds can be odorless. Charles Gray is opposed to this request because of decreasing property - values. He cannot sell his land until he sees if this dairy is going to go onto this site. - 'The Chairman called a break at 6:15_p.m. The meeting was called to order at 6:20 p.m. Jerry `Sidwell, Gill, does custom farm work_ He is for the dairy. He buys hay from approximately twenty-farmers in the area and sells it to the dairy. Justin-Sidwell, Gill, does--custom farm work with his brother. He is for the dairy. Whether or not a lot of feed is hauled in 'and-stored on the, property or whether it is brought in daily does not make a lot of difference in the average amount of truck traffic. Curtis Strong, area resident, is here is support of this request. The applicant's operation is exemplary. They employ people whom they pay, good wages and provide good housing. It is a good outlet for farm products and we should welcome anything that utilizes farm products. The odor problem is being constantly addressed. People should expect farming odors in farming - communities as the norm, and this is a farming community. A Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 13 Bill Claus, custom hay business, is for the dairy. Colorado Dairy buys a lot of hay from him. Shaun Martin, veterinary supply business, stated this is one of the top dairies he sees. It is clean, insect free, and the odor problem cannot be blamed entirely on the dairy. -There is a twelve thousand head feedlot just around the corner. Charles Sorenson, livestock herder, spoke in support of this request. Dick Poulkman stated may farmers have incorporated and they are still good neighbors and good citizens. He does a lot of repairs on the dairy and is impressed with the clean, neat operation. John Ewing, Veterinarian, feels Colorado Dairy has done a good job of handling odors, wastes, and control of insects. Joseph Gabel, area farmer, stated farmers farm to make money and Aurora Capital has let him do this. Phil McCoy, area resident is for this proposal. Ken 'Dell reported they had received a letter from Little Thompson Water District stating they can supply ample water for this.project. The Chairman asked Keith Schuett to read the recommendations, conditions, and development standards as outlined by the Department of Staff .into the record. Tape 264 - Side 2 MOTION: Ann Garrison moved Case Number USR-770:86:5I for Aurora Capital Corporation for a Use by Special Review permit for a livestock confinement operation, a 2,400 head dairy, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial. This proposal is not consistent with the intent of the district for which the use is located. Although the district is zoned agricultural, the use of this land would be much more intense, and the more intense use of the land would create problems for the residents. While the Corporation intends to protect the welfare of the inhabitants of the neighborhood and the County, correcting problems after they exist is not sufficient protection for its neighbors. Also, the uses of the land (as a dairy) would not be complimentary or - compatible with surrounding land-uses as the surrounding land-uses are not used in such an intense manner. In the future, land will probably not be developed agriculturally in such an intense manner and, therefore, the property would be not compatible with future development of the area. Motion seconded by Paulette Weaver. Summary of the Weld County Planning Commission Meeting December 16, 1986 Page 14 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman reminded the Planning Commission members that since the recommendation is for denial, and the staff's recommendation is, for approval, reasons should be given for their decision. • The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - Yes, her reasons are very similar to the reasons outlined by Ann Garrison. Also, this type of an operation should be taken into an area Where there is less population and it would blend in better with other agricultural uses. Ivan Gosnell - Yes, for the same reasons. He also feels there could be some potential traffic problems that have not been studied. Louis Rademacher - Yes. Because the landowners in the area are against having an operation such as this, and for the reasons outlined by Ann Garrison. Paulette Weaver - Yes. She agrees with the comments made by Ann Garrison. This may be a well designed facility, but well designed facilities must be located in appropriate locations because as Lydia Dunbar stated, there are probably many areas in the County that would welcome this type of development, but this area, southwest Weld County, whether we like it or not is growing residentially and this type of use is not compatible with: this current and future growth. Ann Garrison - Yes. Jack Holman r 'Abstain because, of :a possible conflict of interest because he too is a dairyman. Motion for denial carried with five voting for the motion and one abstaining. The meeting was adjourned at 7115 p.m. Respectfully submitted, C\cCa Bobbie' Good Secretary- DEPARTMENT OF PLANNING SERVICES Cases approved by Administrative Review 12/12/86 through 12/19/86 CASE NUMBER NAME AM RE-256 Gruen AM RE-730 Kahn - Waterford Ranch Company RE-961 Fred Brunner Trust RE-963 Thome RE-965 Brown SE-290 Gruen ZPMB-1241 Yarbrough a\\aaj'Asaffita Chuck Cunliffe, Director Department of Planning Services 2. AR2081P36 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW evO o V Applicant: Ronald and E. Robert Gruen Case #SE-290 ti V Legal Description: Part of the SWI of Section 22, T6N, R64W of the 6th c P.M., weld County, Colorado (see attached legal description). 0 0 0 C Criteria Checklist va W Meets Criteria 0 0 Yes No NA N ca C 1. The proposal is consistent with the policies • AC of the Weld County Comprehensive Plan. x w m O X 2. The boundary change or temporary use location N z which would be allowed on the subject property N H by granting the request will be compatible n H with the surrounding land uses. ti CO WX 3. In those instances when used pursuant to too Section 9-3 B. (2) of the Weld County e`c. Subdivision Regulations, the request is the co z best alternative to dispose of existing oz improvements in conjunction with the companion o Recorded Exemption. Va wq� APPROVED en• v M.e N Subdivision Exemption is approved in accordance with information submitted el ~ in the application and the policies of the County. The Department of 04 1'4 Planning Services has determined through its review that the standards of ----= Section 9-3 E. of the Weld County Subdivision Regulations have been met. By Chv.,( Date December 16, 1986 Chuck Cunliffe, Director L��o� � 861231 LEGAL DESCRIPTION A tract of land located in the Southwest Quarter (SW1) of Section 22, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (W≥ Cor) of said Section 22 and considering the West line of Section 22 as bearing South 00°19'14" East with all other bearings contained herein relative there- NO to; Thence South 00°19'14" East along said West section line, 20.00 feet to o v the TRUE POINT OF BEGINNING: Thence North 89°47'07" East, 581.00 feet; Thence South 00°19'14" East, 600.00 feet; Thence South 89°47'07" West, 581.00 feet to or 0 a point on the West line of said Section 22; Thence North 00°19'14" West along said Wrest section line, 600.00 feet to the TRUE POINT OF BEGINNING. c g Said described parcel contains 8.00 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as 0 cc now existing on said described parcel of land. u SURVEYOR'S CERTFICAT£ ri CC I HEREBY CERTIFY THAT I HAVE PREPARED THIS LEGAL DESCRIPTION. w <;. • pc W _ mU J S R EESE °a' _�± a• x .• O. :E. L.S.#43fl , 4392 tl : N #°v ti y 40 cc m• z o Z C.) CC wad a es to el ,-1 V' • ggi 861231 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 24, 1986 TAPE #86-82 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, December 24, 1986, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner — Excused Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Assistant Weld County Attorney, Lee D. Morrison Acting Clerk to the Board, Mary Reiff MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 22, 1986, as printed. Commissioner Kirby seconded the motion and it carried unanimously. CERTIFICATIONS OF BEARINGS: Commissioner Lacy moved to approve the Certification for the hearing conducted on December 22, 1986: 1) GNMA Collateralized Mortgage Revenue Bonds. Commissioner Kirby seconded the motion and it carried unanimously. ADDITIONS: There were no additions to today's agenda. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner 'Kirby seconded the motion and it carried unanimously. WARRANTS: Claud Hanes presented the following warrants for approval by the Board: General fund $112,051.53 Social Services 3,265.21 Handwritten warrants: General fund 17,111.67 Payroll 956,036.22 Commissioner Lacy moved to approve the warrants as presented by Mr. Hanes. Commissioner Kirby seconded the motion which carried unanimously. BIDS: APPROVE PLAIN PAPER COPIER - HEALTH DEPT: Bette Rhoden, Purchasing Director, said these bids were presented December 10, to be considered for approval today. She read the names of the bidders and bid amounts into the record before recommending acceptance of the low bid, submitted by Associated Business Products, in the amount of $8,750.00. Commissioner Lacy moved • to approve the low bid as recommended. The motion was seconded by Commissioner Kirby and carried unanimously. APPROVE MILK BID - VARIOUS DEPTS.: Ms. Rhoden said these bids were presented December 10, to be considered for approval today. Only two bids were received, and she recommended acceptance of the lower bid, submitted by Lowell-Paul Dairy, Inc. in the estimated amount of $16,332.16. Commissioner Kirby moved to accept the low bid as recommended. Commissioner Lacy seconded the motion which carried unanimously. APPROVE ASPHALT BID - ROAD AND BRIDGE: Ms. Rhoden read the bidders and bid amounts for this item, which had been presented December 10, and is being considered for approval today. Drew Scheltinga, Director of Engineering, came forward to make a recommendation. He commented that this year's bids reflect a 25% savings over last year's bids. Flatiron Paving, of Greeley, was the low bidder on both hot and cold bituminous pavement mix, and while it was not the low bidder on emulsified asphalt, which is used prior to laying the pavement mix, he recommended that all three bids be awarded to Flatiron Paving. He further recommended that his department be authorized to get the hot and cold bituminous pavement mix needed for patching purposes in the southwest portion of Weld County from Frontier Materials, of Erie. Although their price is higher, the savings in hauling time will be significant. Commissioner Lacy moved to approve Mr. Scheltinga's recommendation in total. Seconded by Commissioner Yamaguchi, the motion carried unanimously. BUSINESS: NEW: CONSIDER FOSTER CARE PLACEMENT ALTERNATIVE-PARENT ADVOCATE PROJECT AND AUTHORIZE CHAIRMAN TO SIGN LETTER: Dan Fowler, of Social Services, explained that this was developed by the Placement Alternatives Commission and will cover the period of time from February 1 through June 30, 1987. Ann Heiman, of the Placement Alternatives Commission, also made comments concerning this Project. Commissioner Kirby moved to approve the Foster Care Placement Alternative—Parent Advocate Project and authorize the Chairman to sign a letter regarding this. The motion, seconded by Commissioner Yamaguchi, carried unanimously. CONSIDER PLOWING PERMIT #86-2 AND COLLATERAL FOR WILLARD SOPER AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Morrison stated that the County Attorney's office has reviewed the letter of credit presented as collateral and found it to be acceptable. Mr. Soper and Robert Hill came forward to answer questions of the Board. Commissioner Lacy moved to approve Plowing Permit #86-2 and the collateral presented and authorize the Chairman to sign the Plowing Permit. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER ASSIGNMENT OF INTERNAL IMPROVEMENTS AGREEMENT BETWEEN BEEBE DRAW LAND COMPANY, LTD. AND BEEBE DRAW FARMS METROPOLITAN DISTRICT: Mr. Morrison explained that a Metropolitan District has been formed in the Beebe Draw area, and this assignment will transfer the responsibilities for internal improvements to this district and recommended approval. Commissioner Lacy moved to approve the assignment as recommended. Commissioner Kirby seconded the motion and it carried unanimously. Minutes — December 24, 1986 Page 2 • CONSIDER ASSIGNMENT OF ETERNAL IMPROVEMENTS AGREEMENT BETWEEN BEEBE DRAW LAND COMPANY, LTD., AND BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION AND BEEBE DRAW FARMS METROPOLITAN DISTRICT: Mr. Morrison said this assignment concerns the external improvements associated with the Beebe Draw project; namely Weld • County Roads 32 and 39. Commissioner Lacy moved to approve this Assignment of External Improvements Agreement and Commissioner Kirby seconded the motion. The motion carried unanimously. CONSIDER QUIT CLAIM DEEDS FOR BLANCHE M. PRESTON; MARILYN J. & GEORGE G. GLENN; MELVIN D. & EDITH R. GULLETT; AND SOUTHEAST WELD FIRE PROTECTION DISTRICT, CONCERNING VACATION OF HARRISON STREET, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Morrison explained that this is a follow-up on the Board's recent approval of a replat in the Town of Roggen. These Quit Claim Deeds will convey the property to the adjacent landowners, who in turn will convey it to the Fire Protection District. Commissioner Lacy moved to approve the Quit Claim Deeds as recommended and authorize the Chairman to sign. Commissioner Kirby seconded the motion which carried unanimously. CONSIDER EMERGENCY ORDINANCE #2-A, IN MATTER OF AMENDING AND CORRECTING QUIT CLAIM DEED CONCERNING VACATION AND CONVEYANCE OF PORTIONS OF COUNTY-OWNED ROADS TO TOWN OF PLATTEVILLE: Mr. Morrison said this is necessary to correct the legal description contained in a Quit Claim Deed approved ten years ago. The original action was taken by Ordinance; therefore, this correction is also being done by Ordinance. Mr. Morrison read Emergency Ordinance #2-A into the record. Commissioner Lacy moved to adopt said Ordinance and direct the Clerk to the Board to publish forthwith. The motion was seconded by Commissioner Kirby. No public comment was received concerning Emergency Ordinance #2-A. The Ordinance was adopted unanimously. PLANNING: ZPMH #1250 - ROSALES: Chuck Cunliffe, Director of Planning Services, read the Planning staff recommendation for approval of this permit for an extension beyond six months for temporary storage of a mobile home. Bessie Rosales, the applicant, came forward to answer questions of the Board. Commissioner Kirby moved to approve ZPMH #1250 for Bessie Rosales. Commissioner Yamaguchi seconded the motion which carried unanimously. ZPMH #1251 - OAKLEY: Mr. Cunliffe read the Planning staff's recommendation for approval for a principal dwelling, subject to two conditions, into the record. Judy Oakley was present to answer questions of the Board. Commissioner Lacy moved to approve ZPMB #1251 for Judy Oakley, subject to the conditions recommended by the Planning staff. The motion, seconded by Commissioner Yamaguchi, carried unanimously. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Emergency Ordinance No. 2-A was read and approved. Minutes - December 24, 1986 Page 3 Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:30 A.M. APPROVED: ATTEST: �: -2a ' BOARD OF COUNTY COMMISSIONERS fi ✓Nfh" -Cat-=:„•1rw,7 WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar J cqu Jo , irman BY: i�/LODi' Pr� DeputfCoua rk Go o . a , o- EXCUSED Gene R. Braniner l C.W. Kirby ,ft Yamaguc Minu-es December 24, 1986 Page 4 RECORD OF PROCEEDINGS AGENDA Monday, December 29, 1986 Tape #86-82 ROLL CALI Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem Gene R. Brantner C.W. Kirby Frank Yamaguchi 4 MINUTES: Approval of minutes of December 24, 1986 (Commissioner Brantner excused) ADDITIONS TO AGENDA Added as New Business: 10) Consider Letter re: Maintenance of WCR 69 & 80 APPROVAL OF CONSENT AGENDA: COMMISSIONER COORDINATOR 1) Communication Services — Brantner REPORTS: 2) Engineering Services - Lacy 3) Health Services - Yamaguchi • 4) Planning Services - Kirby 5) Purchasing & Personnel - Johnson COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: I) Present and Approve Oil & Gas Leases (19 Parcels) (Bette Rhoden) BUSINESS: OLD: I) Final Reading of Ordinance #77-B - In Matter of Repeal and Re-enactment with Amendments to Ordinance #77-A, Ambulance Services Rules and Regulations NEW: 1) Consider Resolution re: Law Enforcement Agreement with Town of Hudson and authorize Chairman to sign 2) Consider Agreement with Daniel I. Correll and authorize Chairman to sign 3) Consider Subordination Agreement with Parkland Homeowners Association and authorize Chairman to sign 4) Consider authorization for HTC Escrow Company to release funds concerning Rue de Trust Avenue in Parkland Estates and authorize Chairman to sign 5) Consider Letter of Understanding with Management Advisors, Inc. concerning Airport Authority audit and authorize Chairman to sign 6) Consider Medical Consultation/Pediatrics Contract with Dr. Robert D. Hartley and authorize Chairman to sign 7) Consider Psychiatric Consultation Contract with Dr. Theron Sills and authorize Chairman to sign 8) Consider Resolution re: Correction to SE /285 - Webster Land and Cattle Company 9) Consider Emergency Ordinance #I40-C, Supplemental Appropriation for I986 CONSENT AGENDA - APPOINTMENTS: Dec 29 - Work Session 1:30 PM Jan 1 - HAPPY NEW YEAR HEARINGS: Dec 29 - Increase Land-Use application fees 9:30 AM Jan 7 - COZ, A to PUD, Bay Shores PUD 2:00 PM Jan 14 - USR, Change in non-conforming use (cultured marble fabrication business), Robert See 2:00 PM Jan 21 - Final plan, Pferd Himm.l PUD 2:OO PM REPORTS: COMMUNICATIONS: 1) Nuclear Regulatory Commission IE Info. Notice #86-103 RESOLUTIONS: * 1) Approve Foster Care Placement Alternative—Parent Advocate Project * 2) Approve Plowing Permit #86-2 and Collateral for Willard Soper ' * 3) Approve Assignment of Internal Improvements Agreement between Beebe Draw Land Company, Ltd. and Beebe Draw Farms Metropolitan District * 4) Approve Assignment of External Improvements Agreement between Beebe Draw Land Company, Ltd., and Beebe Draw Farms Property Owners Association and Beebe Draw Farms Metropolitan District * 5) Approve Quit Claim Deeds for Blanche M. Preston; Marilyn J. 4 George G. Glenn; Melvin D. & Edith R. Gullett; and Southeast Weld Fire Protection District, concerning vacation of Harrison Street * 6) Approve ZPMH #1250 - Rosales * 7) Approve ZPMH #1251 - Oakley * 8) Approve correction to SE #285 - Webster Land and Cattle Company * 9) Approve Law Enforcement Agreement with Town of Hudson ORDINANCE: * 1) Emergency Ordinance #140-C, Supplemental Appropriation for 1986 * 2) Final Reading of Ordinance #77-B - In Matter of Repeal and Re-enactment ' with Amendments to Ordinance #77-A, Ambulance Services Rules and Regulations * Signed at this meeting • RESOLUTION RE: APPROVE PLACEMENT ALTERNATIVE-PARENT ADVOCATE PROGRAM AND AUTHORIZE CHAIRMAN 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 a Parent Advocate Program as an Amendment to the 1986-87 Weld County Placement Alternative Plan, and WHEREAS, after review, the Board deems it advisable to approve said Program, developed by the Placement Alternatives Commission, with its term to be from February 1 , 1987, through June 30, 1987, 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 Parent Advocate Program Amendment to the 1986-87 Weld County Placement Alternative Plan be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 24th day of December, A.D. , 1986. ' ,s„ BOARD OF COUNTY COMMISSIONERS ATTEST: ‘71-1,i`u'f?..2 ,zq f 4.trzt^.;zrnJ WELD COUNTY, COLORADO 4 Weld County Clerk and Recorder and Clerk to the Board Ja que ' e7 on C airman /, 'r/ BY: .Pee, T) O� Go do 4 - r,' 1"/.-Tem Deputy ACounty erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner ::::::: ;7 C.W. Irby__: mere ,County Attorney F 861230 Cc S" -5rct1e..— Ppr(% December 12, 1986 WELD COUNTY PLACEMENT ALTERNATIVES COMMISSION Re: Child Abuse Resource Parent Advocate Program ' This Amendment to the 1986-87 Weld ' County, Placement Alternatives 'Plan bas been developed by the Weld County Placement Alternatives Commission which includes the following members: NAME ORGANIZATIONAL AFFILIATION Leanne Anderson Citizen • Cris Arellano Probation Department Harvey-Bograd Physician Kay Fenton School District Six, Greeley Nancy Gray- Citizen Ann Heiman Citizen Willard Jones Citizen Rebecca Koppes Partners Inc_ -Eugene McKenna -Department of Social Services Richard Moore ' Citizen Linda Perez Human Resources Department Diane Smith - Weld Mental Health Center William Starks District Attorney Nancy Varner Citizen' George Ward Law Enforcement Clinton Wells • - School District Four, Windsor Ella Mae White Citizen John Wooster Coimunity Center Board The period to be covered by this Amendment is frog 'ebruary 1, 1987 through June 30, 1987. The signatures below affirm that this Amendment has been developed by the ' Placement Alternatives' Commission and. approved by:- the Board- of County, Commissioners. .. ANN HEIMAa7,. L`gAIR t :7(h WELD COUNTY PLACEMENT ALTERNATIVES COMMISSION JA QUELI JOHNSON,) CHAIR. WELD COUNTY BOARDOF COMMISSIONERS • Sc l 230 12/18/86 O C11 Child- Abuse Resource and .Education, Inc. PARENT ADVOCATE PROPOSAL Families who fall in the cycle of abuse/neglect need immediate intervention. In Feld County, this intervention includes placing children in Residential C i_a Care Facilities or Foster Care. Research indicates that sane families can be treated effectively without placing the children outside of the have. Since our unified gcal as Human Services Agencies is to maintain the continuance of the family unit, alternatives to placing children outside of the have can be beneficial as well as cost-effective. National trends indicate that one of the most effective ways to combat and to break the cycle of abuse/neglect within family units is to pair the ineffectual parents with .effective partners - or parent advocates. . .These advocates work with the ineffectual parents by teaching and demonstrating nonagressive, positive parenting skills. There are several advantages in choosing a parent advocate program over placement of children in foster care: * the advocate, by re-parenting the parents, will reduce the placement of children outside of the home and save carnauut_v and agency expenses. * the family unit stays intact while the problems are being,solved. * the advocate, being in the horse for a specified period of time each week, can help the family gain imuedi.ate skills in conflict resolution and nonviolent discipline techniques: * the advocate, .being neutral, will be allowed to witness average family behavior and dynamics and to interact with the total family. . * the advocate can work with families whose. children are currently placed in foster care to expediate returnichng the children to' - the home. A UNITED WAY AGENCY 861.230 • P.O. Box 945 - Greeley, Colorado 80632 - (303) 356-6751 • TARGET POPULATION Families whose children (infant to eight years) are in eminent danger of being placed in foster care due to confintar_ion of ahnse/neglect and families vhose children are currently placed in foster care due to confirration of abuse/neglect. Parents within these families tend to have problems with nonviolent disriplane of children, are under a great deal of stress, have unrealistic expectations of their children and their developmental process and are umahle to break the abuse/ neglect cycle without direct and immediate intervention. Luring the first year a minimum of five families will be served. OBJECTIVES 1) To keep 75% of the children in the home.' 2) To bring children already placed in foster care back home, minimizing their stay in foster care. 3) To assist the family in achieving goals specified in the individual service plan. 4) To impact on the abuse/neglect cycle utilizing positive role- models and emphasizing self-responsibility to minimize the families dependence on agencies. PROGRAM SEQUENCE After careful screening, five parent advocates will be chosen to work with families referred frau Social Services. Advocate training. will include information on abuse/neglect, conflict resolution, nonviolent discipline, emotional and physical development of children, listening stening skills and qty resources. On-going training will be offered on a monthly basis. After completing the training, advocates will be matched to a family referred from Social Services and who meet the admission criteria. The advocates will work six to ten hours a week with the family in meeting the specific goals out- lined in the individual service plan. The children will be present &ring part of the weekly tine spent in order for the advocate to demonstrate nonviolent discipline tech ques and to act as a positive role model. EVALUATION OF PROGRAM 1) Success is determined when the children are kept out of foster care or retuned hare £{om foster care earlier than projected. 2) Success is achieving the goals specified in the individual service plans. 3) Long term success is determined by not having referrals concerning the families called in, especially in regards to abuse/neglect. 4) Success is also viewed with the inproveirent of parenting skills. j-72-.: �, I 1 . I o O O.. O I o 0 0 Ori . m o o o- o : o - o -.1-1.... �� o N-.. r s t F .o n Ia. c-,,,,. I 0 O o O in or. N M1 n 1 D , { . N O O 0 0 • O 0 0 O. 0 1n •••11 .0 n 7 N _ 1 4.4 - 4 0. 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C. a > . >. a Y L C C O _ O 0 0 U WELD COUNTY DEPARTMENT OF SOCIAL SERVICES Assessment of Child Abuse Resource and Education Parent Advocate Program Problem: The WCDSS receives approximately 80 Child Protection referrals a month alleging abuse or neglect of children. A small, but significant, number of these referrals reach the stage where the Department obtains custody of the children and places• the children in Foster Care. The proposed Parent Advocate Program project would provide intervention with five of these families with the goal of keeping the children in their own homes. The Parent Advocate would serve as a role model for the inadequate, natural parent by teaching and demonstrating-parenting skills.. Each advocate would be,-assigned one family and would be paid to spend a minimum of ten hours per week with them. Target Families: Five selected by WCDSS. Eligibility criteria: 1. Families with children presently in Foster Care, and/or 2. Families w.ere' a Dependency and Neglect action has been filed (or is imminent) and where there is a strong likelihood that the children will be placed in Foster Care. Age of children: 0 - 12 years Maximum Length of Service to any one Family: 12 months Service Provider: C.A.R.E. - contractual arrangement Evaluation Criteria: Demonstration that Placement did not result in that child(ren) were removed from or kept from placement due to Parent Advocate involvement. The project can be terminated for failure to - meet these objectives or because of insufficient funds upon 30 days notice. Assessment ongoing, month to month, also at the end of the State Fiscal year (6/30/86). _ Funding Keenest: $7,740. for_ estimated five month period February-June, 1987. County Share (20%): S1,548. Money would come from previously approved State and County allocations. Cost avoidance estimate for five month period: $4,785 WCDSS Recommendation:. _ Approve. Has good potential to keep families intact and to avoid higher Foster Care costs. Successes reported in other locales. EMcKenna 12/22/86 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES • Assessment of Child Abuse Resource and Education Parent Advocate Program ESTIMATED FISCAL I;'S'ACT Child Abuse Resource and -Education would employ/contract for five parent advocates and assign them, after training, . to five families approved by WCDSS. The advocate would spend a minimum of ten hours per week with each family. The fiscal projection assumes that children presently in Foster Care are returned to their natural parents or that children subject to imminent Foster Home placement due to neglect or abuse are kept with their parents because of the intervention of an "advocate." PROGRAM COST Without Advocate With Advocate (Children in Foster Care) (Child- in own home) o One (1) family, average of two children, ages two and six years. o Foster Care monthly Age two: $235 cost Age .six: 266. — o Parent Advocate, - $310 Compensation, training, Travel, supplies One Family - Total Monthly Cost S501' - $310" One Family - Total Annual Cost $6,012 13,720 o Five (5) families —Monthly Cost. $2,505 $1,548 o Five (5) families - Five Month Cost $12,525 $7740 o Five (5) families - Annual Cost $30,060 $18,600 • COST SAVINGS/AVOIDANCE The estimated savings . (or cost avoidance) for approximately. ten children in five families is: TOTAL FUNDS.. COUNTY SHARE (20%) . . One month $ 957 S . -_191 Five months - $ 4,785 $ 957 One year - $11,484 $2,297 These savings may be underestimated in that case turnover is expected. It is likely that these five advocates would work with more than five families over a five to twelve month period of time. Oa the other hand, any "failures" which result in placement would reduce projected savings. EMCRenna 6C>!2'10 12/22/86 WELD COUNTY DEPARTMENT OF SOCIAL SERVICES 1986-7 Fiscal Year Projection: Foster Care Estimated Actual versus Foster Care Allocation (Budget) 1986-7 State Allocation to Weld $1,929,238 Less 2% "holdout" for possible State cut (38,585) 1986-7 Estimated Foster Care Expenditures* S1,778,000 Add — Parent Advocate Project 7,740 TOTALS $1,890,653 $1,785,740 Estimated Surplus 6/30/87! S104,913 * Weld County Social Services is experiencing a considerably higher number of placements of youth in costly Residential Child Care Facilities (RCCFs). For example, 53 youth are in RCCF placement compared with 36 one year ago. The Department is making adjustments to see that the trend is stabilized or reversed so that the allocation is not exceeded. This unfavorable trend means more caution should be exercised in funding new projects and in reviewing existing projects. EMcKenna 12/22/86 RESOLUTION • RE: APPROVE PLOWING PERMIT NO_ 86-2 AND COLLATERAL AND AUTHORIZE CHAIRMAN TO SIGN - WILLARD SOPER 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, Willard Soper desires to obtain a Plowing Permit to cultivate certain grasslands described as follows: 50 acres in Nk Nk NEB, Section 1, Township 7 North, Range 61 West 321 acres in Wk, Section 1, Township 7 North, Range 61 West Weld County, Colorado WHEREAS, pursuant to Ordinance #108-A, Mr. Soper has submitted proof of collateral in the form of a Letter of Credit in the total amount of $11,130.00, and all other pertinent documents necessary for the issuance of a Plowing Permit, and WHEREAS, Mr. Soper also submitted the required permit fee in the total amount of $267.10, and WHEREAS, after finding said documents in order, the Board deems it appropriate to approve the issuance of a Plowing Permit to Mr. Soper for those grasslands described in the approved Soil Conservation Plan, 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 Plowing Permit No. 86-2 be, and hereby is, issued to Willard Soper. BE IT FURTHER RESOLVED by the Board that the collateral, in the amount of $11,130.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Plowing Permit. ©ien (O cc' G/4 se per- // `C%G - C" b- 861230 Page 2 RE: PLOWING PERMIT #86-2 - SOPER The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1986_ �,y� _ BOARD OF COUNTY COMMISSIONERS ATTEST: tie 0 - WELD COUNTY, COLORADO cU.tf if..ev as r'Zr.Ca. J • Weld County C J..erk and Recorder and Clerk, to the Board J cq 1' e on C airman BY: 7hp/yj 9e` _ G d . Lac , em Deputy unty erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner C— ?l- ‘I---c--)eee- C.W!� County Attorney �� ill Ea a� 14 9u 1 861230 ORDINANCE NO. 108-A PERMIT NO. 86-2 PERMIT FOR PLOWING GRASSLAND APPLICANT NAME: WILLARD SOPER v,0 ADDRESS: 1712 LAKEVIEW DRIVE C•1 'kUlC 'COLLINS> 'CO -80524 0 LEGAL DESCRIPTION OF GRASSLAND (S) TO BE CULTIVATED: raj 50 acres in N1 N1 NE1, Section 1, Township 7 North, Range 61 West 0 N 321 acres in Wk Section 1, Township 7 North, Range 61 West 0 o a ATTACH FOLLOWING: APPROVED SOIL CONSERVATION PLAN, ALL MAPS AS 'la REQUIRED BY. ORDINANCE 108-A, AND PROOF' OF OWNERSHIP OF m GRASSLAND (S) OR, IF LEASED, PROOF OF AUTHORITY TO CULTIVATE. 0 oa PERMIT FEE: $240.00 for the first 100 acres = $240.00 10 per acre thereafter = 27.10 Total = 267,10 „NI COLLATERAL: (Must be in the sum of $30.00 per acre. ) Approved by o u the Board in the sum of $ 11,130.00 . w, z W PERMIT AND COLLATERAL APPROVED BY THE BOARD OF COUNTY E COMMISSIONERS OF WELD COUNTY, COLORADO ON THE DAY OF ova z 1986. ulD .-w Landowner or Lessee to w I ?\t.st < By: 224J c— Ua C airm z � DATE: December 19, 1986 VI, ATTEST: ri v-1 r4 a • Weld County Crerk and Recorder and. Clerk to the Board mw SEAL By: -y�/�/J'/� Deputy Ginty C ef7 This Permit is issued pursuant to Ordinance No. 108-A adopted by the Weld County Board of County Commissioners on March 11, 1986, and requiring the issuance of permits for the plowout and cultivation of grassland (s) . Pursuant to said Ordinance, the Permittee is required to follow a conservation plan approved by the local Conversation District Board, must pay all applicable fees pursuant to Ordinance 142, and must submit collateral in an amount as set by Ordinance 142. Said collateral must be approved by the Board prior to the issuance of this Permit. PURPORTED COPY Rev 4/1/86 -t'-w '- iaitasMsruaatartnrioa ht,e b Boidd�0ysei m 'T.-J.:7,-77'J- 7tes sa �r x � v dll ll f N y �y i f 4 ( J M ; w. ....f..n. 1 4 R y 'P{.. Q: .re% ',₹ P R 9 " OWI PNflr+F9 •.- flZS08 03 `snfhI0D 120,.1{-..= a w�+t H PnpMW1.■' an;xa manna)1e1 Z1LI i" I ovas4oW a) f —/6b xados pzeTTTM• "" ^_ JF4wMJ*Mutt ,.,,:if,.. - anp ppvanyv-S ti vwa w2Ztu+.a L7 t .usiP9F**IIfl tWF fl" �! emn!V WMoaMou 3.1' pFnn'bi 'Opp puogippit..44ipxonankoptorspei.rotAp3sectlind ° 1 4 NO! 'fl o o F� o aiF7 Flo ar Ji �{ ap li�[JJCC7I F. noAoip.wnaLfup4 uw4448, `+4,MSS,H .54,t 1 I!"'a ts-0 Mart[aa «u WW JFON Z t i .-i stskaawoa-ad;M�`y{ri{sy.i�, i PS Form 3800.June 1985 I.U.S.G.F j '4 r-. a_ o%� "� per, �,j Ov-1'. I " N) 10-: x - no t i d Q o m a m ,n z n o n I K < 0 � m i re (:-.'“,- ; ',2 .� II < Y % I ; ...- 1 N - o Od v2n 2 0 l O n m -0 :_ s < o_rw.r O CO O s T 0 po' m r Leh/-/ pa( o"oLc, t To•.:nship—;__7h_.__ _- , Range . . - 61W ._ _ Y-- Colorado . - , county Weld _.State • ORDINANCE NO. 108—A PERMIT NO. 86-2 1 1 ' j I ._...P7/17 /#43 1 1 —I — ' ._�.—..�6«_— _ •__ _6___.—.._.� _y I I - I ./ i i I I i --..T--1, - i i i I I L i 1I i I I i 1 1 1 _--- 1 14 I I I I l 1 �_ p� ' u 1 i i , 1 iI I ; • I It -ze___ _` Ss a_... _ i 1 I I I I i I f 35 I. I 1 - FORM 5OF West Greeley Sail Conservation District P.O- 3ox 86 - Greeley,Colorado 80632 RESOURCE OR LAND USE PLAN REVIEW APPLICANT PROPERTY OWNER Name: Willard Soper Name: SAME Address: 1712 Lakeview Dr. Address: Ft. Collins, CO 80524 DATE OF REVIEW: November 10, 1986 ACREAGE BY LAND USE IN CONSERVATION PLAN: Field 1, 371 ac. to be converted from grassland to non-irrigated cropland Field 2, 252 ac. current existing cropland, not subject to Ordinance 108A LEGAL DESCRIPTION OF PROPERTY TO BE CULTIVATED: (Map delineating the proposed land use change attached) 50 ac. in Ni Ni NE4 of Section 1, T7N, R61W 321 ac. in WI of Section 1 , T7N, R61W PLAN DISPOSITION: Approved as presented COMMENTS: WEST GREELEY SOIL CONSERVATION DISTRICT BOARD • • BY: ;0/b• fl6..(t ycc�(,tt tt 8 121 CONSERVATION - DEVELOPMENT - SEI F.GOVFRNMFNT (Rev 61St U.S. • DEPARTMENT OF AGRICULTURE SCS-CPA-68 SOIL CONSERVATION SERVICE ' 82 RECORD OF COOPERATOR'S DECISIONS AND PROGRESS IN APPLICATION PLANNED APPLIED FIELD LAND USE AND TREATMENT NO. AMOUNT YEAR { AND YEAR NON-IRRIGATED CROPLAND FIELDS 1 S 2 - 623 ac. 1 371 ac. 1981 CONSERVATION CROPPING SYSTEM(328) : 2 252 ac. 1987 A cropping system of winter wheat winter wheat fallow - sorghum hay fallow will be utilized with fallow and crop in alternating strips. 1 371 ac. 1988 CONSERVATION TILLAGE SYSTEM(329) : 2 252 ac. 1987 A minimum tillage system will be used whereby mechanical tillage will be less than 3 operations per season and other tillage operations will be replaced by use of chemicals for weed control and moisture conservation. Crop residues will be maintained on soil surface that 1000 pounds flat small grain equivalent remain on soil surface during wind erosion period (November-April) . See enclosed SCS-CONS-7 form for residue amounts. 1 371 ac. 1988 WIND STRIPCROPPING(589): 2 252 ac. 1987 Striperopping will be established with strips 200 ft. + 20 ft. wide at 60 degrees of east-west direction and strips will run in north-east, south-west direction. t- e1- COOPERATOR Willard Soper A I Ronald D. Miller 10/30/86 Sfi CONSERVATION PLAN MAP • r. . 1 Owner Willard Soper Operator Brian Hill 'y. j;li Copy WeldStateColorado Date 70/30/86 Approximate acres 623 ac. Approximate scale_ 8" = 7 mile Cooperating with West Greeley Soil Conservation District i Plan SCD Agr. #266 2 1 Photo number Assisted by Ronald D_ Miller USDA Soil Conservation Service a K, 4 .' • f 1 - • - '.y ire_ r 4w •3. _•I, Y_. w,,..,!,,- y` _:. p` ,•,.....§5ked3 ,,s p . 5 , ‘,":‘-t,.:-,,:; .,5;.5.:- .;;;,',.3,c- .Act:, ski yzat-',,-5,-.,,,•-. .5 '+ / 'Y^ r > '' 'F �: • .3�kr. +A. r.-,,,•h ,yd i..!! '.r '''.•_ ♦ W'S. �Sl.f r w y�yW y >ti . Y 7 �,✓k w t a ,.; h'C^ a, t�,rrt"{ `r �.6•� ,r' ' c.v.,. 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Dept. of Agriculture C/-CPA-1 Soil Conservation Service 4/32 (is4-12-11) CCNSERVATICN PLAN MAP AND SOIL AND CAPABILITY MAP LEGEND SHEET Different lands of soil, range sites, or woodland sites are separated on the map by solid black lines. Within each area is an identifying symool or name. The following symbols are shown on your map: • Symbol or Site Name Generalized Descriptions • (Detailed descriptions, are available it J_ your Soil Conservation..Service office.) Soil descriptions can be found in your copy of SOIL SURVEY OF WELD COUNTY, COLORADO:- NORTHERN PART. • • rty _J, CO-CPA-1 G/B2 (13O-12-11) CAPABILITY GROUPS OF SOILS Capability claoaification' ia the grouping of soils to show, in a goners' way, their suitability for most kinds of farming. It is a practical classification bra ed on limitations of the soils, the risk of damage when they are used, and the vay they respond to treatment. The soils are clansified according to degree and kind of permanent limitation, but vithout consideration of major and generally expensive landforming that would change the slope, depth,'0r other characteristics of the soils; and without consideration of possible but unlikely major reclamation projects. Roman numerals are used to show the a broad Capability Classes and letters follow the class numeral to indicate the principal problem or hazard. Classes end sub-classes used are as follows: Class I - Few or no limitations that restrict choice of crops or require conservation measures. Class II •- f ome limitations that reduce the .choice of crops or require r_oderate conservation measures. Class'IlI Severe limitations that reduce choice of crops or require special conservation practices or both. Class IV - Very severe limitations that restrict the choice of crops, require very careful management, or both. Class V - Not suited for cultivation but has few or no hazards when used for pasture. range, woodland or wildlife. Cleat, VI - Not suited for cultivation. Severe limitations. Suited for range, pasture, woodland or wildlife with careful management and needed conservation practices. Class VII - Not suited for cultivation. Very severe limitations. Suited for range, woodland or wildlife uses if carefully managed. Usually. cannot apply physical practices such asp pitting, furrowing, seeding, etc. Clans VIII - Rot suited for cultivation, range, pasture or woodland. Suited only for recreation, wildlife, eater supply or esthetic purposes. e - Erosion by wind or water is the major problem. V - Excessive water such as wetness, overflow, or high water table. a - Major problem is' ih the soil. It may be too shallow, too heavy, stony, low in fertility, salty, alkaline or have low moisture capacity - c - Climate is the major hazard. Growing season may be very short, there is a shortage of rainfall or both. - Examples: IIIe - Class III land vhere erosion is the major hazard. IVc - Class IV land where the climate is the major problem. - • • i W E t J a: � � n z z co 1. a o a �F i- ec W i a) II! ij eiY i YS • „C rrr L t : • 161 y fe y r g4A f..' • n :ti' ,s > a) ' 2 K tip r� p o ty"rl rn7.T },�•F Z -+d'tt t 's S h • .e: \ r0 Q c U (hb4(<3 a F3 "+.: s` tc'T" '... ''$y _ _^ v t . r N c L O .t/ _ 't i t .wf rax. .Jvls� .. �".� r : ti w c a i- O e. h rf-kZ tfiinr”,47 Z - ?+4..�.'t, ,aJ--'4,'. • - .:r ,. r < t v a) O Y lr ' r i 4.iiS i f•`f'L4 9• „-r,�, v-: 1 O }�. E we fi 4 l' _. !A ♦_ •->-:‘,• .:. O a Y 141- • a ,• • u • !° CC 11.1 D CZ (, ::.,,,.rH i • M4 z :}- an v Ctr . 4. ' - Co U v ?sr). _ r ,1. � # t i d u •laxa Q t < 4 .J.. r 1 l o L 4 1 h G- vt MN' .may. ) -�It ri i a� . ..;',,11/14,, a i _ \ w `a `r if- Z W T 'J 4 �1 4Y tl n-. / t.:.. • al O al W 1 .is• r 1 Y ,• i'- n- u o at c "z Y 4 frig , ,.. 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Z o W - a- E o.A — e., o u d Et: z = . _ `, Z o'er`-+ 0 P'g Om L. 0 m -t 1 & • UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices March 1983 STANDARDS AND SPECIFICATION CONSERVATION CROPPING SYSTEM (acre) 328 Definition Specifications Growing crops by using a 1. Dry Cropland . combination of needed cultural and. management measdres. Cropping a. A cropping sequence such systems include:rotations that as wheat-fallow, wheat • - •contain grasses and legumes, as sorghum-fallow or other well as rotations in which the - systems will he applied desired benefits are achieved that will provide adequate " without the use of such crops. residue for protection • from wind and water Purpose erosion. • To improve or maintain good b. Crop residues will be physical condition of the soil; managed in such a way that protect the soil during periods soil loss is held to an when erosion occurs; help control acceptable amount. weeds, insects, and diseases; and meet the need and desire of c. The Universal Soil-Loss farmers for an economic return. Equation and Wind Erosion Formula will be used to Conditions where practice applies determine adequacy of the cropping system. On/ all cropland and on certain . recreation and wildlife areas. 2. Irrigated Cropland • Planning Considerations • a. The Soil Condition Rating • Indices for Irrigated Crops, An application of nitrogen should Agronomy Technical Note 052, - be considered in the early stages will be used to determine of a high residue ;management the adequacy of the cropping program to replace that tied up in sequence and soil fertility • the decomposition process. management. TGN ntisct�� UNITED STATES DEPARTHENT'0F: AGRICULTURE Soil Conservation Service Colorado • o r Technical: Guide Section I9_,; ., All Field Offices APril_1985 STANDARD 'AND ':SPECIFICATION' • CONSERVATION TILLAGE-(Acre) •329 c STANDARD Definition Any tillage and planting system that maintains at least 30 percent of the soil surface covered by residue after planting to- reduce-soil erosion by water; or where soil erosion by wind is the primary concern, maintains at least 1000 pounds of flat small grain residue equivalent on the surface during the critical erosion period. Purpose To reduce soil erosion by wind and water, help maintain or develop good soil tilth and efficient moisture utilization, and provide, food-and cover::for: wildlife. Conditions where practice applies On cropland and on other lands where vegetation' is to be -established or reestablished. Planning Considerations Conservation tillage provides a production system that leaves crop residues on the surface after planting. Crop residues are left standing as long as possible prior to the succeeding crov to trap blowing snow and reduce soil erosion by wind and water. Herbicides are used following harvest, prior, to and during planting, to .control volunteer grain and other vegetation. This practices is most effective when 'carried out is conjunction with other practices,such as strip cropping, terracing and contour -farming. One of the following conservation tillage systems-should be used: I. No-till or slot planting The soil is. left undisturbed prior to planting. Planting' is- Completed in a narrow seedbed approximately Ito'3 inches wide. weed- control is accomplished primarily with herbicides. Residue' from the- preceeding crop is to be retained on the soil surface with the exception of that buried by the drill. (Pave 1 of 5) Tau •tq4 /p... R loci / 2. Ridge-till (includes no-till on ridges) The soil is left undisturbed prior, to planting. - Approximately one.third of the soil surface is tilled at planting with sweeps or. row cleaners_ Planting is completed on ridges usually 4 to 6 inches higher than the' elevation between the rows. Weed control is accomplished with a' ' combination.:of herbicides and cultivation. Cultivation is used to rebuild ridges. 3. Strip-till.- The soil is left undisturbed prior to planting. Approximately one-third of the soil surface is tilled at planting time. Tillage in the row may consist of a rototiller, .inrrow chisel,. row cleaners, etc. Weed control is accomplished with a combination of herbicides and cultivation. 4. Mulch-till (includes stubble mulching) The total soil surface is disturbed by tillage prior to planting. • Tillage tools such as chisels, field cultivators, discs, sweeDs,-or'- - blades: are used. . Weed control ,is- accomplished with a combination of herbicides and cultivation. - - 5. _Reduced-till Any other tillage and planting system not covered above that meets the 1000 lbs. flat small grain equivalent for wind erosion control or 30 percent ground cover for water erosion control. 6. Other:Planning Considerations a. Always start a Conservation Tillage Program with a deep chiseling or subsoiling operation to eliminate tillagepans.- b. Do not operate tillage equipment at the. same depth each year. c. Do not till soil that is too wet or over 70 percent of-field-capa— city to avoid excessive compaction. - J. Ilse herbicides: for,weed control -in place of. tillage, when appro—, • eriate. - SPECIFICATIONS A. To prevent erosion by water, a minimum of 302 of the soil surface will be covered .by residue,after -planting• - B. To prevent erosion by wind, maintain at least 1000 lbs of fiat small grain:;or its :equivalent-on the -surface .during the critical wind erosion perod. C. The goal should be to reduce soil loss by-Water and wind toWird the loss tolerance=established for that. soil. The .Universal Loss Equation . -and/or:the Wind-;,brosion evaluation.will be used to arrive'at the amount of,residue needed. L-7 , (Page 2 of 5) TGN ! ' (Rev. 4/85) ,ter -•�,� /I r Table 1 — A Guide for Estimating Residue Reduction from Tillage Operations Approximate Percent of Residue Reduction After One Trip- or Pass Over Tillage Operation the Field Rod Weeder 10 Sveeps -(30" or more) - 10 Rod Weeder and Semichisel - 15 Till Planter 20 Chisel Plow`(straight' shanks) 20 Field"Cultivator — (16-1'8 'inch sweeps) 25 Sweeps with`Mdlch"Treader 35 Chisel Plow (twisted shank) S0 One-Way or Tandem Disc 50 Moldboard Plow 90-100 D. On cropping sequences where tillage operations are Permitted: 1. Subsurface tillage equipment such as sweeps or rod weeders should be used- to keep the residue on the soil surface. 2. On soils that tend to crust, or have some slope, a chisel operation across the slope may be needed after harvest to increase water infiltration and reduce soil loss due to runoff. 3. Chemicals may be used to aid in reducing or eliminating tillage operations. Use manufacturers labels or Colorado Weed Control Handbook for specific rate recommendations. The following options are recommended.- a. Fall sweep (4 inches deep) Plus Atrazine. Fall sweep immediately (within two- weeks) after.wheat harvest to kill existing vegetation. Atrazine or Clean;applied immediately following fall sweep should control weeds until the next planting season. -An application -ofa burndown herbicide such as Roundup or-Paraquat-may be necessary if moisture does not become available to activate the residual herbicides. b. Apply a combination of non-selective contact or non-residual herbicides (such as Paraquat or Roundup) plus Atrazine, Banvel, or Clean to kill- existing weeds and for long-term weed control. Keep summer tillage operations to those essential to control weeds. e. Contact herbicide such as Paraquat plus Bladex. Igran or other short residual (45-60 days) may be used for spring application to eliminate early spring and early summer tillage. d. 2,4-D Butyl Ester plus Atrazine, Iran. or Blades are economical C%. .^: alternatives if approximately 90% of the fall weeds are broad— �` a? leaf. E. For no-till cropping sequences: 1. olunteernal cropillagegrowthorrations will t be usedannual forbsand grasses control a. Wheat-fallow (chemical only) - Use of chemicals to eliminate tillage operations. The following is required. 1. Contact herbicides, such as Paraquat or Roundup, plus Atrazine, Glean or other residuals and tank mixes such as Atrazine-Bladex and Atrazine-Igran shall be applied immediately following harvest to kill existing-weeds and give long-term weed control. 2. A short residual herbicide may be used for spring apolicationif necessary to control weeds to- substitute for tillage operations normally used. 3. A slot or no-till planter or grain .drill shall be used that will disturb not more than 25% of the soil surface• - b. Corn, sorghum, and snail grains (chemical only). Use of chemicals to eliminate tillage operations in irrigated cropland or annual cropping systems. The following is. required: 1. A contact herbicide plus Blades, Igran or other short residual (45-60 days) may be used for spring application if needed to control weeds to eliminate early -spring-and-early summer-tillage.. 2. A- slot or no-till planter or adequate grain drill shall be used that will disturb not more than 25% Of the soil surface. 3. . Atrazine'may be used in a wheat-sorghum-fallow or-a wheat-cores-fallow sequence following wheat harvest. F.- Farmers must be .made aware of the hazards involved- in using residual herbicides. 1. Caution must be exercised in use of atrazine on soils with a high pH and label directions need to be followed carefully. Z. Caution should be taken when applying long, residual herbicides annually- so to'overlap.:or ;carry over effect, of chemical occurs. g. Gentrally:a minimum of :20_gallons of water,. preferably 30, will be needed to get adequate coverage of chemical. (Page.4..of_5) TGN #182 (Rev. 4/85) 57:22747 • 4. For more uniform application, large volume sprayers with vide stable boom coverage are preferred over small units with narrow coverage- The wider swath should result in fewer overlaps or skips. Dust should be held to a minimum as it deactivates some herbicides. Nozzle spacing should not be greater than 40 inches for uniform distribution. G. Specific chemical recommendations shall be in accordance with container labels and/or Colorado Weed Control Handbook. Trade names were used in this standard only to make the information more understandable. This does not imply endorsement of certain products or criticism of products not named or mentioned. • (Page 5 of 5) TGN #182 (Rev. 4/85) • UNITED STATES DEPARTMENT OF AGRICULTURE Technical Guide Soil Conservation Service Section IV Colorado All Field Offices March 1983 STANDARDS AND SPECIFICATION STRIPCROPPING, WIND (Code 589) E. Strips will run approxi- Standard mately. perpendicular to the-prevailing wind Definition direction. Growing,wind--resisting.crops, in C. .Maximum Strip Widths strips :alternating-with row crops • : (narrower strips provide or fallow and arranged at angles better protection and to offset adverse wind effects. require less protective . cover) Purpose - . 1.. . 02%- slope,:660 feet To reduce:wind velocity at the widths,.(40 rods).- soil surface,. thereby reducing soil blowing: and damage to crops. 2. . 2-52 slope, •330 feet To trap,snow and increase stored widths. (20 rods). soil moisture. 3. 57..:or greater slope, 165: ' Where applicable feet widths (10 rods) . On cropland subject to- soil D. Wheat stubble in. the blowing and where needed as part protective. strips will be of a cropping system: for' snow , left standing:through the catchment and moisture critical erosion period. conservation: (Nov. through-May). Specifications E. A minimum of y500# of residue will be left on Follow guidance set forth in the soil surface after "Guide for Wind Erosion Control planting for soils in on Cropland in Great Plains WEG's 1 , 2, 3 & 4. If the States- -(.Revised 1976) ,- or -Guide for Wind: Erosion Agronomy Technical Note #53, to Control or Technical Note calculate widths of wind strips. #53 indicate larger amounts are-needed, then I. Wheat-Fallow Systems those amounts- should be -left. on the surface after A. Strips of wheat will be planting. planted: alternately! with the stubble from the previous crop; in approximately equal widths to facilitate rotation. 1'3c/3717 TGN #200 Striperopping, Wind 589-2 3/83 TGN #200 -2 II. Annual Row Crop Systems A. Strips of high residue producing crops will be grown in alternate scrips with erosion susceptible crops. Strips will be approximately perpendicular to the prevailing wind direction. B. Width and spacing of protective strips: 1. Row Crop Plants - Minimum width of protective strips will-be the equivalent width of 4 rows spaced 40 inches apart. Spacing between strips will not exceed 30 feet. 2. Drilled Plants - Minimum width of protective strips will be two. rows (12- - 20" spacing) and the spacing between strips will not exceed 30 feet. C. The protective crop will be harvested with a combine or mowed leaving the stubble 12 to 18 inches tall. The protective residue will be left on the soil surface through the critical wind erosion season (Nov-May) or until the seedbed is prepared for the following crop which is expected to occur in early April. Spring seedbed preparation should result in a ridged surface for wind erosion protection_ III. Perennial Tall Grass Barriers A. Only tall growing species such as tall wheatgrass , switchgrass, big bluestem, sand bluestem, Basin wildrye and Indiangrass will be - planted. Range site descriptions and Critical Area Planting specifications will be used to determine specie adaptation.. B. Seedbed preparation will consist of only those operations necessary to assure a firm soil condition relatively free of weeds. Planting in residue from .a previous crop is acceptable. :C. Colorado Agronomy Note No. 61 will be used to determine amounts of seed to plant'. . D. Barriers shall consist of at least two rows of grass spaced-I0-40 inches apart. as a minimum. E. Optimum barrier spacing will be determined using the Guide for Wind Erosion Control and will be designed as close to this optimum.as - possible considering equipment widths. F. Weed control will be practiced as needed to control competition until grass is well established. G. Barriers will be periodically mowed or clipped to a minimum height of 8-10 inches to encourage regrowth and prevent_decadent 'from developing. .rte' B 1122 REC 02063041 07/31/86 11:33 $3.00 1/001 AF2063041 F 0174 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • CONSERVATOR'S DEED THIS DEED is made by KAREN MINOR as Conservator of the Estate of ELIZABETH SPEAKER, Protected Person, Grantor, to WILLARD L. SOPER and JERALDINE J. SOPER (whether one or more) , Grantee, whose address is 1712 Lakeview Drive, Fort Collins, Colorado 80524. WHtREAS,- -Grantor was duly appointed• Conservator of. the Estate by the District Court in and for the county of Larimer, state of Colorado, Case No. 85PR111, on October 25, 1985, and is • now qualified and acting in this capacity; NOW, THEREFORE, pursuant to the power conferred upon Grantor by Article 14 of the Colorado Probate Code, and for the consid- eration of Seventy-Five Thousand Ten , and no/100 Dollars ($75,010 .00) , Grantor sells and conveys to Grantee, in joint tenancy, the following real property located in Weld County, Colorado: 3 All of Section One (1) , Township Seven (7) North, Range 7 Sixty-One (61) West of the 6th Principal Meridian, \� ≥ '� County of Weld, State of Colorado. with all appurtenances, including all Grantor' s water rights, if any,reserving unto Grantor one-sixteenth (1/16) of all minerals of whatsoever kind or character in, under and upon or that might be producted from the above-described property. Wherever used herein, the singular shall include the plural. Executed July 7 ( , 1986. �f� ter_ ✓ ,,L,,y,,.✓a- oti y E4 ��.�¢�.�u 1 Stet. D-o7Cumentary Fee s 7 i Date lC.'.31-Ns Karen Minor, as Conservator $ -�,+.�& . Y of the Estate of Elizabeth Speaker, Protected Person STATE OF COLORADO ) ) ss. County of Larimer ) The foregoing instrument was acknowledged before me this day of July, 1986, by Karen Minor as Conservator of the Estate of Elizabeth Speaker, Protected Person. W'....-r"';;•.‘, hand and official s9W,1W // 04, ry Public cm tiOtt A/ My commission expires: f7- f7 r 4 ' CQIO A0 ' POWER OF ATTORNEY I, Jeraldine J. Soper, whose address is 1712 Lakeview Drive, Fort Collins, Colorado 80524, hereby authorize Willard L. Soper to act as my attorney in fact for the limited purpose of obtaining with a permit for plowing grasslands, pursuant to Weld County Ordinance No. 108-A, from the Board of County Commissioners of Weld County, Colorado, for the following described property which is owned in joint tenancy by Willard L. Soper and Jeraldine J. Soper: 50 acres in the North 1, North 1, Northeast ;, Section 1 , Township 7 North, Range 61 West of the 6th P. M. , Weld County, Colorado; and 321 acres in the West 1, Section 1, Township 7 North, Range 61 West of the 6th P.M_ , Weld County, Colorado. Signed this a-1— day of Jvx. zil/ , 19 2(o . Sign ure trek SS-CRIBED AND SWORN to before me this 07 day of P(712 17 , 15 6.6 WITNESS My hand and official seal. Nota y My commission expires: My Commission Expires May 10, 1987 1520E Mulberry, Fort Collins, CO 80524 First Interstate Bank Situ r✓� .c,n- of Fort 578 NA First P.O. Box 578 ��y Fort Collins.CO 80522 Interstate. (393)482-486S -Bank DECocSg86 �cL7 CCJNTY ATTORNEY'S C1 - IRREVOCABLE LETTER OF CREDIT No. 631 December 4, 1986 Board of County Commissioners of Weld County Greeley, Colorado 80631 Dear Sir: We hereby establish, at the request and for the account of Willard L. Soper, in your favor, our irrevocable Letter of Credit No. 631 in the amount of Eleven Thousand One Hundred Thirty Dollars and No/100 ($11,130.00) (as more fully described below), effective immediately and expiring at the close of banking business on December 4, 1987, unless automatically renewed as herein provided, at our office at 205 West Oak Street, Fort Collins, Colorado, Attn. Commercial Loan Department. Funds under this Letter of Credit are available to you for one or more drawings prior to the close of business on December 4, 1987, unless automatically renewed as herein provided, against sight drafts in an aggregate cummulative amount not. to exceed $11,130.00, dated the date of presentment, drawn on our office referred to above, referring thereon to the number of this Letter of Credit and accompanied by your written certificate signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto. Presentation of such draft and certificate shall be made at our office referred to above. Upon the earlier of (i) our honoring your draft(s) totaling $11,130.00 in the aggregate presented on or before this Letter of Credit expires pursuant to the terms herein, or (ii) the surrender to us by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically terminate. This Letter of Credit is automatically renewed for one year each December 4 unless the Board of County Commissioners of Weld County, Colorado is notified in writing sixty (60) days prior to each annual expiration date that this letter is cancelled. fir'= `.,27 Board of County Commissioners o£ Weld County December 4, 1986 Page Two This Letter of Credit shall be governed by the laws of the State of Colorado, including the Uniform Commercial Code as in effect in the State of Colorado. Communications with respect to this Letter of Credit shall be addressed to us at the office referred to above, specifically referring to the number of this Letter of Credit. This Letter of Credit is not transferable. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement referred to herein, except only the certificate and draft(s) referred to herein; and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement except for such certificate and draft(s). Very truly yours, FIRST INTERSTATE BANK OF FORT COLLINS, N.A. , / / Title:J,r/_,,'sLec... !, -• 1 r , WP-B#5 • EXHIBIT I CERTIFICATE The undersigned hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. 631 dated December 4, 1986, established- in favor of The Board of County Commissions of Weld County, Colorado, Greeley, Colorado (the- "Letter of Credit"): (a) He (She) is authorized to execute this Certificate on behalf of The Board of County Commissioners of Weld County, Colorado, Greeley, Colorado; and (b) The sum of $ , which is the amount of the draft presented with this Certificate, is the amount currently due to The Board of County Commissioners of Weld County, Colorado, Greeley, Colorado; and (c) The amount of the accompanying draft together with all previous draws under the Letter of Credit do not exceed in the aggregate $11,130.00 (d) The Letter of Credit has not expired. IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of The Board of County Commissioners of Weld County, Colorado, Greeley, Colorado this day of 19 The Board of County Commissioners of Weld County, Colorado, Greeley, Colorado By: Authorized Officer STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me the day of , 19 , by of The Board of County Commissioners of Weld County; Colorado, Greeley, Colorado. WITNESS my hand and official seal. Notary Public My Commission Expires: RESOLUTION RE: APPROVE ASSIGNMENT OF IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR INTERNAL IMPROVEMENTS BETWEEN BEEBE DRAW LAND COMPANY, LTD. AND BEEBE DRAW FARMS METROPOLITAN DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Rome Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board did, by Resolution dated December 30, 1985, approve an Improvements Agreement regarding internal improvements between Weld County and Beebe Draw Land Company, Ltd. , and • WHEREAS, subsequent to the execution of said Improvements Agreement, the Beebe Draw Farms Metropolitan District has been created for the purpose of providing certain services, among which are the development and creation of certain improvements to the property within the District, a portion of which were the obligation of Beebe Draw Land Company, Ltd. under the Agreement, and WHEREAS, the Board has now been presented with an Assignment of said Agreement between Beebe Draw Land Company, Ltd. and Beebe Draw Farms Metropolitan District, and WHEREAS, after review, the Board deems it advisable to approve said Assignment, 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 Assignment of Improvements Agreement According, to Policy Regarding Collateral for Internal Improvements between Beebe Draw Land Company, Ltd. and Beebe Draw Farms Metropolitan District be, and hereby, is, approved. 1:7LOOO CC Q.4 - 1 861227 Page 2 RE: ASSIGNMENT - BEEBE DRAW INTERNAL IMPROVEMENTS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: """ '+ s_ - WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board a • o•i so. C airman BY: Gor• . `:. -a ' ,o Tem Deputy bun y , erk EXCUSED APPROVED AS TO FORM: Gene R. Brantner QC.W. Rir C;;1Z:2 County Attorney Franl am c 861227 ASSIGNMENT OF IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS This Assignment is made and entered into this }( day of arre liht, , 1986, by and between BEEBE DRAW LAND COMPANY, LTD. , a Colorado Limited Partnership, hereinafter called "Applicant" , and BEEBE DRAW FARMS METROPOLITAN DISTRICT hereinafter called "District" . Recitals A. On December 30, 1985, Applicant and the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , entered into an Improvements Agreement According Policy Regarding Collateral for Improvements, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Such Agree- ment is hereinafter referred to as the "Agreement" . B. Subsequent to the execution of the Agreement there has been created by law the District for the purpose of providing certain services to the property owners in the District. Among such services are the development and creation of certain improve- ments to the property within the District, a portion of which improvements were the obligation of the Applicant under the Agreement. C. The District desires to assume the obligation of the Applicant for development of certain improvements on the property described in the Agreement in order to serve the property owners of the District, and the Applicant desires to assign to the District certain of its responsibilities under the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the acceptance and approval of this Assignment, it is agreed as follows: 1. Incorporation of Recitals. The. foregoing Recitals are incorporated herein by reference. 861227 2. Assignment. Applicant does hereby assign and transfer unto the District all of the Applicant's rights, responsibilities and obligations under the Agreement as if the District had origi- nally been a party to the Agreement as the Applicant except as to the obligation of the Applicant to install or make arrangements for installatin of electric and telephone services to the property described in the Agreement. As to the obligation of the Applicant for the installation or arrangements for installation of electric and telephone services to the property described in the Agreement, the Applicant shall continue to be fully responsible for the, fur- nishing of such services subject to all of the terms and conditions of the Agreement as if such Agreement had not been assigned in any respect. It is further recognized that District shall not be subject to any collateral requirements under either the Agreement or the Road Maintenance and Improvements Agreement, provided that all roadway improvements are constructed in accordance with 38-26-101 et.seq. C.R.S. 3. Assumption. Subject to all applicable statutory limitations District does hereby assume all of the terms and condi- tions of the Agreement and agrees to perform all of the same as if the District had been named a party to the Agreement originally • except for the reserved obligation of the Applicant for the fur- nishing of electric and telephone services. 4.- Contingent Liability. Applicant hereby acknowledges that while it is assigning certain of its obligations and responsi- bilities under the Agreement to the District, Applicant shall con- tinue to have contingent liability to the County for performance of the terms and conditions of the Agreement and is not, by virtue of this Assignment being released from said responsibilities. 5. Consent. Pursuant to the terms and conditions of the Agreement, the Applicant is prohibited from this Assignment without the prior written consent of the County, which consent cannot be unreasonably withheld. The County has joined in execution of this Assignment for the purposes of granting its consent to this Assignment. ti -2- IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the day and year first above written. il BEEBE AW L COMPANY, LTD. By . 1Mic a Vi gialkait P BEEBE DRAW FARMS METROPOLITAN -_ _ DI ICT ALF'TES ‘ By J s W. Fell, President 5 :Thomasa-r-ICZ Secretary I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / Ada * 1 7- ' f 17 -4- ATTEST: :�.vil.�,4.v`t' g % � WELD COUNTY CLERK AND RECORDER AND CLERK TO THE OARD By /tai APPROVED AS TO FORM: COUNT ATTORNEY n//ye -3- RESOLUTION RE: APPROVAL OF IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY REGARDING COLLATERAL FOR INTERNAL IMPROVEMENTS BETWEEN WELD COUNTY AND BEEBE DRAW LAND COMPANY, LTD. 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, pursuant to Section 11-1 of the Weld County Subdivision Regulations, the Board has been presented with an Improvments Agreement according to the policy regarding collateral for internal improvements, said Improvements Agreement being • between Weld County and Beebe Draw Land Company, Ltd. , and WHEREAS, after review, the Board deems it advisable to approve said Improvements Agreement, with the terms and conditions being as stated in the 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 Improvements Agreement according to the policy regarding collateral for internal improvements between Weld County and Beebe Draw Land Company, Ltd. be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D. , 1985. • `Maui 42.1/44 lOn BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY COLORADO Weld County Clerk and Recorder and Clerk to the Board acq line Jo 'nson, Chairman F C EXCUSED BY: Q , j fl� Gene R. Brantner, Pro-Tem eputy County C rk l ��nigf• APPROVED TO FORM: C. Bi 1,‘)County Attorney r /:.i ",7 fae.�;.-Ce Fran Yama• i • IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this 30Tx day of DECEMBER 1985, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and Beebe Draw Land Company, Ltd. , a Colorado limited partnership, hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: SEE ATTACHED LEGAL WHEREAS, a final subdivision plat of said property, to be known as BEEBE DRAW FARMS AND EQUESTRIAN CENTER FIRST FILING has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibit "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction°of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof. by this. reference.:' 1.1 The required engineering services snail be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveying, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents 'P�F to the County. ne(226 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such improvements. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said contruction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at the Applicant' s expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of interior roads, water, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgements rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, -2_ eat c' Y6DQ-26 i1 1 agents, employees or otherwise except for the liability, loss or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the Laws and regulations of the State of Colorado governing occupational safety and health. 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 5.3 Upon completion of the construction of streets within a subdivision and the filing of a statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets for release of the collateral for that portion of the work. Not sooner than nine months after the initial release of collateral the County Engineer shall , upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend release of the warranty collateral. 6.0 General Requirements for Collateral : 6.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this agreement. The Applicant is in:the proces< of forming.a Metropolitan District as expeditiously as possible which, upon its formation, will fund the cost of the improvements that are the subject of this agreement, with the exception of telephone and electrical services. Until the formation of the Metropolitan District the following security agreements will be in effect: _3_ 16i2a25 sTh a) For the telephone, 'electric and water availability, advance cash payments will be made to the utility companies involved covering the total cost of the first phase contracts with each for providing service. The standard utility company land development contracts of Mountain Bell and Union REA shall provide that the refunds or rebates due to the developer for each line that has been put in service will be paid into an escrow account to be used to pay for additional services as required' until all of the platted lots in the Beebe Draw Farms PUD have had service lines extended to them. b) The cost of the interior roads and water distribution system will be secured by a "set aside" agreement to be approved by the County with the development lender. The Plat shall be recorded within six months of the Final Plat approval . If the Metropolitan District has not been completed within 18 months of the recording of the Final plat other acceptable collateral will be provided to the County. The Applicant may request that the County extend the period for the formation of the Metropolitan District provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed in accordance with the schedule in Exhibit "B" unless the Applicant requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 6.2 The Applicant may choose to provide for a phased development by means of designating portions of a planned Unit Development,` Subdivision, or Change of Zone, that the Applicant wishes to develop. The Applicant would need only to provide collateral for the improvements in each portion of the Planned Unit Development, Subdivision, or Change of Zone, which are not covered by collateral - which will prohibit the conveyance of the property or the issuance P ? 7 -4- 417 oa26 F st of building permits on said portions until collateral is provided for those portions or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral . This paragraaph shall be interpreted to allow the tendering of contracts for deed which contain provisions that indicate that utilities and other improvements will not be available to service the lot until a date certain and providing that the actual deed • conveying said lots is to be placed in escrow and building permits not be issued until the utilities and improvements are in place or the restictions are lifted by the County upon a showing that another governmental entity, such as a Metropolitan District, is available to guarantee the construction of the utilities and improvements. 6.3 Applicant intends to develop in phase(s) in accordance with Exhibits "A" and "Be. 7.0 Improvements Guarantee: if collateral is needed in the future for any work not provided for by the Metropolitan District, the five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: - The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". - The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. - The Applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall fd0023 disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. - The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. - The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final plat approval , whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the clerk to the Board of County Commissioners. 7.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: - In the event property within the proposed development is used as collateral , an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - In the event property other than the property to be developed,, has been accepted as collateral by Weld County,. then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale -6- { r �� 7-O of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrances which is senior to all other liens and encumbrances. - A building permit hold shall be placed on the encumbered property. 7.3 Escrow Agreement that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. - If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 7.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7.5 A cash deposit made with the County equivalent,to 100% of the value of the improvements. 8.0 Request for Release of Collateral : prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting •the following: 8.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CD0H Materials Manual. -7- feDa25 1 z:1) 8.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. . 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. 8.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the Applicant may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 8.9 The warranty collateral shall be released to the Applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 9.0 The obligations of Applicants hereunder shall not be assigned without the prior written consent of the County, but such consent shall not be unreasonably withheld. 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the -8- F Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the ' successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreemennt to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 6)÷5"-}..;rThz.) t AITEST•''�j.g tilesj�,Lj•r,..2 =1 ',,..--t) F Weld County CitSk and Recorder i / and Cleric tocthe Boar BY: . 1 ' 'e beput" Doun y C� e c APPROVE S TO/—FOR • oun \ o ney APPLICANT: BEE DRAW 1AND COMPANY, LTD. Mo� s Bur, Genera! partner Subscribed and sworn to before me this , j5/Cday of Lee,,,h , 1985. My commission expires: ,;,, L /8 i5.rm Mary Pabl i'c c*C-'7 `,7?-, / . ?-, /7 • :iti1sLT ".\" :IiASS I Name of Subdivision: Beebe Draw Farms 8 Equestrian Center PUD Filing: First Location: See Attached Legal Intending co be legally bound, :he undersigned Applicant hereby agrees to provide throughout this subcivision and as shown on the subdivision final plat dated , 19 , recorded on 19 in Book , Page Na. . . , Reception No. , the following improvements. (Leave spaces blank where the;; do nor apply:) Estimated Improvements Unit Cost Construction Cost Street grading $9 - $30 per linnear foot $279,875 Street base Street paving YMItiOtXXX>Y1fKd.iCWa rt culverts Sidewaii:s Storm Sewer facilities Retention ponds - Dit_h improvements Sub-surface crainaee Sanitary sewers Trunk and forced lines Mains Laterals (house ccnn) On.-_ice Sewaee facilities by Home Owners On-site Water supnic anc storace Water mains and 11. 632,000 Fire hvcrancs Survey & street monuments G boxes Completed Street lighting Street name signs 180 x $24 - - 4,320 Fencing reouirenencs Lancscaning 60.000 Park improvements Flertrir 144.000 TP1ephnnp 380.000 SU2-TOTAL Completed Engineering and Supervision Costs F ;1n (testing, inspection, as-built plans and work in addition to preliminary • and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ S 1 .405_195 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be decerained solely by Weld County, or its duly thorized agent. Said improvements shall be completed accordi to the onscruction schedule set out in Exhibit "B". Bee raw La Company, Ltd. Signac re of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporaec Seal.) Date: 19� —11— i:xuif;l7 "5" PHASE I Name of Beebe Draw Farms & Equestrian Center PUD - Filing: First Location: See Attached Legal Intending to be legally bound, the undersigned Applicant hereby agrees co construct the improvements shown on the final subdivision plat of Beebe Draw Farms & Equestrian Center, First Filing Subdivision. dated " , 19 , Recorded on , 19 , in Book , Page No. " , Reception No. , the following schedule. All improvements shall be completed within 6 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: SEE ATTACHED PLAT MAP (Leave spaces blank where they do not apply.) Improvements Time for Completion Street grading Street base Street naving Curbs, :utters, anc culverts Sidewalks Storm Sewer facilities Retention pones Di:ch improvements Sub-surface drainage Sanitary sewers Trunic ana forced lines :•la ins Laterals (house cone) On-site Sewage facilities On-lice [;aver suooly and storage Water mains Fire nvdrants Sur:ev a street monuments & boxes Street lighting - Street name signs Fencing requirements Landscaping Park improvements SUB-TOTAL The County, at its option, and upon the request by the Applicant, may grant an extension of tine for completion for any particular improvements shown above, upon a shoving by the Applicant that the above schedule cannot be met. Signature of Applicant (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date:_ n I. 19 -12- �EQa?,r • LEGAL DESCRIPTION — t7Ganl6 6NI; A tract of land located in Sections 3, 4, 5, 8, 9, and 10, Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly described as follows: Commencing at the Northwest Corner of said Section 8 and considering the west line of said Section 8 to bear South 00° 09' 35" East with all bearings herein relative thereto; Thence along said west line of Section 8, S 00° 09' 35" E, 236.16' to the true point of beginning; Thence N 89° 50' 25" E, 200.00' ; Thence N 86° 32' 30" E, 1532.79' ; • Thence S 75° 45' 01" E, 500.00' ; Thence N 38° 50' 00" E, 331.13' ; Thence S 68° 53' 10" E, 450.00' ; Thence 81.40' along the arc of a curve to the right, having a central angle of 20° 43' 40", a radius of 225.00' and a long chord that bears N 31° 28' 40" E, 80.95' ; Thence N 41° 50' 30" E, 235.00' ; Thence S 48° 09' 30" E, 225.00; Thence 361.79' along the arc of a curve to the right, having a central angle of 21° 01 ' 08", a radius of 986.23, and a long chord that bears S 37° 38' 56" E, 361.79' ; Thence N 740 02' 57" E, 850.00' ; Thence S 46° 08' 35" E, 1117.27'; Thence N 65° 33' 04" E, 266.94' ; Thence 511.92' along the arc of a curve to the left, having a central angle of 28° 09' 58", a radius of 1041 .35, and a long chord that bears N 51° 28' 05" E, 506.78' ; Thence N 37° 23' 06" E. 366.72'; Thence 1260.10' along the arc of a curve to the right, having a central angle of 63° 15' `26", a radius of 1141 .35, and a long chord that bears N 69° 00' 49" E, 1197.07' ; Thence S 79° 21 ' 28" E, 1713.22' ; nr c->.j ��D6 5 • a1 Page 2 Thence 1111.39' along the arc of a curve to the left, having a central angle of 37° 10' 28", a raidus of 1712.95, and a long chord that bears N 82' 03' 18" E, 1091.99' ; Thence N 63° 28' 04"E, 701 .29'; Thence N 10° 11 ' 15" 1r', 60.10' ; Thence N 11° 06' 14" W, 50.00' ; Thence N 10° 11 ' 15" W, 50.01 ' ; Thence N 09° 43' 45" W, 50.02' ; Thence N 09° 16' 18" W, 50.04' ; Thence N 11 47' 29" W, 50.00' ; Thence N 15° 27' 08" W, 50.12'; Thence N 17° 02' 45" W, 100.46' ; Thence S 88° 0• 4' 22" W, 8.11 ' ; Thence N 55° 06' 47" 'W, 68.88' ; Thence N 28° 02' 02" W, 24.62'; Thence N 01° 59' 49" E, 64.86' ; Thence N 24° 17' 59" W, 51.56' ; Thence N 34 33' 13" W, 50.12' ; Thence N 38° 26' 37" W, 50.00'; Thence N 42° 33' 43" W, 50.13'; Thence N 61° 52' 04" W, 76.22' ; Thence N 89° 1• 7` 02" E, 139.17' ; • Thence N 030 45' 51" W, 390.32 Thence N 70° 52' 01" W, 116.11'; Thence N 72° 1• 7' 16" W, 122.30' ; . ' Thence N 55" -39' 25" W, 181 .68'; C . r � . fcO25 Page 3 Thence N 31° 18' 35" W, 1063.87' ; Thence S 58° 31 ' 52" W, 117.39' ; Thence 186.32' along the arc of a curve to the left, having a central angle of 36° 09' 27", a radius of 295.24' ; and a long chord that bears N 49' 32' 51" W, 183.24' ; Thence N 67° 37' 31" W, 82.76' ; Thence N 50° 32' 21" W, 149.58' ; Thence 251 .81 ' along the arc of a curve to the right, having a central angle of 59° 32' 09", a radius of 242.34' , and a long chord that bears N 20° 46' 17" W, 240.64' ; Thence N 08' 59' 39" E, 51 .65'; Thence N 89° 31 ' 39" E, 4040.68'; Thence S 00° 43' 48°E, 700.00'; Thence S 440 50' 44" E. 3309.91 ' ; Thence S 00O 06' 00" W, 1677.35' ; Thence N 62° 40' 05" W, 298.38' ; Thence S 38° 04' 26" W, 66.71 ' ; Thence S 70° 24' 28" W, 210.50; Thence N 65° 42' 40" W, 1366.02' ; Thence N 44' 48' 50" W, 1115.90' ; Thence S 71° 20' 00" W, 678.95'; Thence S 43° 34' 00" E, 318.00' ; Thence S 16° 14' 00" E, 175.00'; Thence 5 00' 40' 00" E, 380.00'; Thence S 27" 02' 02" W, 73.00'; Thence N 65° 16' 00" W, 155.00°; Thence N 56° 09' 00" W, 462.00'; f r Ooco .S Page 4 Thence N 68° 59' 00" W, 256.00'; Thence S 31' 13' 00" W, 248.001 ; Thence S 80° 26' 00" W, 196.00' ; Thence N 65° 07' 00" W, 214.52'; Thence N 29° 11 ' 51" W, 43.34' ; Thence N 35° 35' 04" W, 285.27' ; Thence N 69° 491 46" W, 52.20' ; Thence N 34° 41 ' 43" W, 94.87' ; Thence N 40° 48' 08" E, 154.56' ; • Thence N 72° 48' 51"E, 101 .53'; Thence N 31° 54' 29" E, 62.43' ; Thence N 00° 00' 00" E, 57.00' ; Thence N 10° 53' 08" W, 105.90' ; Thence N 07° 06' 02" W, 291 .23' ; Thence N 11 50' 01" W, 107.28'; Thence N 33° 54' 04" W, 150.60'; Thence N 07° 02' 17" W, 163.23'; Thence N 36° 47' 35" E, 143.901; Thence N 57° 06' 34" W, 102.50'; Thence N 65° 59' 14" W, 50.60'; Thence N 69° 22' 13" W, 50.23'; Thence N 71° 52' 38" W, 50.07'; Thence N 74° 30' 37" W, 50.00' ; Thence N 77° 01' 49" W, 50.04'; Thence N 79° 52' 59"` W, 50.19'; Thence N 78° 58' 20" W, 50.13'; Thence N 77° 22' 24" W, 50.05'; C) Page 5 Thence 75° 18' 44" W, 50.00' ; Thence N 73° 56' 14" W, 50.01 ' ; Thence N 75° 59' 59" W, 50.01 ' ; Thence N 78° 03' 33" W, 50.08' ; Thence N 770 49'51" W, 50.07' ; Thence N 78° 30' 57" W. 50.10' ; Thence N 88° 50' 24" W, 75.38'; Thence N 27° 27' 03" W, 179.31 '; Thence N 38° 44' 16" W, 50.00' ; Thence N 37° 14' 56" W, 50.03', Thence N 38° 51' 09" W, 50.00' ; Thence N 39° 46' 09" W, 50.00' ; Thence N 38° 18' 17" W, 5.22' ; Thence S 63° 28' 04" W, 684.18` ; Thence 1176.27' along the arc of a curve to the right, having a central angle of 37° 10' 28", a radius of 1812.95, and a long chord that bears S 82° 03' 18" W, 1155.74' ; Thence N 79° 21 ' 28" W, 1713.22' ; Thence 1149.69' along the arc of a curve to the left, having a central angle of 63° 15' 26", a radius of 1041.35' ; and a long chord that bears S•69° 00' 49" W, 1092.19' ; Thence S 37° 23' 06 ' W, 211.72'; Thence S 52° 36' 54" E, 357.78' ; Thence S 34° 55' 55" E, 423.91'; Thence S 20° 56' 25" E, 650.00'; Thence S 23" 33" 37" E, 293.98' ; Thence S 31° 19' 19" E, 302.65' ; Thence S 41° 32' 24" E, 327.37'; • Page 6 Thence S 06° 35' 57" E, 425.17' ; Thence S 12° 04 ' 51" E, 380.70' ; Thence S 00° 16' 43" W, 348.60' Thence S 17° 17' 09" E, 207.35' ; Thence S 72° 26' 30" E, 54.60' ; Thence S 42° 24' 28" E, 646.46' ; Thence S 89° 37' 56" E, 91 .83' ; Thence S 00° 22' 04" W, 495.00' ; Thence N 89° 41 ' 05" E, 50.00' ; Thence S 00° 22' 04" W, 470.00' ; Thence S 89° 41 ' 05" W, 398,671 ; Thence N 75° 25' 39" W, 450.00' ; Thence N 79° 40' 14" W, 400.00' ; Thence N 62' 09' 50" W, 450.00' ; Thence N 37' 13' 43" W, 1250.00' ; Thence N 88° 16' 33" W 170.52' ; Thence S 13° 54' 57" E 1350.00' ; Thence N 80° 52' 43" W, 534.52' ; Thence 167.40' along the arc of a curve to the right, having a central angle of 147° 33' 41", a radius of 65.00' , and a long chord that bears S 82° 54' 08" W 124.83' ; Thence S 89° 18' 09" W, 40.00' ; Thence 227.78' along the arc of a curve to the right, having a central angle of 27° 39'41", a radius of 471.81 '; and a long chord that bears N :76`- 52' 00" W, 225.57' ; Thence N 63° 02' 10" W, 70.32' ; Thence S 00° 41 ' 51" E, 311.57'; Thence S 89° 18' 09" W, 733.13' ; /6 040023- t Page 7 Thence N 46° 54' 50" W, 470.00' ; Thence S 83° 33' 14" W, 1250.00'; Thence N 46° 59' 23" W, 1326.17'; Thence S 55° 46' 08" W, 97.84' ; Thence N 46° 50' 08" W, 749.78' ; Thence $ 16° 50' 00" W, 866.53' ; Thence S 73° 10' 00" E, 287.55'; Thence S 400 37' 00" E, 268.40'; Thence S16° 50' 00" W, 235.59'; Thence S 33° 13' 55" E, 246.33' ; Thence S 89° 18' 09" W, 720.00' ; Thence N 73° 10' 00" W, 363.26' ; Thence N 00° 09' 35" W, 4916.81 ' to the true point of beginning. Said tract contains 1207.721 acres more or less. RESOLUTION RE: APPROVE ASSIGNMENT OF IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR EXTERNAL IMPROVEMENTS BETWEEN BEEBE DRAW LAND COMPANTY, LTD. AND BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION AND BEEBE DRAW FARMS METROPOLITAN DISTRICT 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 did, by Resolution dated December 30, 1985, approve an Improvements Agreement regarding external improvements between Weld County; and Beebe Draw Land Company, Ltd. and Beebe Draw Farms Property Owners Association, and WHEREAS, subsequent to the execution of said Improvements Agreement, the Beebe Draw Farms Metropolitan District was created by law for the purpose of providing certain services, among which are the improvement of access roads to the property within the District, which improvements and maintenance are the obligation of Beebe Draw Land Company, Ltd. and Beebe Draw Farms Property Owners Association under said Improvements Agreement, and WHEREAS, the Board has now been presented with an Assignment of said Agreement between Beebe Draw Land Company, Ltd. and Beebe Draw Farms Property Owners Association; and Beebe Draw Farms Metropolitan District, and WHEREAS, after review, the Board deems it advisable to approve said Assignment, 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 Assignment of Improvements Agreement According to Policy Regarding Collateral for External Improvements between Beebe Draw Land Company, Ltd. and Beebe Draw Farms Property Owners Association; and Beebe Draw Farms Metropolitan District be, and hereby is, approved. FLoao3 Cc ' Gno CA - Bay Gc 861228 Page 2 RE: ASSIGNMENT - BEEBE DRAW EXTERNAL IMPROVEMENTS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1986. �j .- BOARD OF COUNTY COMMISSIONERS ATTEST: � S2icvvLi1t�f_tc--t^^J WELD COUNTY, COLORADO Weld Count Clerk and Recorder _ �� .• . and Clerk to the Board J. cqu`Z i`ne ,- nso , Chairman BY: ede,, e . a , o-Tem Deputy Cdnhty le� EXCUSED APPROVED A TO FORM: Gene R. Brantner //, C3c,t �aC 0 C.W. Kirby C County Attorney r n ama c i 861228 ASSIGNMENT OF IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS This Assignment is made and entered into this KA day of p , , 1986, by and between BEEBE DRAW LAND COMPANY, LTD. , a Colorado Limited Partnership, and BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION, hereinafter called "Applicant" , and BEEBE DRAW FARMS METROPOLITAN DISTRICT, hereinafter called "District" . Recitals A. On December 30, 1985, Applicant and the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" , entered into an Improvements Agreement According Policy Regarding Collateral for Improvements, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Such Agree- ment is hereinafter referred to as the "Agreement" . B. Subsequent to the execution of the Agreement there has been created by law the District for the purpose of providing certain services to the property owners in the District. Among such services include improvement and maintenance of access roads to the property within the District, which improvements and maintenance are the obligation of the Applicant under the Agreement. C. The District desires to assume the obligation of the Applicant for maintenance to and improvements of the roads described in the Agreement in order to serve the property owners of the District, and the Applicant desires to assign to the District certain of its responsibilities under the Agreement. NOW, THEREFORE, in consideration of the foregoing and of the acceptance and approval of this Assignment, it is agreed as follows: 1. Incorporation of Recitals. The foregoing Recitals are incorporated herein by reference. 861228 2. Assignment. Applicant does hereby assign and transfer unto the District all of the Applicant's rights, responsibilities and obligations under the Agreement (including the Road Maintenance and Improvement Agreement which is incorporated in the Agreement by reference) as if the District had originally been a party to the Agreement as the Applicant. 3. Assumption. Subject to all applicable statutory limitations, District does hereby assume all of the terms and • conditions of the Agreement and agrees to perform all of the same as if the District had been originally named a party to the Agreement in place of Applicant, except that District shall not be required to provide insurance coverage in excess of $500,000.00 pursuant to the Road Maintenance and Improvements Agreement. This assumption includes assumption of the obligations of Applicant under the terms and conditions of the Road Maintenance and Improvements Agreement with the County. , it is further recognized that District shall not be subject to any collateral requirements under either the Agreement or the Road Maintenance and Improvements Agreement, provided that all roadway improvements are constructed in accordance with 38-26-101 et.seq. C.R.S. J1 4. Contingent Liability. Applicant hereby acknowledges that while it is assigning certain of its obligations and responsibilities under the Agreement to the District, Applicant shall continue to have contingent liability to the County for performance of the terms and conditions of the Agreement and is not, by virtue of this Assignment, being released from said responsibilities. 5. Consent. Pursuant to the terms and conditions of the Agreement, the Applicant is prohibited from this Assignment without the prior written consent of the County, which consent cannot be unreasonably withheld. The County has joined in execution of this Assignment for the purposes of granting its Consent to this Assignment. 2- rc t IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the day and year first above written. BEEBE D .�W,LL COMPANY, LTD. By �7 Gel") Aiwa l BEEBE D FA PROPERTY OWNERS ASSOCI N By President ATTES it Secretary SEES' + ' `W FARMS M£TROPOLITAN DIS• R T By ��/ a es W. F , •resident - Thomas..Bat; ,Secretary BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST ‘11/I- 41, T s,i,�7/ ill � 6 s i�/�t'( WELD COUNTY CLERR AND RECORDER AND: CLERK TO B ARD By,. /,,e2/ / / APPROVED AS TO FORM: &J.COUN'. ' .ATTORNEY 6€1228 ) COX* r rnq RESOLUTION RE: APPROVING ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT BETWEEN WELD COUNTY, BEEBE DRAW LAND COMPANY LIMITED AND BEEBE DRAW FARMS AND EQUESTRIAN CENTER PROPERTY OWNERS ASSOCIATION WHEREAS, Weld County Board of County Commissioners is vested with administering the affairs of County of Weld, State of Colorado, pursuant to State statute and Weld County Home Rule Charter, and WHEREAS, the change of zone from A (Agricultural) to P.U.D. (Planned Unit Development) was approved by the Board, pursuant to the Weld County Zoning Ordinance, Ordinance 89, as amended, on December 5 , 1984 , on the application of Beebe Draw Cattle Company, and WHEREAS, a condition of the approval of the P.U.D. district was the requirement that "the applicant shall submit, and have approved, an agreement detailing the specifics of road improvements and road maintenance on Weld County roads impacted by the P.U.D. district, as referenced in Exhibit 'B' ." "The road improvements and maintenance agreement shall be approved by the Board of County Commissioners upon recommendation by the Weld County Engineering Department. " WHEREAS, the proposed agreement has been reviewed by the Director of Finance, County Attorney' s Office, Planning Department and the Engineering Department and by this Board during a work session and this Board, upon such recommendations, deems it appropriate to approve the agreement. NOW, THEREFORE, BE IT RESOLVED that the agreement for the Beebe Draw development between the County of Weld, State of Colorado, for road maintenance and improvement between the County of Weld, Beebe Draw Farms and Equestrian Center Property Owners Association, a Colorado perpetual non-profit corporation, and Beebe Draw Land Company, Ltd. , a Colorado partnership, is hereby approved and the Chairman authorized to sign the same. • The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of April, A.D. , 1985 _ • BOARD OF COUNTY COMMISSIONERS ATTEST: t�w�to ( fi 4eti`7,cT t�t� ✓ WELD COUNTY, COLORADO N. :\ ` Weld County Clerk and Recorder , \yn nc and Clerk to the Board.-l ,i sue tine Johnson, Chairman Deputy County Clerk ene R. Brar_tner, Pro-Tem APPROVED AS TO FORM: Bill Kirby • County Attorney -Gordo+`-Macy • ' `/-raf, i,//tap 1 elf",1 / Frank Yamaguchi COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of Atril , 1985, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County, " and BEEBE DRAW • FARMS AND EQUESTRIAN CENTER PROPERTY OWNERS ASSOCIATION, a Colorado perpetual non-profit corporation, hereinafter called "Owner," and BEEBE DRAW LAND COMPANY, LTD. , a Colorado Partnership, hereinafter called "Developer," WITNESSETH: WHEREAS, Developer has applied to the County for approval of a Planned Unit Development, Case No. Z - 412:84 :13, for recreational, residential and oil and gas development uses on land located on parts of Sections 3 , 4 , 5 , and 10 , and all of Sections 8, 9, 16 , and 17, all in Township 3 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, and WHEREAS, the Planned Unit Development will generate additional traffic on the access road and other nearby roads, and WHEREAS, the existing County roads which provide access to the Planned Unit Development will require increased maintenance and improvements to adequately serve traffic, and WHEREAS , Developer has offered to accept certain road maintenance and improvement actions. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the County, the Developer, and the Owner mutually agree as follows: 1. Primary access to the Planned Unit Development shall be via Weld County Road 32 from the town limits of Platteville to Weld County Road 39 and via Weld County Road 39 to the Planned Unit Development entrance located at a point south of Weld County Road 36, a distance of approximately 8 miles. 2. Other nearby roads are Weld County Road 39 from the Planned Unit Development entrance south of Weld County Road 36 to fi'007Y • Weld County Road 44 , a distance of approximate 4 .5 miles; Weld County Road 38 from Weld County Road 39 to Weld County Road 43. 3 . Commencing with the completion of the Planned Unit Development entrance road from Weld County Road 39 to the equestrian center, and after the recording of the final plat for the first phase of the PUD, Owner agrees to maintain the roadway surface of unpaved portions of access and nearby roads, including: ' Weld County Road 32 from Weld County Road 35 to Weld County Road 39, Weld County Road 39 from Weld County Road 32 to Weld County Road 40, and Weld County Road 38 from Weld County Road 39 to Weld County Road 43, an aggregate distance of approximately 8.0 miles. Maintenance of the roadway surface will consist of regular grading to keep the surface reasonably smooth without large washboards or potholes, so that it can comfortably be driven at 40 m.p.h. ; to keep the road shaped to drain, and to keep the ditches open and free of debris. Gravel will be placed as required to maintain an adequate road surface. Owner represents that he is an independent contractor and not an employee or agent of the County. Owner agrees to identify to County an individual responsible for Owner's maintenance functions under this agreement. County will notify the responsible individual by telephone, with written follow-up, concerning any observed deficiencies in the maintenance program. 4 . Owner agrees to provide an adequate dust abatement program on the approximately 8.0 miles of unpaved road for which he provides maintenance. Water, asphaltic emulsions, waste oil or commercially available chemicals may be used to control dust. Owner is responsible for using materials and methods not inconsist with any federal, state, or local laws, rules or regulations pertaining to hazardous materials, health or environmental protection. 5. Owner agrees to provide snow removal adequate to allow two lanes of passage for passenger cars on the approximately 8.0 miles of unpaved road for which he provides maintenance. 6. County agrees to furnish, at designated sources, suitable material for gravel replacement on the approximately 8.0 • miles of unpaved road for which Owner provides maintenance. Owner shall be responsible for delivery of material to the work location. County will load material if loading equipment is reasonably available. Owner can use his own equipment, at his expense, to load material. 7. Indemnator, Owner, hereby agrees to indemnify Indemnitee, County, from any and all liability, loss, or damage 2 67l0,O�fr • Indemnitee may suffer as a result of claims, demands, costs, or judgments against it arising out of maintenance work performed by the Owner pursuant to this Agreement. Owner will provide performance guarantees as more fully set forth in a separate document which will set forth the requirements for financial guarantees for improvements to be made by Developer and work to be performed by Owner. Owner will provide insurance against personal injury and property claims covering County and Owner for claims arising out of the terms and conditions for road maintenance in this Agreement in the amount of $1 ,000 ,000.00 and require similar insurance from any subcontractor, provided that such coverage shall indemnify County only to the extent of County's liability under this agreement and not in excess of Colorado statutory limits on governmental liability. Performance guarantees for both the maintenance and construction of this project will be provided in a manner not inconsistent with the Weld County policy regarding collateral for improvement prior to the first filing of the final PUD plat. 8. County agrees to maintain, repair or replace culverts, signs, markers, and other roadway appurtenances on the approximately 8.0 miles of unpaved road for which Owner provides maintenance, except for repairs required as a result of Owner's maintenance operation for which Owner will be responsible. 9. Developer agrees to pave the access road to the Planned Unit Development, as defined in paragraph 1 above. The project shall include necessary earthwork, base work, utility relocation, right-of-way acquisition, drainage structures rehabilitation, and surfacing to provide a paved roadway 24 feet in width, with gravel shoulders 8 feet in width. Design standards shall reflect the AASHT0 and Colorado Department of Highways standards in effect at the time of the project, with horizontal and vertical alignment based on a design speed of 55 m.p.h. and pavement sections based on an average daily traffic volume of 5,300 vehicles consisting of 53% passenger cars, 36% pickup. trucks, 8% single unit trucks, and 3% combination trucks, and a directional split of 60% in the peak direction with a regional adjustment factor of 1.5. 10. Developer agrees to initiate action to accomplish paving of the access road at such time as there are 100 dwelling units with Certificates of Occupancy in the Planned Unit Development. Paving , including 'engineering, construction, and opening for traffic, shall be completed within 360 days from date of initiation. err/c 72- 3 ia00j Y Y 11 . All construction and materials shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways, with reference to the edition current at the time project is initiated. County shall review and approve the construction plans prior to construction and shall have the same authority as the Engineer, as defined in the specifications for the project, to inspect construction_ 12. Costs of the paving project shall be apportioned between Developer and County as follows: • Developer's County's Share Share Side ditch, culvert, and 100% O% driveway replacement • . Design Engineering 100% 0% Earthwork, grading, paving 100% 0%, Drainage structures 0% 100% repair/replacement Utility relocations 100% 0% Utility easements 0% 10002 Right-of-Way 0% 100% Traffic control devices 0% 100% Inspection by design engineers 1009 0% Developer agrees to bid and contract for the work. Costs of work items, which are the responsibility of County which have not been separately contracted for or performed by the County, will be billed by Developer to County and County will pay Developer. County shall be responsible for payment of costs due in future fiscal years only if funds are appropriated and are otherwise available for the services and functions which are described herein. If construction and financing is to be performed through a statutory district, work shall be done in accordance with the 1Developer shall bear the cost of this item only to the extent that it might have to extend or relocate a culvert due to road width and to the extent that it is necessary to maintain current flow capacity. Any enlargement or new construction shall be at thetotal expense of the County. Developer shall be responsible for cost of acquisition of right-of-way only if it is not possible to meet minimum design standards within the existing 60-foot right-of-way. °n& • statute, provisions of this paragraph to the contrary notwithstanding. 13. Upon completion and acceptance of paving of the access road, Owner shall be relieved of all road maintenance, dust abatement, and snow removal responsibilities defined in paragraphs 3 , 4 , and 5 above with the sole exception of Weld County Road 38 from Weld County Road 39 to Weld County Road 43. Owner will enter • into a separate agreement with County for maintenance of Weld County Road 38 . Upon completion and acceptance of paving of the access road and execution of an agreement for maintenance of Weld County Road 38, this Agreement shall be void. 14 . If, prior to the completion of the construction of the access road pavement, Weld County issues zoning or U.S.R. approval for any other residential, commercial , or industrial development, or any expansion of any agri-businesses, that will be using as access any of the approximate 8 miles of County roads paved at the expense of the Developers. the County, to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the roads involved compares to the Beebe Draw Farms and Equestrian Center PUD' s projected use of the roads. 15. It is the intent of the parties that this Agreement remain in full force and effect until it terminates according to its own terms and that it be binding upon the Owner and Developer and their heirs, successors, and assigns, and on this Board and future Boards to the fullest extent permitted by law. Should this Agreement, or any portion thereof, be found to be void or voidable for the reason that it binds the Board of County Commissioners for more than a one year period of time, this contract shall be construed as one-year contract with automatic annual renewals. 17. The addresses of the parties are as follows: Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 Greeley, CO 80632 Beebe Draw Farms and Equestrian Center Property Owners Association c/o Morris Burk, General Partner 1551 Larimer, :Suite 2706 Denver, CO 80202 5 ,f eioa 7 A • RESOLUTION RE: APPROVAL OF IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY REGARDING COLLATERAL FOR ACCESS ROADS BETWEEN WELD COUNTY, • BEEBE DRAW LAND COMPANY, LTD. AND BEEBE DRAW FARMS PROPERTY OWNERS ASSOCIATION ' 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, pursuant to Section 11-1 of the Weld County Subdivision Regulations, the Board has been presented with an Improvments Agreement according to the policy regarding collateral for access roads, said Improvements Agreement being between Weld County, Beebe Draw Land Company, Ltd. and Beebe Draw Farms F Property Owners Association, and WHEREAS, after review, the Board deems it advisable to approve said Improvements Agreement, with the terms and conditions being as stated in the 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 Improvements Agreement according to the policy regarding collateral for access roads between Weld County, Beebe Draw Land Company, Ltd. and Beebe Draw Farms Property Owners Association be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D. , 1985. •-, -L S BOARD OF COUNTY COMMISSIONERS ATTEST:11101avw �� ` " WELD COUNTY, COLORADO Weld County Clerk and Recorder a and Clerk to the Board cqu ine Jh 'son, Chairman EXCUSED B . -�l'{L< r1 Gene R. Brantner, Pro-Tem De uty County C e APPROVED TO FORM: C.WaLact/ SeaC . ry County Attorney /, Franc Yama c -pL. 0003 ee: 5 - 4,4.72.04:c9-4,- 160A?'7 Per,.-7. 9'•-7c1 IMPROVEMENTS AGREEMENT ACCORDING • POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this 30Txday of DECEMBER 1985, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Beebe Draw Land Company, Ltd. , a Colorado limited partnership and Beebe Draw Farms • Property Owners Association, hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant has entered into a Road Maintenance and Improvement Agreement with Weld County covering "Access Roads" to its P.U.D. (portions of WCR 32 and 39) said access roads not being on the property of the Applicant: 1. This Road Maintenance and Improvement Agreement shall be incorporated into this Collateral Agreement, and in the event of a conflict between these two documents, the Road Maintenance and Improvement Agreement shall prevail . 2. This Agreement is to guarantee the performance of work required under the attached Road Maintenance and Improvement Agreement between the Applicant and the County as defined in paragraphs 9 through 15 of said agreement. The estimated cost of $2,200,000.00 indicates today's estimated cost projected out for three years at 5% (five percent) inflation per year. WHEREAS, a final subdivision plat of said property, to be known as BEEBE DRAW FARMS AND EQUESTRIAN CENTER FIRST FILING has been submitted to the County for approval ; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements for access roads as required by the County Commission as described in the Road Maintenance and Improvement Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the access roads improvements described in the Road Maintenance and Improvement Agreement made a part hereof by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. foea7i gym. 1.2 The required engineering services shall consist of, but not be limited to, surveying, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for the Access Roads to the County prior to the letting of any construction contract. Before acceptance of the Access Roads by the County, applicant shall furnish one (1) set of reproducible "as built" drawings and a final statement of construction costs to the County. 3.0 Construction: Applicant shall furnish and install , at its own expense, the improvements described in the Road Maintenance Agreement which is attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. A 3.3 At all times during said contruction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at the Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the relocation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said access road improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in the Road Maintenance and Improvements Agreement. The Board of County Commissioners, at its option, may grant an extension of the time of completion shown in the agreement upon application by the Applicant subject to the terms of Section 6 herein. 5.3 Upon completion of the construction of Access Roads and the filing of a Statement of Substantial Compliance, the applicant(s) may request in -2- 41;;f: 2,13 writing that the County Engineer inspect its Access Roads and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of access roads. Not sooner than nine months after acceptance for partial maintenance of access roads, the County Engineer shall , upon request by the applicant, inspect the subject access roads, and notify the applicant(s) of any deficiencies. The County Engineer shall re-inspect the streets after notification from from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of access roads for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of access roads as public facilities and County property, and shall be responsible for the full maintenance of said access roads including repair. 6.0 General Requirements for Collateral: 6.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. The Applicant is in the process of formimg a Metropolitan District as expeditiously as possible, which, upon its formation will fund the cost of the improvements that are the subject of the Road Maintenance and Improvements Agreement. The Plat shall be recorded within six months of the Final plat approval . If the Metropolitan District has not been completed within 18 months of the recording of the Final Plat other acceptable collateral will be provided to the County, or no further building permits will be issued. The Applicant may request that the County extend the period for formation of the Metro District provided the cost estimates are updated and the development plans revised to comply with all current County standards, policies and regulations. The improvements shall be completed in accordance with the terms of the Agreement unless the Applicant requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in • the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 6.2 As security for the performance of the road maintenance as called for in paragraph 3, page 2 of the Road Maintenance and Improvements Agreement, the Applicant shall furnish a performance bond annually guaranteeing the performance of any maintenance of access roads which may be required under this Agreement. Said bond shall be for the benefit of the County, be in the amount of the annual estimated cost of maintenance, and be renewed annually so long as any maintenance of access roads is required under this Agreement. Failure to maintain such performance bond at all times required herein shall allow the County to demand, upon 60 days notice and opportunity to cure, that the Applicant proceed to pave the primary accesses defined in paragraph 1 of the County of Weld, State of Colorado, Road Maintenance Agreement dated April 3, 1985. 7.0 Improvements Guarantee: If collateral is needed in the future for any work not provided for by the Metropolitan District, the five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: - The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". - The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations: specified in the Improvements Agreement and the issuer has been notified of such default. - The Applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be c:,732 ffopc=?Y Y�. equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall . disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i .e., streets, sewers, water mains and landscaping, etc.) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. - The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. - The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final plat ac?roval , whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the clerk to the Board of County Commissioners. 7.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: - In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. - In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value -5_ !ate; �.3 R of the property encumbered in its current state of development S is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale • of the property. - A title insurance policy insuring that the Trust Deed creates a valid encumbrances which is senior to all other liens and encumbrances. - A building permit hold shall be placed on the encumbered property. 7.3 Escrow Agreement that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. ▪ The escrow agent will be a Federal or State licensed bank or financial institution. - If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 7.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 8.0 Request for Release of Collateral: prior to release of collateral for the entire project or for a portion of the project. by Weld County, the Applicant must present a Statement of Substantial Compliance: from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. _6_ pc,r et,-349 c DO-251 8.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual . ' 8.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 8.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. 8.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the Applicant may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 8.9 The warranty collateral shall be released to the Applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 9.0 The obligations of Applicants hereunder shall not be assigned without the prior written consent of the County, but such consent shall not be unreasonably withheld. 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs, _7_ executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the ' successors in ownership of said land. • IN WITNESS WHEREOF, the parties hereto have caused this Agreemennt tn_be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I;D>\(11ncrr v ATTEST: fiZ' .Ct: _ .' ,. i .^nom _ i �G/ • ,LJ Weld County Clerk and Recorder and Cl er?�kto the Board�y By: i / ue'pu y aunt Y\ APPROV AS TO FORM: p / `Co At or ey VIAA ' APPLICANTS: BEEBE%RAW LAD COMPANY, LTD. ldor ur neral Partner Subscribed and sworn to before me this jpyy_ day of srvta � , 1985. My commission expires:/4:7„x__ i, i*co 1-7.-v>iC E.-n/G q. '_Notary Public BEEBE DRA FARMS PROPERTY OWNERS ASSOCIATI N By: en Subscribed and sworn to before me thisnWk day of e,,,,/.u‘., 1985. My commission expires-,274., j r?, jlea o ary MU lc • /. -8- c Beebe Draw Land Company, Ltd. c/o John B. Houtchens Attorney at Law 1007 Ninth Avenue Greeley, CO 80631 It shall be the obligation of the parties to notify each other of any change of address, registered agent, or change of ownership. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder • and Clerk to the Board B7:41/4, ‘ r /1, \ . \ s� \ Chairman By: Deputy Clerk ATTEST: BEEBE D`2AW F4R1iS AND EQUESTRIAN CENTER , PROPERTY OWNERS ASSOC t'ION By: yV6 \o +►"'� &g By: ATTEST: BEEBE�}, ,R-A1W ND COMPANY, LTD. By: By � Y W� Ceu asz • • p r 'pr, 6 op ^Go?! i n e ®R fGloria V. Dunn To Current Planner Date December 12, 1985 LQ.COLORADO From Donald �R Carroll , Administrative Manager sub,ec:c Amended S-247:35:10 - Beebe Draw Land Company, Ltd. The Engineering Department has reviewed both road improvement • agreements and find no conflicts with it. • ( .,CD DRC/bf G II � Weld Co. Plant tlaausiscJno yaoM' RESOLUTION RE: APPROVE QUIT CLAIM DEEDS TO BLANCHE M. PRESTON, MARILYN J. AND GEORGE G. GLENN, MELVIN D. AND EDITH R. GULLETT, AND SOUTHEAST WELD FIRE PROTECTION DISTRICT AND AUTHORIZE CHAIRMAN 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 did, by Resolution dated December 10, - 1986, approve the vacation of portions of Harrison Street and the alley in Block 5, Town of Roggen, and WHEREAS, the Board has now been presented with Quit Claim Deeds to Blanche M. Preston, Marilyn J. and George G. Glenn, Melvin D. and Edith R. Gullett, and Southeast Weld Fire Protection District, owners of property adjacent to the vacated portions of Harrison Street and the alley in Block 5, Town of Roggen, and WHEREAS, after review, the Board deems it advisable to approve said Quit Claim Deeds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deeds to Blanche M. Preston, Marilyn J. and George G. Glenn, Melvin D. and Edith R. Gullett, and Southeast Weld Fire Protection District, concerning the hereinabove mentioned property be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Quit Claim Deeds. PL,O0 5 j CC ' ire `0,VCIenn;(awiP t So,+4-<ao7, 861229 cl/;) P; Nrrl Page 2 RE: QUIT CLAIM DEEDS - ROGGEN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D., 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: %Mato a n, WELD COUNTY, COLORADO Weld County Serk and Recorder and Clerk, to the Board `Jacq on, airman BY: ! t401Go d acy Tem Deputyiou EXCUSED APPROVED AS TO FORM: Gene R. Brantner (5-7()a-et•C County Attorney F nk ama 861229 Recorded at - o'cla;k .11., Reception No Recorder. - i ii THISDEED, Madethia 24th dayof December .1986 iI between Weld County, a body corporate and politic, by its Board of County Commissioners, of the County of Weld and state of • Colorado,of the first part,and Blanche M. Preston---- - o V �� • —_ j# o\ - whose legal address is P. 0. Box 36, Roggen, Colorado 80652 - —r O is LI p of the County of Weld and state of jj 0 0-i Colorado,of the second part, g � WITNESSETH.That the said party of the first part,forxxkx� is d GOOD AND �; c i:4VALUABLE CONSIDERATION-- gg :, kt to the said part y of the first part in hand paid by the said part y of the second part,the receipt whereof i L1 Ois hereby confessed and acknowledged, has remised,released,'sold, conveyed and QUIT CLAIMED,and by these U presents does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, her heirs, :; rya successors and assigns.forever,all the right,title,interest,claim and demand which the said party of the first part ii i, ha S in and to the following described lot or parcel of land situate,lying and being in the County {7 N of Weld andStateofColorado,towit; A part of the Northwest Quarter of Section 6, j. .... g Township 2 North, Range 62 West of the 6th Principal Meridian, Weld County, 4O a Colorado, more particularly described as: - fl co-U '' 0 2 The North Half of the alley in Block 5 lying between the West line extended of a el H Lot 6 and the centerline of Harrison Street, cn the ,plat, of the Town of Roggen, - 11 N E Weld County, Colorado. .i ,ti to is a I ,rn w i r 01 Z - ` NQ o >4 ' w c4 1. 0 N .-IN W W .___.- X.ItaC ESCX48SM'E✓ ICa}1i:47MOter - 1) TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto 1 belonging or in anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever,of the F said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of _. the second part, her heirs and assigns forever. IN WITNESS WHEREOF.The said party of the first part has hereunto set its hand and seal the clay and year first above written. ii ATTEST: !h ,f �7 . "t' " BOARD OF COUNTY COMMISSIONERS ISEAL) '. t} _Rr< f : •,,,,,,,4„..,..,, WELD COUNTY, COLORADO l Weld County Clerk and Recorder � and Clerk to the Board _ tsEALI I • BY\ t_ u � 7 v,,_ (SEAL) By: Q/> 31, J,cqu•�Z ne Johnson, Chairman I� Deputy Codnty Cler tSEALl STATE OF COLORADO, ' ss. 1i County of Weld- .E The foregoing instrument was accnow1edged before nit this 24th day of December r! 19 86,brJacqueline Johnson, by and on behalf of Weld County, a body corporate and `i politic, by its Board of County Commissioners. •• My commission expires Aug, 7 ,1989-Witnessray hand andofficial seal. - ri `-- -`� / . ' _.. NounPublic. ;, 915 Tenth Street 1 Greeley, CO 80631 } , • !, !I :: - . I No.933.QUITCLAIM DEED.—Bredford Publi,hint Co.,i82S-4'$ppuE Sc Not,p•mrr,Calor,do(570.6011)-811 PURPORTED COPY P/47-3,2.2n - UwS k!„ .Grxr'iia .r .su' '?' sny +.°``.ft+'=4 '^ts 'xYeZy� r .3','. ti w" e.:4'. r 1:1,{y?PPP iF O w Cl 1 mi WTise.I , 4 '. z nornX ap !"' ' it 4CEr . OC •..7 z , 1 , x#., i. 3 i m > + 0 :a a4 ' „a a1 a a tli m4` Eti Q v •n PS Form 3800, June 1985Pri .. p in. "o i o! n 1 o f O Ot4 o c ' £c G) rn \F o n i u n 1 G rIl ! n Z = rn 1 i.at, 4 O I n k Li] r'?n b u w at' "°s in ?,? chS.. - o O pp n - io ( n!. a ! ,O .C7 I I o p^o nka _ . . rgl. I '. 1 i N Oy c a- t' ;ill n__ I r Recorded at o'clo-l._ - M., Reception No Recorder. • i, rr�AHIS DEED, Made this 24th day of December .1986 . - - q between Weld county, a body corporate and politic, by its Board of County Commissioners, of the County of weld and state of Colorado,of the first part,and Marilyn J. and George G. Glenn whose legaladdressis P. 0. Box 27, Roggen, Colorado 80652 it of the County of Weld and state of II II ,y 0 Colorado,of the second part, 00 V WITNESSETH,That the said party of the first part,fo GOOD AND is r . VALUABLE CONSIDERATION XXXIEXXX4X1. ~ 0 V to the said part y of the first part in hand paid by the said part ies of the second part,the receipt-whereof G is hereby confessed and acknowledged, has remised,released;sold, conveyed and QUIT CLAIMED, and by these i .a presents do es remise,release,sell,convey and QUIT CLAIM unto the said part iesofthe second part,their heirs, .I o . O ga successors and assigns,forever,all the right,title.interest,claim and demand which the said party of the first part 11 O a ha S in and to the following described lot or parcel of land situate,lying and being in the County II +n W of Weld and State of Colorado.to wit: A part of the Northwest Quarter, Section 6, 1: 2 Township 2 North, Range 62 West of the 6th Principal Meridian, Weld County, U Colorado more particularly described as: , W ;. li to a The East Half of that portion of Harrison Street lying North of the centerline -, w extended of the alley shown in Blocks 5 and 6 and South of the North right-of-. . ; ^• A4 way line of said alley extended as shown on the plat of the Town of Roggen, 'i W ' Weld County, Colorado. v o Z 1. `M W M Ii N H I ~ a :1 W .� D 1 nW i o z O >. U W sthxSacoatmcamarr et walix:magpac o" tiCh N TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto ;I '~ '"1 belonging or in anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever.of the • co far said party of the first part,either in law or equity,to the only proper use,benefit and behoo£of the said partiesof : ____.. the second part,theitheirs and assigns forever. . IN WITNESS WHEREOF,The said party of the first part ha s hereunto set its hand and seal the day and year first above written. _ ji ATTEST: `/l 1 f7 BOARD OF COUNTY CO≥ 1ISSIONERS [SEAL) :j —4.1', ( A -,--C6r?rE ft--written. WELD COUNTY, COLORADO t! Weld County Clerk and Recorder ll and Clerk to the Board ESEALI 1' $y: /'///lir '/C� Ja quel)' a Soh s n, Chairman 11 Deputy County Cl� rsEALI :1 STATE OF COLORADO, l{` I J Ss- i, County of Weld- :f The foregoing instrument was acknowledged before me this 24th day of December I' 19 86,by- Jacqueline Johnson, by and on behalf of Weld County, a body corporate and a politic, by its Board of County Commissioners. = My commission expires Aug. 7 . .19 89.Witness my hand and official seat 1 ,., - , '. � C.lc Alm' / �.� I Notary Public, t. '& 915 Tenth Street 0 Greeley, Colorado 80631 - II I. I. 7 0 .. No.933.QUITCLAIM DEED—Srad(ord Publieh,nS Co..1824-16 Stout Street.Denver.Colorado(543.50111-9::T - ps;"-; nrn PURPORTED 0 I AN , r bey fwd b, •a ' a O OrY r. i •.. co O it ll O .r. 4,:....;,.,' t N to 1 ..+ '2. JJJ ' 1 z 1.1~ t 3 co D y C\ i E u iii :?1,/•..,a-5•41:„‘,.. - a44 ..,.,Y..4 'A, v. . ,.. PS'Form 3800. June 1985 US It n n X1.505 O Cx 0-Lg- c '0�: o f o" - O4 O -. A 3a n1 0 Z O [" O \ d -:w > am.i I z i ad Zx 2 -0 13 \w m $0 _Jo1N "1. 1 .. 1 ° v4, s (I 9 'c. os ca- r. n t 0 4)p O p c. o nil, c , t DI n , V i I ( 0 aona N � oIS , r n C ' i z nl cwr, a } Recorded at - o'clock _-___A2.. Reception No Recorder. II . t ', THIS DEED. Made this 24th day of December .19 86. I • between Weld County, a body corporate and politic, by its Board of County Commissioners, of the County of Weld and state of Colorado,of the first part,and Melvin D. and Edith R. Gullet t r-4 0 :I c o whose legal address is P. 0. Box 33, Roggen, Colorado 80652 I. j: ~V of the County of Weld and state of Ii ij Colorado,of the second part, O a W ITNESSETH,That the said party of the first part,for 3Wd SA3aiiiNa6�`6XD3YAatagi.Bf GOOD AND i U o l VALUABLE CONSIDERATION $61:ktz9 b :, 0 cc to the said part y of the first part in hand paid by the said part ies of the second part,the receipt whereof •' *n+qa is hereby confessed and acknowledged, haS remised.released, told, conveyed and QUIT CLAIMED, and by these ii iL' presents does remise,release,sell,convey and QUIT CLAIM unto the said part y of the second part,their heirs. ;! Usuccessors and assigns,forever,all the right,title.interest,claim and demand which the said party of the first part II O a has in and to the following described lot or parcel of land situate,lying and being in the County I i in of Weld and State of Colorado,to wit: A part of the Northwest Quarter of Section is in a 6, Township 2 North, Range 62 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as: II W co U it That portion of the East Half of Harrison Street lying South of the centerline o z extended of the alley shown in Blocks 5 and 6 and North of the North line of the .I cnW right-of-way for Second Street, as shown on the plat of the Town of Roggen, Weld ii N E County, Colorado. li r4 CO r, fa w taw • II u3(y N 0 N 4 -CO Z <i cr K. !o PI P'. £ • 0 O - N m w 3apxcac�s��ax TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto j1 belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the II said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said parties of ' the second part,the[r heirs and assigns forever. ihi - IN WITNESS WHEREOF,The said party of the first part has hereunto set its hand and seal the day and.year first above written. ii ATTEST: df']1 %-'R y` 7w BOARD OF COUNTY COMMISSIONERS **SEAL] :I tfC 6 :,;:,e. n •,., ! WELD COUNTY, COLORADO li Weld County Clerk and Recorder it and Clerk to tfie Board - [SEAL) I fr By O �/o��yQ ANAL [SEAL] l' �G j Ja quell_i*. John\Ioa, Chairman ,1 By: � lJ Deputy G6u'nty Cl tsEAu i STATE OF COLORADO, 1 ii 11{ :f ss. :, County of Weld- -• • - - "1 The foregoing instrument was acknowledged before me this 24th day of December 11 1986,by Jacqueline Johnson, by and on behalf of Weld County, a body corporate and :; politic, by its Board of County Commissioners. My commission expires Aug. 7 .1989.Witness my hand and official seal_ ,1 / I xa.rrPablK Tenth Street ' 9 Greeley, Colorado 80631 1 II No.933.QUITCLAIM DE ED.—Bradford Publi,hinr Ce..1824465wut Street.Denver.Colorado 013-5011)-9.477 - - — PURPORTED = _ >, _ • � ' I ' ir %�Cw:'.+ ' ,e. Wi .ice Y xYNLa etc k. >u 7 s't`= 1wk Yo Y+. N N �._. Y Mi a� it h ii � k oom :S t ttri o fro v s..� z >ez wd o w ' f i 1 0 O C 5 tit 1 FS + C " ,. _ t ' 1ti:ttW ! IiI PI 5 - O 9. a dill � 8 ref h m' m if `fi - . . 81 . fi ez11 • a PS Form?,200, JJune 1985 - y e,-o n .cz..m- ' �1` O El ' om ; -;311 .O n` _ _z roX I a o m w C I —IJ4J:t .i ..-1; e.I ii � W.¢ in .fiO 1 I i tin �' A _, �. E. H Recorded ar o'clock----M.. - ..— Reception No — `_ stecorden • THIS DEED. Made this 24th day of December ,19 86. .. '! between Weld County, a body corporate and politic, by its Board of County Commissioners, of the County of Weld and state of Colorado,of the first part,and Southeast Weld Fire Protection District ------ whose legal address is Keenesburg, Colorado 80643 ! I. 2. i1 of the County of Weld and state of . - I; ey O Colorado.of the second part, ,: o U WITNESSETH,That the said party of the first part,for > GOOD. AND O VALUABLE CONSIDERATION ggDg� •"e U to the said part Y of the first part in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged. has remised.released, sold, conveyed and QUIT CLAIMED, and by these i Q �I presents does remise,release,sell,convey and QUIT CLAIM unto the said part y of the second part, its heirs, gpj successors and assigns.forever,all the right,title,interest,claim and demand which the said party of the first part II • a has in and to the following described lot or parcel of land situate,lying and being in the County II vrW of Weld and State of Colorado,to wit: . A .part of the Northwest Quarter of Section ;t 0 6, Township 2 North, Range 62 West of the 6th Principal Meridian, Weld County, ` 0 Colorado, more particularly described as: ;:Ps cm a The South Half of the alley in Block 5 lying between the West line of Lot 6 �' •• aa extended and the East line of Lot 1 extended of Block 5 of the plat of the Town ' : an f-t g of Roggen, weld County, Colorado, and °i I: W le '0 U The West Half of Harrison Street lying South of the centerline extended of the !; alley shown in Blocks 5 and 6 and North' of the North right-of-way line of Second li HIt5hOwnOntI1OftTOOtmnt1 al t•--: co us w CO O O et i -4, co TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto el CV ,—I ey belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the i• ca W said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of :' the second part, itS heirs and assigns forever. IN WITNESS WHEREOF,The said party of the first part has hereunto set its hand and seal the day and year first above written- - j; ATTEST: Sr ',I `f - . BOARD OF COUNTY COMMISSIONERS pw�a-C_A,,,... a' 1?^o t..=.r,.: WELD COUNTY, COLORADO (SEAL] 1•1 Weld County C1e�t-k and Recorder ($EAL] and Clerk to the Board ' /� By: cNCAl [SEAL] ' Ey; // " / ] Ja quel a Joh s n, Chairman U Deputy I.Ounty Cl (SEAL] •I STATE OF COLORADO, !i ss u County of Weld-- -• }} .I The foregoing instrument was acknowledged before me this 24th - day of December !: 19 86,byv Jacqueline Johnson, by and oa behalf of Weld County, a body corporate and politic, by its Board of County Commissioners. .My commission expires Aug. 7 ,19 89.Witness my hgnd and official seal. • / .,�_ / 7t }z(—.) Notary Public. I: 915 Tefith Street ,t Greeley, Colorado 80631 I j . No.933.QUITCLAIM DEED.-8 rad ford Publishing Co..1824a6 Stout Street,Denver.Colorado(573.5011)-9:77 PURPORTED COZY r::::7:-.7., ^ 2 fs ) 7. Crs. cc trkr r" tI l ,. , a un- tr ia.,.. zi ,a .p '.ez3 14q a fi r. !_Q3 * ., :p xt}ry <?n €r � a-? I'tq ..: .1 v y,, ol.s, I� •11;i2...„ fit Fff 8 cl k;;;;.!‘„7.-1,...eS� k z II—I H-3 � , :,� ._cs ' . m z cah I 3 a : ' y . , C7 ri ,� ,PP roW� ',a O Q dam,' s ' ee . --p-4 GD S N5 r btKi .1 ial 1.p I ` w 8 1 Q Vt s g. N of tn₹ ( a, 5 i PS Form 3800, June I9SS us .. .coma N, 2j o tr, 0 9 p 9_o ' f o I o ! .g ; n S ts! H C w 1 Sc 1 • 1 0 I Z h.I H 3 w' ', 9,=• •• •Iraj 5, to to t+] 0 F N a" C 41 5,--, i n td .> m 7 .n c71 el ' 1 " I C77 Ncco H9 t - \\` crt o o 0o '5 5 i ti o , .. i 7J LTV ,; ,..,,,,)3 )J _s1 a Afl m �H c ^-4 o al I r 1, o ;T r O in } I y n a F I -- 70 00'991 —jauvlvvovvlN • v5 • 100 0.51 . • o ;ivza slr+i xa asia�vn`~i�tas GID b O tt ii iv aOd m'0a ,09 O a II O , • N ' N k 00-091ti . '1 _m I Ctit 1 N F 3 us- .!Ea 1 Q U O In b 'A J O l a oI v) N Q .- w Nt \ ~— o U I� m NI < - "V O 'X CO u $ Z0i0 a W (� M In Y) Z ! 47 W h 4 p —IF COI ft, (!� (6....... �" E V c 1C zt £0; `F) _ k. N c0. IQ t osi 4tl Z J) .I C •n - ' t_W - W L W �� ki - 4 N p W1: .�_ 6t-o t � .JD d i y y Q , IC o r3 O ifrati^ ZN.II Wen -S. 2 S `i xr _ ' O -I °'� LpZ cc Cfl N � ^ J t- _ 1 m :� fl4'9� ,00'OSI • ,s-oz r ,00'991 -3,00,00o00N - C% (E G c" a t.. ar Y m— j w o ¢ c "' C, z fn _ a . CI o „- N to 133≥1S a ___I 1 0 .91 F CA N I \-_,:zNI } a Frank Hill&Associates Attorneys at Law 3650 South Yosemite Street,Suite 304 Denver,Colorado 60237 Frank t Hill (303)850.9909 alp rj -r Ah. U n' r December 11, 1986 I � DEC.15 3986 Mil Weld County Board of County Commissioners GRZZLE t gay a 915 10th Street Greeley, CO 80631 RE: Case No: S-271:86:16 Applicant: Southeast Weld Fire Protection District Request: Replat of Lots 1-6, Block 5, and a vacation of portions of Harrison Street and the alley in Block 5 of the Town of Roggen Legal Description: Lots 1-6, Block 5, Town of Roggen Location: Northwest corner of the intersection of Harrison and Second Street in the Town of Roggen Dear Commisioner: On December 2, 1986 the Weld County Planning Commission approved a resolution recommending approval of the above-reference resubdivision application. One of the conditions of the approval recommendation was, that prior to recording the resubdivision plat, that Weld County execute quit claim deeds for the eastern half and the western half of the vacated portions of Harrison Street and the northern nalf and the southern half of the vacated alley to the respective adjacent property owners. Accordingly, on behalf of the Southeast Weld Fire Protection District, I respectfully request that the above-referenced quit claim deeds be prepared at the direction of the Board of County Commisioners and executed and delivered by the appropriate county official. If the original quit claim deeds are delivered by you to the Department of Planning Services' office, I would appreciate it if you would kindly forward a photocopy of such deeds to me for our file of this matter. Your assistance and cooperation in completing this requirement would be greatly appreciated. Very truly yours, T. HILL FTH: rac • cc: Tom David, County Attorney rights-of-way On December 24, 1986, the County deeded certain AMEItiaiW to adjacent landowners surrounding the vacated portions of Harrison Street in the Town of Roggen. Blanche M. Preson, Marilyn J. and George G. Glenn, and Melvin D. and Edith R. Gullett have deeded the right-of-way to the Southeast Weld Fire Protection District. Original Quit Claim Deeds and copies of the Powers-of--Attorneys mailed to Southeast Weld Fire Protection District on March 5, 1987. PS Form 3800,June 1985 :US.G.P.O.1988680-794 ° nl al n n m � ^. V� ol . 'a - N O eD n m M ct` p c of : S N ¢� - �i 7-' �g a n ; 2 o 1 C O W 9 6. a . � a • OD eft M Y S 4 I C A L.- F O R7 L I v. W T CS m r SENDER-ComPM'Items t and2when■ddt baai aarvicr an d.tirad:+nd ro�Mti.Nigh nd4 t "RE7xiRtlTo � �;ple3syanes(Ea:rtiibes todoahis wiflV t�1s sut'vonr aar+48WIN 1. i7 a4WttM4t+1YAv �a nt M • It. _.w,,„,r ,y;asswid-desentlioi itdd m r MFoftdotldDal Etta;•s.r,southeast Weld Fire h' ' w, Protection District ; atmdnd '� cgotifio cop CO 80643 towns Reenesburg, mat Signature ofaddresws«. tang''A 4 • _Y ' �- 0 .;,,.s.H A d a/Sdde ' ).. K II a M o- ' 9 o. '11.)-1/4k ••• W1t rii9 147;14,,••• vn. . •.,44-4940.� .zf 1 . .. o'clock M.. AR 2088852 Recorder. f QUIT CLAIM DEED j ' II , I. I THIS DEED,Made this , 4-/A- day of ..,-77, 4,3, ,G ;t% !9 b � I f between Marilyn J. and George G. Glenn 1i 1j I of the 'County of Weld and State of (I I Colorado.grantor(s),and Southeast Weld Fire Protection District •-t U II i a 1 it I, I.) I whose legal address is Keenesburg, CO 30643 I WI of the County of Weld and State of Colorado,granteej5). M • I 1 WITNESSETH,That the grantor(s).for and in consideration of the sum of Less than Ten Dollars �I d fa it and Other Valuable Consideration DOLLARS " 2 the receipt and sufficiency of which is hereby acknowledged.have remised,released.sold,conveyed and QUIT CLALMED,and by ;. Uthese presents do remise,release,sell,convey and QUIT CLAIM unto the granteetx), its heirs.successors and assigns, j forever: all the right. title, interest, claim and demand which the grantor(s) have in and to the real property, together with II improvements,if any.situate,lying and being in the County of Weld and State of ''a Colorado.described as follows: I A4 I ELI A part of the Northwest Quarter, Section 6, Township 2 North, Range 62 West II 1-1 U of the 6th Principal Meridian, Weld County, Colorado more particularly I described as: z H , Ii 4.1 The East Half of that portion of Harrison Street lying North of the centerline to extended of the alley shown in Blocks 5 and 6 and South of the North right-of- I' W' I way line of said alley extended as shown on the plat of the Town of Roggen, i! M Weld: County, Colorado. ii w` i Ii it I yr I! • . in i. 'a seImown by-Slre* w d-number-a6'. i II TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in i I anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever,of the grantor(s).either in law or equity,to I 1 the only proper use,benefit and behoof of the grantee(g1, its heirs and assigns forever. i IN WITNESS WHEREOF,The grantor(s)have executed this deed on the date set forth above. f' ii k_i ) j. {l MA&iLYN „F. GLENN GEORGE%G. GLEN. I II _ I. tt tt I STATE OF COLORADO, }ss. t t County of Weld f The foregoing instrument was acknowledged me this-rt. y' �'g7 1, day of _ l s, c:�, i+ .19 , by It(Arilyn 3. Glenn and George G. Glenn. I{ i My commission.expires _ a C 4 L�. t ,19 7 Witless my hand and offcial seal. a I J ' It II I �> I' I : t If 1 I *If in LYeaver insert'1Rtyand II No.933.Rev.3.95. QUIT CLAIM DEED &Word PubteWng.5825 W.b0A Avc.,Lakewood.CO 80214--(303)233,69w 870155 i AR208$$51 o'clockT , 16 ^ 2 ti b '— Recordct QUIT CLAIM DEED I! THIS DEED,Made this 47 day of C a,- ...._.,..2..„..„ . 19 (17 It between Blanche M. Preston i i I I oftthe *County of Weld - and State of .� 0 it Colorado,grantor($$,and Southeast Weld Fire Protection District I. Z Z ;i G whose legal address is Keenesburg, CO 80643 I lha oa II of the County of Weld and State of Colorado.grantee6s). • e;a yl.W 1 WITNESSETH,That the grantor$),for and in consideration of the sum of Less than Ter. Dollars ($10-00) i R !, and Other Valuable Consideration DOLLARS II O i j the receipt and sufficiency of which is hereby acknowledged,has remised.released,sold,conveyed and QUIT CLAIMED,and by U W II these presents do es remise,release,sell,convey and QUIT CLAIM unto the grdntce(7), its hews,successors and assigns, 1 M C4 I I forever all the right, title, interest, claim and demand which the grantor(g) has in and to the teal property, together with II 'A tt 4.I improvements,if any,situate,lying and being in the County of _ Weld and State of .-t II Colorado.described as follows: [- I-4 ! a A part of the Northwest Quarter of Section 6, Township 2 North, ., I. m V I Range 62 West of the 6th Principal Meridian, Weld County, ! cox II Colorado, more particularly described as; I � w !: i o ! The North Half of the alley in Block S lying between the West ;j a 0 line extended of Lot 6 and the centerline of Harrison Street, .-rte II on the plat-of the Town of Roggen, Weld County, Colorado. I.. W ,I N1 IL • o >4 1 ;i too , aco I o .-t In I 4-1 I-4 craw I it I II I I I , 'I TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in I anywise thereunto appertaining.and all the estate,right,title,interest and claim whatsoever,of the grantor(s).either in law or equity,to I 1 TN the only proper use,benefit and behoof of the grantec(r). its heirs and assigns forever. I WITNESS WHEREOF.The grantor has executed this deed on the date set forth above. i is 11 II --1172-ei-i/ejr/7 / aLz_ ,i , i Blanche M. Preston I 11 II I1 • STATE OF COLORADO. 'g �q ss. i.County of aJLCC.L. J (� H I The foregoipg instrument was acknowledged before me this e Q�- day of \ .y.�41�T:t-.c� ,19 I I (I by :•Blanche M. Preston. (/ 1 I • My aOMmiss(orI expires (ft e-1.7. / . Nato.Witness my hand and official seal. I: UUL\G i �� ,/ / II 1 i OF.t.n� I. II I II 1' *If in Denver,insert-City and.- i' No.933.Rev,385- (tu-CLAW DEER Headfad Publishing.5825W.6th A`s..Lakewood.CO80214-t303)222-66 ' "a. [f' 870154 IP S AR2U88854 POWER OF ATTORNEY IIi 1, 1 (LIMITED) ! KNOW ALL MEN BY THESE PRESENTS,that I, Blanche M. Preston ,of 1 II the" County of Weld . state of Colorado , reposing special trust o v j and confidence in Robert D. Tegtman -of the County II o I O of Weld ,State of Colorado .have made,constituted and appointed, and by these presents �' U a I Robert D. Tegtman do make.constitute and appoint the said my true and lawful I oW c 3 ! attorney to act for me and in my name,place and stead,and for my sole use and benefit,with full power and authority to do- , and perform each and every act necessary,as fully as I might do if personally present.to accomplish and complete the R 0 following act or transaction to wit: To execute the Roggen Resubdivision No. 1 Plat of the o a I Town of Roggen, the purpose of said Resubdivision being to vacate Harrison Street ' ✓ u ana the adjoining alley of Blocks 5 & 6 adjacent to that property currently owned an by by SEWPPD which is situated in Lots 1-6, Block 5, Town of Roggen. Said Limited � aG Power of Attorney shall also extend to any and all subsequent modifications of 1I 04 said Plat. li cot) I co 2 This Power of Attorney shall automatically expire by its own terms upon corn- ! Z.,W j�' .pletion of the limited purpose set forth above. !! N E o bea Pa `This Power of Attorney shall not be affected by disability of the principal , ,d, ti I; *This Power of Attorney shall become effective upon the disability of the principal. 2 L I 1 *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above_ t co , o � N 4 y (// ' o EXECUTED'this /� day of I9a. 11 ` 7-'4 Lel STATE OF C621-e-ra e4 l A , ss. al >F. County of W Ci ` it The foregoing instrument was acknowledged before me this /7 tday of LO .tJ , 196 i , by .M .CI1C4, in. �. 2 1,--• the Principal. ! I i%V3lt' r *Afrd official seal.: S Iicg3ti ss }r"Pires; //-,'8-86 , aid I c r IU1 IBS *! ' `~T4• ... . 7O4' SSports; of Agee,(Apccpe,) i` L No.341.. POW• '- ATTORNEY(LIMITED) Bledroni Publishing.58:5 w.6:h A•c..Laewood,CO 80214—(303)2334900 485 g s.,i o;5711, Gorydgne 1985 o'clock .•v1 . - AR2O8,5853 Recoro,r. QUIT CLAIM DEED I I 1 THIS DEED,Made this .,2li//i day of ---16,0,4 67 y • 19 ' I between Melvin D. and Edith R. Gullett / ;�j !i II I' { I of the 'County of Weld and State of I Colorado,grantor(s),and Southeast Weld Fire Protection District Ill l I! it I{i 1 whose legal address is Keenesburg, CO 8064 1 I c U I of the County of Weld and State of Colorado,grantee([), li .1 p I I WITNESSETH,That the grantor(s),for and in consideration of the sum of Less than Ten Dollars I U i and Other Valuable Consideration DOLLARS ,I A j i the receipt and sufficiency of which is hereby acknowledged,have remised.released,sold,conveyed and QUIT CLALMED,and by i! o ca these presents do remise,release,sell,convey and QUIT CLAIM unto the grantee(* its heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with I! W1 i imprpvements,if any,situate,lying and being in the County of Weld and State of I I !I Colorado,described as follows: ✓ �{ A part of the Northwest Quarter of Section 6, Township 2 North, Range 62 West W h of the 6th Principal Meridian, Weld County, Colorado, more particularlycr,ca re) il Ih described as: !1 ., ws to .1 It That portion of the East Half of Harrison Street lying South of the centerline ;i ta ; extended of the alley shown in Blocks 5 and 6 and North of the North line of the H I right-of-way for Second Street, as shown on the plat of the Town of Roggen, it wn'a• II Weld County, Colorado. ..tH II �w AN 14 I i1 o 2 li .en W ii •ao I w I II •o II 11 C.4 .< 1 II va ii —.,.,a,i tiy_strcct,�.,nnIw ar I CO H II V' til II TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in I anywise thereunto appertaining,and all the estate.right,title,interest and claim whatsoever,of the grantor(s),either in law or equity.to II G4 1M 1 the Only,proper use.benefit and behoof of the grantee(, its heirs and assigns forever. if Di WITNESS WHEREOF,The grantors)ha ve executed this deed on the date set forth above. i fI EDITH R. GULLETT iI i i STATE OF COLORADO, i I. i il County of i 1„,-;all I The foregoing instrument was acknowledged before me this -2 1A day of :rlNzea /4/. _,19b•7 :I by Melvin D. Gullett and Edith R. Cullett. FI' My cotnnys,sion grpires /"y .141 7 Witness my hand and official seal. 1 / r T « Notary t,*oc ... � !I 'If in Denver,jnsan thy and." 1 -- I No.933.Rev.3.85. oLrT CLAIM DEED endfaa tag.9825 w 6d Mt..Lke oWl.CO 8020_(303)233-6900 870156 i fir AR2088854 POWER OF ATTORNEY I I - (LIMITED) i I KNOW ALL MEN BY THESE PRESENTS,that I, Blanche M. Preston of j1 'I the: County of Weld , State of Colorado , reposing special trust t f o V and confidence in Robert D. Tee roan ,of the County i. o . Weld Colorado I ro O of , State of ,have made,constituted and appointed,and by these presents I I V c 3 do make,constitute and appoint the said Robert D. Tegtaan my true and lawful •3 attorney to act forme and in my name,place and stead,and for my sole use and benefit,with full power and authority to do 1 W 2 and perform each and every act necessary,as fully as I might do if personally present,to accomplish and complete the 0 ti following act or transaction to wit: To execute the Roggen Resubdivision No_ 1 Plat of the o fY. Town of Roggen, the purpose of said Resubdivision being to vacate Harrison Street er — al ana the adjoining alley of Blocks 5 & 6 adjacent to that property currently owned ul by SEWFPD which is situated in Lots 1-6, Block 5, Town of Roggen. Said Limited WPower of Attorney shall also extend to any and all subsequent modifications of I; t-- 4-1 said Plat. ago Z This Power of Attorney shall automatically expire by its own terms upon corn— j pletion of the limited purpose set forth above. N El a *Thu Power of Attorney shall not be affected by disability of the principal: it a p *This Power of Attorney shall become effective upon the disability of the principal. In *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. co co I c / 'EXECUTED this day of (00-1-442,--, , 19 a. iySf e al STATE OF @teora Ala ;1 8-I la SS. T P8r County of W-e.fig II The foregoing instrument was acknowledged before me this /?day of 6`C ✓ , 196 I n � !I by 49.0,4,410-, the Principal. I I I yfinesi adcipist:Afrd official seal. l I1 v S3y c fiAs?*expues: //-/8-� y 4.. 0. Spcoroal Sigp,y¢d ASm[(A¢u[sj) No.34L. PO tkt a'ATTORNEY(LIMITED) Bradford Publi,hmg.5i25 W.6th Ave.,Ukcwood.CO80_14-(303)233-6900 94511121st' e 1o ACornBk 19 v. - '.STATE OF • l _• _ 55. J ', �otI^Gy-0f, art . '% i�''-Beingo?lawful age.the undersigned hereby affrms that onthe day of , 19 _ .-fs e-h•ad'oknowledge of the revocation or termination of the Power of Attorney by death.disability or incompetence - . of the prntcipal..-*- 'Strike where applicable according[o fact. M!Ift1 Ul I-6 Subscribed and sworn on before me this day of 19 a by c', My commission expires . 19 , K n Witness my hand and official seal. Nagy Public s,:n O 'Z OD CO MW Accts psi vn Qe. �[jfj�yy 15-14-501. When power of attorney not affected by disability.(I) Whenever a principal designates another his attorney-in-fact or agent by a fA o power of attorney in writing and the writing contains the words"This power of attorney shall not be affected by disability of the principal."or"This t4 s)— power of attorney shall become effective upon the disability of the principal."or similar words showing the intent of the principal that the authority DI H - conferred shall be exercisable notwithstanding his disability,the authority of the attorney-in-fact or agent is exercisable by him as provided in the `z m power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty as to whether the principal is dead or alive,All acts done by the attorney-in-fact or agent pursuant to the power during any period of disability or incompetence or uncertainty as to 0 to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs.devisees.and personal t- -4 representative as if the principal were alive,competent.and not disabled.If a conservator thereafter is appointed for the principal.the attorney-in-fact or agent.during the continuance of the appointment.shall account to the conservator rather than the principal.The conservator has the same power the g1—* principal would have had if he were not disabled w incompetent to revoke,suspend.or terminate all or any part of the power of attorney or agency. Ut (2) An affidavit. executed by the attorney-in-fact or agent, stating that he did not have. at the time of doing an ac pursuant to the power of R+ •* attorney.actual knowledge of the terminationof the power of attorney by death is.in the absence of fraud,conclusive proof of the nontermmation of A. the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable. the affidavit when g 0 authenticated for record is likewise recordable. O 1544-502. Other powers of attorney not revoked until notice of death or disability. (1) The death disability, or incompetence of arty O principal who has executed a power of attorney in writing.other than a power as described by section 15-14-501,does not revoke or terminate the agency as to the attorney-in-fact.agent,or other person who,without actual knowledge of the dea h,disability.or incompetence of the principal,acts t+1,in in good faith under the power of attorney or agency.Any action so taken,unless otherwise invalid or unenforceable,binds the principal and his heirs. SD Q devisees.and personal representatives. (2) An affidavit,executed by the attorney-in-fact or agent,stating that he did not have, at the time of doing A a b o act - nuan[to the power of o attorney,actual knowledge of the revocation or termination of the power of attorney by death,disability-or incompetence is-in the absence of fraud,. t-, conclusive proof of the nonrevocation or nontermination of the power at that time,If the exercise of the power requires execution and delivery of any p instrument which is recordable,the affidavit when authenticated for record is likewise recordable '.C]. O A o Oiv I I I` c R h I _ 44_____ _ _ ^ I ji Z Ix I,a a = o - i' j O I . < i co _ C j iI t1 till H 'c I . 11 I ; o s H 5. Gtr H Ir.. o T. 0 Yi •5 I I Ltd O } L y V , I a {Yi I F'-' O :a 1— O C I I z3 4 14 I n "` ( i L v. O 4 6 ¢ u w _ i 6 I is li .c I l I I I ,r o I I I m G. 5 I o'clock M.. AR2088853 - Recoroar. QUIT CLAIM DEED i I ti II, THIS DEED, Made this i71/1/4. day of --tat/R e,7 -19 r7:: s: g between Melvin D. and Edith R. Gullett IIl; II of the *County of Weld and State of -.. I! Colorado,grantor(s),and Southeast Weld Fire Protection District u II whose legal address is Keenesburg, CO 80643 !! Ii o U I of the County of Weld and State of Colorado.grantec0s), t tn ,-t O WFINESSETH,That the grantor(s).for and in consideration of the sum of Less than Ten Dollars U I and Other Valuable Consideration DOLLARS ii G I the receipt and sufficiency of which is hereby acknowledged,have remised,released,sold,conveyed and QUIT CLAIMED,and by o pact • s.. - I j these presents do remise,release,sell-convey and QUIT CLAIM unto the grantee(* its heirs,successors and assigns, i forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with I I ti n. is improvements,if any,situate,lying and being an the County of Weld and Stare of I I AA I I Colorado,described as follows: I tz O I A part of the Northwest Quarter of Section 6, Township 2 North, Range 62 West ei n of the 6th Principal Meridian, Weld County, Colorado, more particularly ,I ei a described as: II in II r4 g I That portion of the East Half of Harrison Street lying South of the centerline W j extended of the alley shown in Blocks S and 6 and North of the North line of the ' r." '4 I right—of—way for Second Street, as shown on the plat of the, Town of Roggen, troy is w Z I Weld County, Colorado. �W I II (V H it CC i II al i 11 01 t tit'W. I I .cry o E 11 I cv oa I 0 cc i 1 -.AUGenewn by amr xaaanumbetasr torg I, I 9-4 If) TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in ' .-t anywise thereunto appertaining.and all the estate,right,tide.interest and claim whatsoever,of the grantor(s),either in law or equity,to I j ca ty the only proper use,benefit and behoof of the grantee(2). its heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)ha ye executed this deed on the date set forth above. ii 11 ME D.D GUL *�ETT ' ,Owes_ EDITH R. GULLETT ll w Ili ID ; STATE OF COLORADO, it }u I . County of '•1 it/C/ i1 The foregoing instrument was acknowledgedbeforeme this 2G/It ;day of -4i/bll i{/ .19(7. 1 by Melvin D. Gullett and Edith R. Gullett. i My cown sAion.gtpires ,/i'L., ,19 lj7 Wimess my hand and official seal. . I I 1: ` v -: _ ,z �., III II • v I, t 'r I 'If ip AeAt'et insert"City'and' I a n No.933.Rev.MS. QUIT CLAIM DEED Bradford welshing.5825 W.tilt Mc,nakc„om.CO 802{6—t3(1i)2334900 "`• 870156 i f 0 AR2D888S5 II _.... POWER OF ATTORNEY , r (LLMITED)ED) I' I Edith R. Gullet and Melvin'D. Gullet KNOW ALL MEN BY THESE PRESENTS,that L. of Weld.' Colorado j the County of . State of , reposing special trust I I Robert D. Tegtman N0 I and confidence in ,of the County I 0 1 o i of Weld State of Colorado ii have made, constituted and appointed,and by these presents !I v Robert D. Tegtman a t do make,constitute and appoint the said my true and lawful j ap i c 3 attorney to act for me and in my name,place and stead;and for my sole use and benefit.with full power and authority to do otO Vrro ; and perform each and every act necessary,as fully as I might do if personally present.to accomplish and complete the I 0I following act or transaction to wit: To execute the Roggen Resubdivision No. 1 Plat of the l 0 Town of Roggen, the purpose of said Resubdivision being to vacate Harrison Street v and the adjoining alley of Blocks 5 & 6 adjacent to that property currently owned 1 by SEWFPD which is situated in Lots 1-6, Block 5, Town of Roggen. Said Limited 1 Lel a Power of Attorney shall also extend to any and all subsequent modifications of ;i a said Plat. II co u I II This Power of Attorney shall automatically expire by its own terms upon coin— m-4H I pletion of the limited purpose set forth above. 67 I i eta to , `This Power of Attorney shall not be affected by disability of the principal. I W I "This Power of Attorney shall become effective upon the disability of the principal. I, to W I "This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. t mw I m N .I EXECUTED this 16ty of October 19 86. I1 . Principal. 471/e..2.24..tv-- 2 t:z4 de�Dtn STATE OF .... . Colorado Nt.co l ss. _ 5555 . f '" County of Weld J atw ` •—_— ;I It The foregoing instrument was acknowledged before me this 16th day of October 49 86 . I { by Edith R_ & Melvin D. Gullet 44 - . > "?"Q It Witness my hand and official seal. / ‘1' II J I My commission expires: 03-15-1988 PO Box .299 Keenesburg--y C" ..28(14./,.` • II * row. .-°1/4P,r ,strati, t I . - Spe+me^Sigutwe of ASCII:(mummy) No 34L. POWER OF ATTORNEY(LIMITED) Bradford Pub4r0.idg•5525 W.6T Ave..Lakewood,CO80214—(303)_336900 p'S5 ,y ST.ATE OF1 V J. ss. County of IV w Being of lawful age.the undersigned hereby affirms that on the • day of 19 - f t (s)he had no knowledge of the.revocation or ternnnation of the Power of Attorney by death,disabiltts c incompetence . (1 t-• of the principal.' " CO A 'Strike where applicable according to fact. - - - eh CT _ 0 Subscribed and sworn on before me this day of 19 et by 5o My commission expires , 19 ed m Witness my hand and official seal tid UV Ctrs • - tV et $.3� .cadre” H t•+ xm CI CO 15-14501- When power of attorney not affected by disability.(I) Whenevera principal designates another his attorney-in-fan or agent by a t v power of attorney in writing and the writing contains the words••This power of attorney shall not be affected by disability of the principal."or"This [aJ power of attorney shall become effective upon the disability of the principal."or similar words showing the intent of the principal that the authority X N conferred shall be exercisable notwithstanding his disability.the authority of the attorney-in-fact or agent is exercisable by him as provided in the ill power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty as to whether the principal is ♦r „ dead or alive.All acts done by the attorney-in-fact or agent pursuant to the power during any period of disability or,ncompetence or uncertainty as to a whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal or his heirs.devisee;.and personal go representative as if the principal were alive,competent,and not disabled.If acomcr+ator thereafter is appointed for the principal.the attorney-in-fact f7 or agent,during the continuance of the appointment,shall account to the conservator rather than the principal.The conservator has the same power the 0 principal would have had if he were not disabled or incompetent to revoke.suspend.or terminate all or any part of the power of attorney or agency. ' 6 An affidavit executed by the anomey-in-fact or agent.stating that he did not have, at the time of doing an act pursuant to the power of attorney,actual knowledge of the termination of the power of attorney by death is.in the absence of fraud.conclusive proof of the nontermination of M.% the power at that time If the exercise of the power requires execution and delivery of any instrument which is recordable. the affidavit when Pi 0 authenticated for record is likewise recordable. L'9• C 15-14-502. Other powers of attorney not revoked until notice of death or disability. (I) The death,disability-or incompetence of any r principal who has executed a power of attorney in writing,other than a power as described by section 15-Is-501.does not revoke or terminate the b agency as to the attorney-in-fact.agent,or other person who.without actual knowledge of the death.disability-or incompetence of the principal.acts in Food faith under the power of attorney or agency.Any action so taken,unless otherwise invalid or unenforceable,binds the principal and his heirs. O devisees.and personal representatives. N - . . -1%. (2) An affidavit,executed by the attorney-in-fact or agent.stating that he did not have.at the time of doing an act pursuant to the power of O attorney,actual knowledge of the revocation or termination of the power of attorney by death.disability,or incompetence is.in the absence of fraud. O O conclusive proof of the nonrevocation or nontermination of the power at that time.If the exercise of the power requires execution and delivery of any O N - instrument which is recordable.the affidavit when authenticated for record is likewise recordable. f I t I IIco :_ m I3 !' a Il ( `^ 6 , Z 1 i (^ ', bD I II I RESOLUTION RE: GRANT MOBILE HOME PERMIT NO. 1250 - BESSIE ROSALES 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 of County Commissioners of Weld County, Colorado, on the 24th day of December, 1986, considered the request of Bessie Rosales for a mobile home permit to be used as an extension beyond six months for temporary storage, and WHEREAS, said mobile home is to be located in an A-Agricultural Zone District on a parcel of land being more particularly described as follows: Lot 8, Block 9 , Gill, Weld County, Colorado WHEREAS, ZPMH #1184 for temporary storage was staff issued for this mobile home on May 22, 1986, and approval of this Zoning Permit for a Mobile Home will allow the applicant to store the mobile home on the subject site until May 22, 1987 , AND NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Bessie Rosales for a Zoning Permit for a Mobile Home as an extension beyond six months for temporary storage on the above described parcel of land, which was found to be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that MHBP-2444 be transferred to this zoning permit. • OO 1 ) 'L7 861226 CC r escu es Page 2 RE: ZPMH #1250 - ROSALES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: %DI i% '7. '- ' WELD COUNTY, COLORADO t,.C4. .4 n.4^. i:r < •:'--J `Weld County Clerk and Recorder and Clerk to the Board J.cque a .4 ' on,/ .airman BY: i'./Nt cell- Go • �+! Lacy W -Tem Deputy t my C rk / EXCUSED APPROVED AS TO FORM: Gene R. Brantner L ___ 77, C.W. Mir County Attorney 861226 • To: Board of County Commissioners Date: December 24, 1986 ZPMH—#1250 Applicant: Bessie Rosales This request is for one mobile home(s) for an extension beyond 6 months for temporary storage. Legal Description of Parcel: Loft Block 9, Gill, Colorado. Location: 27113 7th Avenue, Gill, Colorado. The Department of Planning Services staff has reviewed this request and recommends that the request be for the following reasons: WILL WILL NOT X Be compatible with the Weld County Comprehensive Plan. Be compatible with the surrounding area. X Be in harmony with the character of the neighborhood. X Adversely affect the immediate area. % Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. COMMENTS: ZPMH-1184 for temporary storage was issued on May 22, 1986, and has now expired. The applicant has indicated that she is trying to sell the mobile home. A petition in support of the request was submitted. The petition contained two signatures. The Department of Planning Services staff would further recommend that HEMP-2444 be transferred to this zoning permit. 861226 • WELD COUNTY DEPARTMENT OF PLANNING SERVICES ZONING PERMIT 915 10th Street MOBILE HOME Greeley, Colorado 80631 Phone 356-4000 Ext. 4400 IMPOITANT - Complete all items _ � on both sides Mark boxes where applicable. APPLICANT.//5• :AAR_a 1\GZ 1.�? /�� ADDRESS':12 7 . o. owxER'n Gd1 PHONE 17 93 ADDRESSC p /.'tJ(— C,a CsDSTATE — P� ] T� % ISUBDLVy6, I ! _- f LEGAL DESCRIPTION \ ' Section T N, R W_ Total Acreage -" Application for zoning permit is made ,£or: Staff. Approval Board of County Commissioners Approval fl Temporary Use During Construction O Use Beyond 18 months During Construction of a residence of a residence • Temporary Storage ' xtension Beyond 6 months for Temporary Storage 0 Accessory to Farm O More than:one MH as Accessory to Farm Accessory Use as an Office More- than one MH as Accessory Use as D Accessory Use in C or I Zone District an Office ❑ More than'one-MH as Accessory USe is 9 Accessory Structure G or I-Zone District 0 Temporary Use during Medical Hardship © More than one accessory structure gr Principal Dwelling 4 The above requires an Application fee of .: Th 17.3 requires an Application fee of $55:00_ 110: - • _ . _ TYPE OF SEWAGE DISPOSAL TYPE OF WATER'SUPPLY Public or private company: 9 Public or private company: 0 Septic Tank - Permit 4 D Individual (well, cistern) �--! Well Permit # Copy Attached: Yes ❑ No u `Copy Attached: Yea-17 ' No g... DEPARTMENT OF PLANNING SERVICES USE ONLY ZONING DISTRICT ,. ZONING PERMIT NUMBER APPLICATIO4:FF 1P4 Y RECEIP1T NUM R DATE ,5. q/o CHA ED APPROVED BY {, 0 Staff 0 Board of County Commissioners - Rearing Date �3./ �,4f O ISSUED BY: DATE ff MOBILE ROME BUILDING PERMIT NUMBER DATE ISSUED • Asketch,.plan is required aspart, of the application,.review..._ Please attach. a.sketch-plan of the site at thescale on one inch represents fifty feet or other suitable scale to show the proposed location of the mobile home, including distances, from the property, 'lines and other structures on the property; access to the mobile home, indicating whether the access is existing or proposed; location and measurements of any easements or right-of-ways;,,and any existing structures on the property. Sketch Plan attached: Yes No Q " -- - Deed'or contract`attached: Yes grirO13 What housing is available on the property and what is its present use? - How -many mobile homes are-on this property at the present time? O , Zchnn4t flS - TEMPORARY'USE DURING CONSTRUCTION OF A RESIDENCE Buildin Permit Number Date Building Permit Issued Zoning Permit 6 months from date of issue. Zoning Permit issued to RENEWALS: FIRST - From to Fee:_ Reviewed & App ssed SECOND -Fr to Fee _Reviewed & Approved ACCESSORY PARM USE Type of farming operation on property:. Number of Livestock ge n ear Acres Irrigated res Dryland _ Acres Pastu • Number of-employees now employed: Full time: Part time: ACCESSORY USE I =OR I ZONE DISTRICT Type of commercialo ustrial activit - - Number of em ees:_ Fu ime: Part time: Mobile ome will be used for: IGNATURE OF APPLICANTS �} PLICATION DATE .f A✓.7CYiC:t.fJ. `^140 g �. ..... SSG,' BUILDING FERMITS ARE .REQUIRED•,FOR ALL MOBILE BOMES.:IN ADDITION TO THE ZONING PERMIT FOR ' MOBILE HOMES. THE BUILDING*FERMIT,MAY BE OBTAINED FROM_THE BUILDING.,LNSPECTIOIZ;DIVISION, ROOM $f,- CENTER, 915 10th STREET, GREELEY, COLORADO 80631, PHONE-356-4000 E7:14425,„ 'AFTER APPROVAL-OF_THE ZONING PERMIT. C9_ C..: A�• to _ •--, - 0. 1� OJI_� t zJ h� an 3 - 3 •A V` $ G as Ntxls j .1 '< _ - _ ge 7, _ a - R - iF .--2-�� T r �/ 1S NlAb fedi fr • CSC =C ? 2. z _ _�.� _ i 2i 7. lais I / 1S NtWfOd i < - ��p ` fl �y x'(� 2 . =e te.yyy i .z a^�R_I^rot Iii t. - I - ` s �:f Z Y. ._ . •IN -- S F ^ x • nu; 72 '1S CNINa a.: 1? L ) 1]..".. ...F. ; .. .. . _ . -vs- 5. 15 O40035 1 tnt 4 t tan- tintiil . ::,.....tt 1't t r• - f. I1S 1SN3 Y'MY) LS AVANSIN 21112 December 1 , 1986 Department of Planning Service Weld County Centennial Center 915 Tenth Street Greeley, Co 80631 I Bessie Rosales 27113 7th Ave, Gill, Co 80624 aan a trailer house that is parked at said address-it is empty. Just parked as storage not in use till I can sell it. On May 22, 1986 I was issued a permit No. ZPMH- 184 now I need a renewal. ttsf S1 O531PS 27113 7;_Ave Gill;-Co 80631 72The_ • } 1 f� • ... _ j, --- 1 , I • !; i Kr_ Ior. III ii of 4. • i! l Id • r. I4OSe il ii • f U AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. tPvn4,— tt.5O Subject Property Le} % , 6%otX 1 , taci l STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this „...C day kol+-Citi. _, 19n by � c WITNESS my hand and official seal . My Commission expires: 1/4/07 PU.bl.i c A Mobile Fore Petition Do not sign this petition unless you are at "owner" of real property within 5C0 feet of the property on which the mobile home is proposed to be located on. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. We, the undersigned owners of property within 500 feet of the property that the mobile home is proposed to be located on, do tot object to the issuancg of a zoning permit for a mobile home to be used as a t-gkytstM 1490.4.. (a That ha Ayer 74'w 'c eay.4 Do not sign Mr. and Mrs. — sign individually._ Do not sign this unless you have read all of the text. Signature Mailing Address Telephone Date of C 01n Number Signing h4l+ r{+ Rt fie'A4 74' 353L�3LT?�rd? a A O1224 to cf(o1 7j3 --3 s o3 - • • STATE OF COLORADO ) ss. AFFIDAVIT OF CIRCULATOR COUNTY OF VELD ) I, being first duly sworn, depose and say that my address is that I have circulated the within Petition, that each signature thereon was affixed in my presence, and that each signature thereon is a signature of the person that is purports to be and that, to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property within 500 feet of the property where the mobile home is proposed to be located on. tassel Bessie. Ro5a\es Signature of Circulator Printed Same GBSCRTBfD-A"t SVORK to before me this get day of _�(.AW�OK , WITNESS ray hand`aad official seal. �. ( 1• .. `� Notary �u� e My commissioit-expixel: My Commission-EXPelr s'14" 27.1989 .^s et•e>.-> • BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALITIES OF PREJURY THAT THE SIGN PROVIDED RY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S FEARING FOR CASE v 2PIPMA- V2J$D . THE SIGN WAS POSTED BY: Ige$s:e., 26 sq\es NNAAMM�E OF PERSON POSTING SIGN CN1SIGNATURE[0 PLICANT��STATE OF COLORADO ) ) COUNTY OF WELD ) 11 � SUBSCRIBED AND SWORN TO BEFORE ME THIS - DAY OF �C.wenlK 19 e' SEAL `' , ty NOTARY PUBLIC MY COMMISSION:. EXPIRES My Comm.ssion Expires May 27,1989 LAST DAY TO POST SIGN IS:_ toe,C'eVv ARK 1% ' __19 8b. efr F c-n.2ra MAILING LIST Bessie Rosales ZPNH-1250. Elizabeth Rosales P.O. Box 22 Gill, CO 80624 LeRoy B. and Ofelio Rosales P.O. Box 22 Gill, CO 80624 Lorenzo Guana 27199 7th Avenue Gill, CO 80624 Paz W. Moore P.O. Box 92 Gill, CO 80624 Dorotio and Margarite bungle P.O. Box 75 Gill, CO 80624 Robert Frank P.O. Box 242 Kersey, CO 80644 Ezequel and Libreda Gallardo P.O. Box 81 Gill, CO 80624 Tomas Martines and Geronimo Martinez 29006 Weld County Road 66 Gill, CO 80624 Felix Maltos P.O. Box 74 Gill, CO 80624 Mary Alvarez 27031 7th Avenue Gill, CO 80624 Ben and Celia Leon c/o Paz Moore P.O. Box 92 Gill, CO 80624 * Oliva and Maria N. Andres P.O. Box 61 Gill, CO 80624 f7:12”:4 7r Sticipa, Feker FIELD CHECK FILING NUMBER: ZPMH-1250 DATE OF INSPECTION: December 22, 1986 NAME: Bessie Rosales REQUEST: Extension beyond 6 months for temporary storage. LEGAL DESCRIPTION: Lot 8, Block 9, Gill, Colorado. LOCATION: 27113 7th Avenue, Gill, Colorado. LAND USE: N plowed crop land E residential lot S 7th Avenue, vacant lots W residential lot ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The submitted drawing somewhat accurately shows the improvements on the property. The drawing is not to scale and the improvements are closer than they appear on the submitted drawing. The mobile home is slanted in a northwesternly direction. Access to the property is from 7th Avenue which is ,a gravel surface. The mobile home is located at the rear (north end) of the property. By: Chuck Cunliffe, Direct Department of Plannin Services F5 51: C.77,.-.7 , NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL 1 STATE A O ZIP CODE IDENTIFICATION # 6o62," C3 fro 2-7 .36/0 Qtoo2o03 at 003„.... P ll -13 e' o �u c-rzc; 2J l 9, pit cszocu Cad 1 a 75 o I coy- ()tor zz i 9.9 7 -Q.� J 1 j75 O 1 005 �7ah Q .9/5_ �Y fcMcg2 td ro j 273 o -oo 603 o fG rhi--c44-21--u t7 nac 2 ,,74./14Z eXce ,Z fib It Do }' RaLc 75Acr,k Pu /3On' dY , 1(ers y IOL5'4/ (; o 9 -�c,Ecui l0 .t2 ng a0 /t4 - ' �4,r,,z 61� ^�r _- ze) z2o fly q 2-- };‘,/ (etrTnhzyQ / 3 i /__AKA nP ' f ogre S �s !A `)2i -. F) Rnlo'S /fr7a / i�g� Fe /,y / � brr t�2_a pct ina 1'1p;; y po 7t J,t C,Lc. 9,04 , c‘ 80? A// /ta me ,-n?a-rte -2703/ 707i� _-•-•52/1 £o� od'y _ .4eerL PP et * t'c /te�ryi �'J�Qi 7r.s.ri e cc nq. 4 2 4`F1 00.E A tt ref.c-as A at ino_t-f 0.C.." .., fits-- f f & l jir 04> ry .. ♦ RESOLUTION RE: GRANT MOBILE HOME PERMIT NO. 1251 - JUDY OARLEY 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 of County Commissioners of Weld County, Colorado, on the 24th day of December, 1986, considered the request of Judy Oakley for a mobile home to be used as a principal dwelling, and WHEREAS, said mobile home is to be occupied in an A-Agricultural Zone District on a parcel of land being more particularly described as follows: Part of Lot 2, Lupton Meadows Subdivision, located in part of the NE; NWa, Section 30, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Board of County Commissioners, having heard the testimony, finds that said request should be granted subject to the following conditions: 1) the applicant shall apply for a building permit for the mobile home within thirty days from the date of approval by the Board of County Commissioners; and 2) the mobile home shall not be occupied until the building permit for the mobile home has been issued. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Judy Oakley for permission to place a mobile home to be used as a principal dwelling on the above described parcel of land, which was found to be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, granted subject to the hereinabove listed conditions_ BE IT FURTHER RESOLVED BY THE BOARD that FHDP-89:86:4 be transferred to this mobile home and the applicant comply with the conditions as stated in the Flood Hazard Development permit. PL..OO'J , an. A °a ity 861224 Page 2 RE: ZPMH #1251 - OAXLEY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of December, A.D. , 1986. BOARD SSIOhERS ATTEST: %w /,c�� ..1 'ti,<<n4 1 WELD COUNTY, COLORADO Weld County G4erk and Recorder and Clerk to the Board J cqu n o C airman BY: . . La , o-Tem Deput/�j/ou rk �' . Y She EXCUSED APPROVED AS TO FORM: Gene R. Brantner County Attorney e Yama� , `GaJv� ci�n 861224 To: Board of County Commissioners Date: December 24, 1986 ZPMH—#1251 Applicant: Judy Oakley This request is for one mobile home(s) to be used as principal dwelling. Legal Description of Parcel: Part of Lot 2, Lupton Meadows Subdivision located in part of the NEI NW} of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado. Location: 12236 Weld County Road 18 The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: WILL WILL NOT X Be compatible with the Weld County Comprehensive Plan. X Be compatible with the surrounding area. X Be in harmony with the character of the neighborhood. X Adversely affect the immediate area. X Be adequately served by water and sewage disposal facilities. X Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. COMMENTS: BBZP-14 was approved on February 5, 1986. August 20, 1986, the applicant's manufactured home was destroyed by a fire. The applicant wishes to located a 14' X 70' single wide mobile home on the property. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant applying for a building permit for the mobile home within thirty (30) days from the date of approval by the Board of County Commissioners. 2, The mobile home shall not be occupied until the building permit for the mobile home has been issued. 861224 ZPMH-1251 Page 2 ,ejc1 The Department of Planning Services staff would further recommend that the FHDP-89:86:4 be transferred to this mobile home and the applicant...ppay with the conditions stated in the Flood Hazard Development permit. c.2fi 0aw%J w.�} WELD COUNTY DEPARTMENT OF PLANNING SERVICES ZONING PERMIT 915 10th Street MOBILE HOME Greeley, Colorado 80631 Phone 356-4000 Ext. 4400 IMP0ITANT - Complete all items on both sides. Mark boxes where applicable. APPLICANT � /� ` PHONE � ,/ ADDRESS ,7y F t ` / A .. Lt 32 7' '/3: l3ir PP i.ww) A 0 r P4.. LA be a �u�, fl'�n PHONE I OWNER L1 /'h _ v�t y ADDRESS � � /1��] Y it9aak U)c. e 1c. 'l, LU.p* on 9pba1 CITY - STATE - Z P LOT LOCK UB NISIpN CJQST 4,4►i{�CRC5o.'j4tc1 Sec}io 3U a 1 6Up?en e4tL*t7 � LEGAL DESCRIPTION ircir."t14, Aflot a 2..4e 46 Section s3(, ,-T N, R _W. Total Acreage 4,94 Application for zoning permit is made for: . .Staff Approval Board of County Commissioners Approval 0 Temporary Use During Construction a Use Beyond 18 months During Construction of a residence of a residence OTemporary Storage p Extension Beyond 6 months .for Temporary _. Storage El Accessory to Farm 0 More than one MH as Accessory to Farm QAccessory Use as an Office . El -More than one MH as Accessory Use as ' © Accessory Use in C or I Zone District an Office More than'one MR as Accessory Use in 0 Accessory Structure - - C or-I-Zone District - aTemporary Use during Medical Hardship C More than one accessory structure Principal Dwelling The above requires an Application fee of - - The above requires an Application .fee..,of . $55.00_ $110.00 TYPE OF SEWAGE- DISPOSAL TYPE OF WATER SUPPLY 0 Public or private company: 0 Public or private company: 0 Septic Tank — Permit #G 2jo1L0 a Individual (well cistern Well Permit # Copy Attached: Yes No CJ Copy Attached: Yes No Q` — DEPARTMENT OF PLANNING SERVICES USE ONLY JFi.3t)- ZONING DISTRICT ZONING PERMIT NUMBER rttu1 -urnt tZS1 APPLICATION FEE PAID- RECEI`TNUUMBBERR DATE , Z!4 (�( CHAINDEXED Qry0 � / !/ APPROVED BY: Staff 0 Board of County Commissioners — Hearing Date l ISSUED BY: DATE MOBILE HOME BUILDING PERMIT NUMBER DATE ISSUED 1 • r, .489? CJ ° ' n 'II; ' owe° I , ° " �� ;✓` �' ► �r _ i�t_ '^ - _—__ M 1498/ SYk p.0 ( 4867 J4 . ... � :.-- -v c :4862 sP Ma'a'a 0, 't627,a i n ° If \ a =302 a �i} \` 1. `\ n•°\ ^ T \ \`, l .,f ,�\��1,. ti 94 Ai.; I U .. „ �� L' a j 29 r . / r f- � /~ I � rr o,#-. 's. s m A I 0 1� � e ;• CJ/ l '\u \ - pl n ' \ O f s,,, I ¢;I moo :,it,,,,.,------= r,..., yam :zzac= i � _ } W \ � \ r hl °. t } a BM 4692 O . \. \f ° n • / /fin \ s_ ¢¢_%' �,, at _y \ ri e ç \ Pe ��•� ,goo m ' (, I�1\ _ ., 1 Br 'l; 4 I I -_-).--,-,--,,,c,\ I 1 4lL I 9� m . i x`\ y ' y /' :j,' 4ilt__ / N �I �`_" A ;asU 's�"�'. -In tt fir' `' 5� �%rstiFir.h j— �� I r �,��c+ l "Ort Ltc f ! I I �O �r :yr /)/ ' �Y �r at., SM4 4 I ' A \; �� .1 ell; / �. �� "I I 52 �; 11. \ i ./ ' :9B nB9J O L- nG Sta :1-_:....'- r. 'J' L.� .\ v t m di a -ta _ /J` �\ •.'{. 'eT;X4-3'— .q r \la� � b ,, I J v3 1 's'� A v a - '_s t . '�'. ( \•-ate , I� ' O - ` 1'r.4 •O. I 1 / � 11 /./ �+ .. mod• �[�F �� / )J '�. �• / l _ C ?C`1 .-� 7 `•: Y'=`nom nt -:-� il. I- C r `: 499 WELD COUNTY DEPARTMENT OF PLANNING SERVICES ZONING PERMIT 915 10th Street MOBILE HOME Greeley, Colorado 80631 Phone 356-4000 Ext. 4400 IMPORTANT - Complete� /a/�ll�l items on onn both sides. Mark boxes where applicable. 4/6,3 . . APPLICANT u y / ` - (5),A , ' y PHONE t$7 ADDRESS / !Y �tie,� t sa n flog Pi. L / a von a i OWNER �� U 1 1 PRONE ' ADDRESS �" '7C,1 ItPalig Vnc. e V Vt.. Lwp* ovl .� Roeal CITY - STATE 1 r- Z P LOT LOCK UB VISI N C'ffiT 4,�1'Y'prCRCS3-c&,oti Lech° 30 s t I.fsen Ines�7c LEGAL DESCRIPTIONL .w/k.p allot 04 120,1,\5e �b Section ,36 , T N, R /4 W. Total -Acreage 4t-94I Application. for zoning permit is made for: ...Staff Approval . Board. of- County Commissioners-Approval Temporary .Use During Construction _. � a Use Beyond18months During Construction - of a residence of a residence Temporary Storage Q Extension Beyond 6 months for Temporary Storage Q Accessory to Farm Q More than one MH as Accessory to Farm O. Accessory Use as an Office O More than one MR as Accessory Use as QAccessory Use in C or.I Zone District an Office Q More than--one MR-as Accessory' Use' in Q Accessory Structure C-or-I Zone-District QTemporary Use during Medical Hardship --❑ More than one accessory structure Principal Dwelling The above requires an Application fee of - The above requires an Application .fee, of —$5500:' _ $110.00 -----TYPE-OF-SEWAGE DISPOSAL ' TYPE OF WATER SUPPLY • Q Public or private company: O Public or private company: " o Septic Tank — Permit a#Gg10a0 O Individual (well cistern) Well Permit ,$ 14 z"] i€ Copy Attached: Yesig No Q Copv 'Attached: Yes NOV' DEPARTMENT OF PLANNING SERVICES USE ONLY P E)0 ZONING DISTRICT ZONING PERMIT NUMBER Ylcu� ^utc� t 1Z5t APPLICATION FEEP�1 D RECEIPT NUMBER DATE , ,. /.....t , ICHAINDEXED ` 1523O 14 cl it , L APPROVED BY: + lsco0 Staff Q Board of County Commissioners. Hearing bate ��(?4ISSUED BY: DATEII MOBILE HOME BUILDING PERMIT NUMBER DATE ISSUED .. r '--1 .r . A sketch.plan _is,.required as, pert of the application review.._, Please attach a sketch plan of the site at the scale on one inch represents fifty feet or other suitable scale- to show the proposed `location of the mobile home, including distances from.the property liaes. and... other structures on the property; access to the mobile home, indicating whether the access is existing or proposed; location andmeasurements of any easements or"right-of-ways; and, any existing structures on the property. Sketch Plan attached= Yes No - Deed or contract attached: Yesj2f No What housing is available on the property and what is its present use? Clyt, How many mobile homes are on this propert at--thepresent time. �y3� �� { P Y " '� 1 v gPda j o-bi TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE - b.SMAYIlilt Building Permit Number Date Building Permit Issued ' Zoning Permit valid for 6 months from date of issue Zoning Permit issued Valid from to RENEWALS: FIRST - From to Fee: Reviewed A Approved SECOND -From to' Fee: Reviewed A Approved ACCESSORY FARM USE - Type of farming operation on property: Number of Livestock Average number per year Acres Irrigated_ Acres Drylaad Acres Pasture Number of employees now employed: Full time: Part time: ACCESSORY USE IN- C- OR I-ZONE DISTRICT Type of commercial or industrial activity on property: Number of employees: Full time: Part time: Mobile home will be used for: - "ATURE OF APPL AN, i PLICATION DA_ `Y • • OBILE HOMES IN ADDITION TO THE ZONING PERMIT FOR ILE HOME'. . THE B ,G 'E IT BEOBTAINED.FROM ,THE,BUILDING.SNSPECTSON_DIVISION, OM 342, NTENNIAL CENTER, 5 19 STREET, GREELEY, COLORADO 80631, PHONE 356-4000 EXT.` 4425, AFTER APPROVAL OF' .INC-PERMIT. ' 61"4-3:4; C - 9'7 ' 7-'. d P I \ j, o ffi aeez4 > 1 „ v ..o 14 • 4867 •r 141921 r/ 4o f•p l a.- ` , � r 4882 inner .• 4917 N 0 1� U" - ; �. o� --I'- ', Q \ `� \ I i /ii 1� r ___ Z- i v 1 ® if a ° // e � o mo a _+'e: �a -;..-w�^' .M 6892 c C . \'''-: ` ��i,u -° n ip ', u e o - `72,..4.2, `r, n Mlnt y I - if 2 i t ��.I Ir " �J 'C �. 0 'Jr1 .� 2t4 q\/ Fo 11\` •'a—�]ca� =¢c� b�\� `—Y PpI / T_..n.„,, /- -° `.. )\I \ i Y W \ II "y/ \ I ll• C / / I. 1 ' �\ r at L r c. IILL 1 .1st/ a CO \ ;, 1 6,, �\ moos+ G' •� '_,I o /` INJJ---- 7in 9 I +• / o • a � . r •1 / ;y_. 1 R 5:,1\,____s•••114_,.-"; I� Ill 1 I V �l �t Igra ��L I ( A ❑ �'•� 1• WBO� I � j___,y7.,._•„ii \1` �' - -:•�'� y� y '� 1...�F ;I 1, r/` / �! n . 1�._.ILI / o°y .r i ES i. ', 4 a - a i I+Fort Lupton ' 7 j+ , , //� ' ..:has. ■y. If. I BM4 4 ' AI �• tea u / I" // 'I�-'--.,t IC '�n ' �1 "/ //III //qJj /� a 9e n .9J O :.i oCosrg •. M- 4 1!•I I �/ �! �4 I \1\ q .C�� 9 t tar, L 9 4 _ HP \If 11 PP `3 a ap �I \ ~ * _•=--'-'----__---.I.IL ' I J/ p i• /i / r I C� W.C. ROAD 18 • 65 45 7O-µ .:6831 66,4 6846 VZ FILL AREA O� PROPOSED ABSORPTION BED 0 1 (E." 67.76 6746 67.56 PROPOSED 1250 GAL SEPTIC TANK 1 PROPOSED HOME FINISHED FLOOR 72.0 68.06100 YEAR FLOOD PLANE ELEV. 69.00 66.6 NOTE: i00Yr FLOOD PLANE ELEvATION 69.OO POWER POLE 8fx 74 17 SITE PLAN SCALE: I°=201 A 9 - 494 ZedAte u/o-ta„G.Ld,ieya.tt- aritaticA_Aotnit Gin OTLityiesil nrifr< J-Wvfl± dA4Qn a>? Quo, 194. �k yam, amikabit aate „4,6teosn ,, Lpuipe,f,, S&L) o LaiiNwh,,., zi-eo OAL „,±0 nriftalicat JAnuio. (sae Cek, 444,4,-6404., tmlitkiclAhnu dtawka,s,44:070-2,� /U� .�J*ae42�� RPK l.�- O�icJ (� 4ltlO .,�. ��atwoLJ WR..3-P...-:7:5 C RADO DIVISION OF WATER RESOL ES [CtJVE J 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 PERMIT APPLICATION FORM Application must - -{AT 3c"^..�tYl be complete where ( ) A PERMIT TO USE GROUND WATER A'c-bWt.`. R applicable. Type or >c-i-A,PERMIT TO CONSTRUCT A WELL IZLO. print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( ) OTHER WATER COURT CASE N0: '(1) XCPPUCANT- maWrng•address - R-OFFTCE-USE ONLY: DO NOT WRITE IN THIS COLUMN NAME I,t(t / 0�iC��/( Y Receipt No. -67/75-;1-5-- STREEET/d/ (`l (0/// �-7(�iT/�� Basin Dist. CITY 21OO%l Co CPkid/ r (State) (LID) CONDITIONS OF APPROVAL TELEPHONE NO. ? 52 /-?3' This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County �l Pr1c� right from seeking relief in a civil court action. N V n 7,of the / i(/(C� % Section } 1) • •APPROVED PURSUA:TT TO CRS ' '. 37-92-502 Twp. '2_. IL Rng. A ( U') (-7 p M (3)(b)(II) AS THE ONLY WELL ON A RESI_DENTIPL tN.5) (LW SITE E OF4LV /ACRES DESCRIBED ASa0 c _ ) ;� (3) WATER USE AND WELL DATA /r74 ' Z/-? n t l 4-( _ i/Fsr _ip7-,r"-F 2) THE USE OF GROUNDWATER FROM THIS WEll. IS LIMITED Proposed maximum pumping rate(gpm) A TO ORDINARY HOUSEHOLD PURPOSES INSIDE A Average annual amount of ground water I SINGLE FAMILY D. ...L `{G, AND SHALL NOT BE USED to be appropriated (acre-feet: OUTSIDE THE HOUSE FOR ANY PURPOSE. I I Number of acres to be irrigated: 1 E —IYI L THE RETURN FLOW% FRO%1 THE USE Or F H WELL ``` 7C/(J SYSTEM OF HE NON -EVAPORATIVE TIP MERE WATER—DISPOSAL Proposed total depth (feet): `-- . Aquifer around water isto be obtained from: WATER IS.RETURNED TO 1HE SAME STREAM SiSICw 1$ WHIGli DE WELL IS LOCATED. '-`r.c: 0= t}I" WELT_ Tr-TALI NOT EXCEED thO • Owner'swell designation '!:'-i,'C:- DCrttc_rCN��S TO THE 3?S= QF H GROUND WATER TO SE USED FOR: rZ.r/:e M'L/l ce &^ r-,�.r-$t ,.t (1'()HOUSEHOLD USE ONLY no irrigation (0) 1 DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) COMMERCI L ( ( - 1 IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL(8) ( 1 OTHER (9) ' APPLICATION APPROVED • DETAIL THE USE ON BACK IN (11) • 42,�1 PERMIT NUMBER _ 3 (4) DRILLER... • JAN 3 01986 DATE ISSUED C❑�� Name L I �. EXPIRATION DATE JAN 3 0 19€8 Street (J Cr / City / � TAT- E I EER) (State) (Zln) - `fin' ? ! ,--.7,,,P BY Telephone No. Lic.No._ I '1 1.0. Q COUNTY 5 2 (5) THE LOCATION OF TH: .OPOSED WELL and the area on (6) -I _ WELL MUST BE LOCATED BELOW , which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 64O acres) for the well location. �/ + -)'- — —ti �r:sf ion ft from /1r dye n — `"{- + ,- '{" - — + _.. ± _ _�_ !.J >. Sec.fine (no.)tn�cfjr v,utn) t t4--1 MILE,5280 FEET--� I '�f t. from (�" 1r + ( see.line 1 T •-r (east or west) LOT A BLOCK FILING s I I .I_ _ _I. w . NORTH SECTION L INE - I . SUBDIVISION -(7)TRACT ON WHICH WELL WILL BE NORTH LOCATED ---� ( �7/5/4C. / I_ 1— ze + — — _ +. — (O�.vne7r1 f (c lLa[/ �. l/`3�L`' �f h + No,of acres , 11 / '/ i __ Will this be I 2 I I � I O m ' the only well on this tracts ` ` O^) o (8) PROPOSED CASING PROGRAM 1 I I w I Plain Casing T _in.from 0 ft. to -L$ 0 - ft. 'r - + - I 1I in.from ft to ft. SOUTH SECTION LINE �- Perforated easing - -I — I i "� LS in.from )- 5A ft.to SQO ft. -I- + + 4- -I- 4- -i- in from ft. to ft 1 i I ( ( (9) FOR REPLACEMENT WELLSgiyedistance t — i- ft _ I _ ± _ ___ _4_ ` + _ I i tul directionfrom old well anti plans for plugging ..I_ T it: The scale of the diagram is 2 inches= 1 mile -_ IVA Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre Loot covets t acre of land 1 foot deep 1 cubic fool per second tea . . .449 gallons per minute(?;.m) A family of 5 will require approximately I acre-loot of water per year. 1 acre-foot...43.560 cubic feet .. .325,900 gallons. 1,000 gpm pumped Con sinuously for one Clay produces 4.42 acre-feet. (10) LAND ON WHIC/�/jH GROUND WATER WILL BE USED: "1 No. of acres. S. `!�/ JY, Legal description: L e)._c22/r E2•36..r 7.21�,��/ //��b 64 O (11) DETAILED DfCRIPTION of the use of ground w ter: Hou hold use and d'6mestic well mu indicate type f.dispos system to be used r / / N2)OT1)�'f�?�1�;T flGft'TS.used on-this , r 1is land, including wells. Give Registration and Water Court Case Numbers- Typeor. 'qht Used for(purpose) Description of land on which used 1.J [!a - - ------ . . . . (13) HE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON tS TR E TO THE B T OE KNO L AGE. //f " J TURF OF PPL1 ANTS) Use additional sh-a:ts Of paper if more space is required. HSE106P APPLICATION FOR INDIVIDUAL SEWAGE 1fSPOSAL SYSTEM N0. G-860 WELD COUNTY HEALTH DEPARTMENT NE« A:=PLICATION ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY , CO 80631 353-0635 EXT.2225 OWNER OAKLEY, JUDY A. ADDRESS 10100 WEST 12TH AVE. PR (3035 237-1 LAKEWOOD, CO 80215 ADDRESS OF E,ROPOSED SYSTEM RD i8 - Fr LUPTON, -00 80621 LEGAL DESCRIPTION OF SITE: SEC 30 TWP 2 RNG 66 SUBDIVISION: LUPTON MEADOWS LAND LOT 2 BLOCK 0 , FILING 0 USE TYPE: RESIDENTIAL 'SERVICES : PERSONS 5 BATHROOMS 2.00 LOT SIZE 4.94 ACRES BEDROOMS 3 BASEMENT PLUMBING NO WATER SUPPLY PWELL APPLICANT ACKNOWLEDGES THAT THE COMPLETENESS OF THIS APPLICATION IS CNDITIONAL UPON FURTHER MANDATORY AND ADDITIONAL TESTS AND REPORTS AS MAY BE REQU:RED BY TH WELD COUNTY HEALTH DEPARTMENT TO BE MADE AND FURNISHED BY THE APPLIC N OR BY TH WELD COUNTY HEALTH DEPARTMENT FOR PURPOSES OF THE EVALUATION OF THE :AE: LICA"iION;, AND THE ISSUANCE OF THE PERMIT IS SUBJECT TO SUCH TERMS AND CONDITIONS AS DEEMED NECESSARY TO INSURE COMPLIANCE WITH RULES 'AND REGULATIONS ADOPTED UNDER ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED. THE APPLICANT CERTIFIES THAT YH'= 2ROPOSED SYSTEM WILL NOT BE LOCATED WITHIN 400 FEET OF A COMMUNITY SEWAGE SYSTEM. THE UNDERSIGNED HEREBY CERTIFIES THAT ALL STATEMENTS MADE, INFORMATION AND REPORTS SUBMITTED HEREWITH AND REQUIRED TO BE SUBMITTED BY THE APPLICANT ARE, nli WILL BE REPRESENTED TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND DEL: EE, AND ARE DESIGNED TO BE RELIED) ON BY THE WELD COUNTY HEALTH DEPARTMENT IN EVALUATING. THE SAME FOR PURPOSES OF ISSUING THE PERMIT APPLIED FOR HEREIN. I FUR HER UNDER STAND THAT ANY FALSIFICATION OR MISREPRESENTATION MAY RESULT IN THE DENIAL OF T1 APPLICATION OR REVOCATION OF ANY PERMIT GRANTED BASED UPON SAID APELICc;TION AND IN LEGAL ACTION FOR PERJURY AS PROVIDED BY LAW. APPLICATION FEE $150.00 •DY A. /FA Y REC 'D BY RECEPTIONIST AID feat -F - -- : /30/86 DATE 01 /30/86 •* ER/AG S GN BATE • • ORIGINAL-APPLICANT; COPY-WCHD WCHD-EHS MAY, `. 184 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. 2_PWsfl 'Man Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application sub ' Sion date. Q The foregoing instrument was ubscribed and sworn to before me is i ' day � l]!c{Y+nimltr 19N, by Kt AdIT :EEss My, hand and official seal . +roy:Commission expires: cx?ires \�.:.Y 27, 1929. �. (} �,.C(�h �i�ti Notary Public • PC's' 221 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # /3D9 3o 000 001 t.t)e&coV n4-a.EF o?2 elay4.02 ,17t, 514414e O4 jDQntt2egdaolo X309 30 ova as Naar land/ etts &P e.�ry n - la aoe we. I �/ & mlth4ei Fr10 nee r+ ku.plon, Ca gaol _309366 AG aka RRISIAMCa. 30106 1 �� 1309 19Qo 06324 £w unhson tnc, 4b9 OcineQt Atte&tzp a So a , o • • BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALITIES OF PRE-1URY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S FEARING FOR CASE li ZQwa\- tZS I . TEE SIGN WAS POSTED BY: t r . L F PERS i OST + SIGN GNATUP. OF STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS -1 `" DAY OF CAe Natete 19p . SEA` PUBLIC '��{r Caileslita NOTARY PUBLIC . My Comm;sicn - MY_LOMMISSION EXPIRES LAST DAY TO POST SIGN IS: Mgr' .{ t3 198ce, . CAA • FIELD CHECK FILING NUMBER: ZPMH-1251 DATE OF INSPECTION: December 12, 1986 NAME: Judy Oakley REQUEST: Principal Dwelling -Mobile Home. LEGAL DESCRIPTION: Lot 2, Lupton Meadows, part of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: 12236 Weld County Road 18, one mile north of Fort Lupton. LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Burned out manufactured home located on property. The ground under the manufactured home has been filled in to raise the level of the ground because of the flood plain. It appears that a natural drainage area crosses the property immediately south of where the manufactured home is located. Access is to Weld County Road 18 which is a paved surface. Property to east has a single wide mobile home located on it. Parcel to west has a brick house on it. By: _N a Chuck Cunliffe, Director Department of Planning Service Q .�• AR20a2568 • RESOLUTION RE; APPROVE CORRECTION TO SUBDIVISION EXEMPTION NO. 285 - WEBSTER LAND AND CATTLE COMPANY WHEREAS, the Board of County Commissioners of Weld County, CD U Colorado, pursuant to Colorado statute and the Weld County Home O Rule Charter, is vested with the authority of administering the -4V affairs of Weld County, Colorado, and WHEREAS, the Board did, by Resolution dated November 26, ow 1986, and recorded at Book 1137 , Reception Number 02078915, in the a 3 office of the weld County Clerk and Recorder, approve Subdivision w Exemption No. 285 for Webster Land and Cattle Company, and ea 0p WHEREAS, it has been discovered that an error was made in the w legal description of the Created Parcel, and Ina WHEREAS, the Board deems it advisable to correct said legal description to read as follows: m ‘Coo CREATED PARCEL WC) z A tract of land located in the Northeast Quarter of Section 25, Township 7 North, Range W y 67 West of the 6th P.N.. , Weld County, Colorado, and being more particularly co j described as follows: coal Commencing at the North Quarter Corner of said Section 25 and considering the North line of o z said Northeast Quarter to bear North 90°00'00" N ft East and with all bearings contained herein relative thereto: Thence North 90°00' 00" East, 141.20 feet along the North line of said Northeast Quarter to the true point of beginning; Thence North 90°00'00" East, 179. 45 feet along the North line of said Northeast Quarter; Thence South 00°00'00" West, 40.00 feet; Thence South 35°15'18" East, 48.05 feet; Thence South 00°40'33" West, 60.45 feet; Thence South 53°24' 17" West, 40.16 feet; Thence North 89°17' 00" West, 153.79 feet; Thence North 43°08'17" West, 46.29 feet; Thence North 04°22' 12" East, 128.29 feet to the true point of beginning; C �U 6 ` �u�' �v u" 861 N o Page 2 c U RE: CORRECT SE #285 - WEBSTER LAND AND CATTLE COMPANY N O C) q Said tract of land contains 0.738 acres, which .z includes 0.124 acres of land in the present 8N road right-of-way, and said tract of land o a being subject to any rights-of-way or other (w easements as recorded by instruments of record or as now existing on said described parcel of 0 C.) land. w in a NOW, THEREFORE, BE IT RESOLVED by the Board of County :„; "$ Commissioners of Weld County, Colorado, that the legal description r4X for Subdivision No. 285 be, and hereby is, corrected to read as w hereinabove stated. t.0.4 Co v The above and foregoing Resolution was, on motion duly made elm and seconded, adopted by the following vote on the 29th day of ;,11,1 December, A.D. , 1986. ria wpfriL BOARD OF COUNTY COMMISSIONERS CO w ATTEST ,1: r ?" 1° WELD COUNTY, COLORADO CO WeZdfCoxk and Recorder �„ N and�,� - r tin e 'oard J-c• e., i J9 son, airman o /'�4( /y may; .. BY: G. ;. . �;"' �cy r; em o N ountyrk t..401 APPROVED=A T t..401O FORM: Gene R. Brantner N H C1 A. tool - C7 C.W. Kirby County Attorney „w p-_ Fr�Yama 1 861223 V RESOLUTION. RE: APPROVE LAW ENPORCEMENT AGREEMENT BETWEEN THE TOWN OF HUDSON AND WELD COUNTY, COLORADO, AND AUTHORIZE CHAIRMAN 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 Town of Hudson does not desire to provide its own law enforcement protection and wishes to use the services of the Weld County Sheriff, and WHEREAS, an Agreement to provide law enforcement protection within the corporate limits of said municipality, between the Town of Hudson and Weld County, Colorado, has been presented to the Board, and WHEREAS, the term of said Law Enforcement Agreement shall be from January 1, 1987, to December 31, 1987, with the further terms and conditions being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Law Enforcement Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Law Enforcement Agreement between the Town of Hudson and Weld County, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Law Enforcement Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December,,A.D. , 1986. �y $.. BOARD OF COUNTY COMMISSIONERS ATTEST 1:ptut_e„.„�`-z ,1 l ;,:, WELD COUNTY, COLORADO Weld County Clerk and Recorder _� �•, .�, and Clerk tb. the Board cqu"-,`y/• h sue• , Chairman BY: r �j - /Zn G•�V`•``z L. '• , o-Tem Deputy�County Jerk f APPROVED AS TO FORM: ei,e R. Brantner lir/Le* c_• ce;-1,!cli.41 /r County Attorney Frank Yamagu ;/ _S o OcOI lc P-rac _ } PiCc,c6onl 861225 LAW ENFORCEMENT AGREEMENT THIS AGREEMENT, made and entered into this 9th day of December, 1986, by and between the County of Weld and the Weld County Sheriff, hereinafter referred to as "County", and the Town of Hudson, hereinafter referred to as the "Municipality": WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said Municipality at a level of service which exceeds the basic level currently provided through the County Sheriff, and, WHEREAS, the County is agreeable to rendering such services and protection on the terms and conditions hereinafter set forth, and, WHEREAS, such contracts are authorized and provided for by the provisions of 29-1-203, Colorado Revised Statutes as amended, 1973, and so provided for by the Weld County Home Rule Charter, Section 2 - 3, NOW, THEREFORE, pursuant to the terms of the aforesaid statute and Weld County Home Rule Charter, it is agreed as follows: 1. That the County, by way of the Sheriff, shall provide police II protection within the corporate limits of the Municipality to the extent and a manner so hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Weld County Sheriff pursuant to Colorado Laws and Statutues. b. Except as otherwise hereinafter provided, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of similar population density in Weld County, subject to the good faith discretion of the Sheriff in consideration of emergency or unexpected law. enforcement needs elsewhere in Weld County. The Weld County Sheriff will provide, as part of the Agreement, a basic level of approximately 35 hours per month of directly committed patrol service and an unspecified amount of indirect patrol service at the same basic level of service which is provided for the unincorporated areas of similar population density in Weld County. Actual hours of directly committed patrol service will be established by the municipal police commission upon the assessments of changing community needs, statistical/crime analysis information and other factors such as day of week, month, school vs non—school day, holiday, and community activities or events. Total hours and exact times of directly committed patrol service may be modified as required by the municipal police commission to ensure no set trend is established that would defeat crime prevention aspects of patrol service. c. The specific services provided to the Municipality by the Sheriff will include the following: tif'J 5%J� 1 1. General traffic violation enforcement, pursuant to the Hudson model traffic code. 2. Investigation of traffic accidents. 3. Business checks after hours. 4. Professional investigation of criminal offenses. 5. Maintenance of complete police records system including crime reports, arrest warrants, and on-line entry of UCH statistics into the Colorado Crime Information Center computer, as well as entry of stolen property and missing/wanted persons. 6. Automated crime analysis and statistical systems on in-house systems at present capability. 7. Both in-house forensic laboratory support and proper use of the Colorado Bureau of Investigation Lab when required. 8. Maintenance and proper handling of all evidence related to criminal activity. 9. Development and maintenance of contingency emergency plans upon approval of municipal police commission. 10. Crime prevention materials and programs for residential and business applications upon request and within current capability. 11. Use of mobile crime laboratory with professional crime scene technicians. 12, Vacation checks of private residences upon request. 13. Establishment and maintenance of Crime Prevention programs (cost of materials not to exceed $750.00 and to be taken from total contract cost) . 14. Any other services, upon request, that are within current capabilities and cost limitations. d. The rendition of services, in terms of the standard of performance, the discipline of the officers, and other matters incidental to the performance of such services and control of personnel so employed, shall at all times be, and exclusively remain, vested in the Sheriff and not in the Municipality or any officer of agent thereof. Deputies assigned by the Sheriff to provide directly committed patrol service shall be so assigned on a rotating basis consistent with current patrol district assignments made for the unincorporated portions of Weld County. Rotating, deputies shall be, in terms of overall performance as evaluated by the Sheriff in accordance with County or Sheriff's Department procedure, consistent with the average representative performance of deputies providing service in unincorporated areas of the County. e. Such service shall include the enforcement of Colorado State Statutes and Laws and the municipal ordinances of the Town of Hudson which are the same type and nature of Colorado State Statutes and laws enforced by the Sheriff within the unincorporated areas of Weld County. All citations written for statute or law violations will command the violator to appear before the Weld County Court. All citations for municipal code violations will command the violator to appear before the Weld County Court. The Sheriff will not enforce any municipal code violations which are not of the same type and nature as the Colorado State Statutes and Laws, including such acts as the impoundment of animals at large, sign removal, zoning violations, or removal of junk vehicles on private property, with the exception of the open container ordinance and the noise ordinance which the Sheriff shall enforce. 2 2. That the Sheriff shall have full cooperation from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Agreement. 3. The County shall furnish and supply all labor, supervision, equipment, communication facilities for dispatching, cost of jail detention and booking, and all supplies necessary to maintain the level of service to be rendered herein. However, the Municipality will provide at no cost, access to Town Hall facilities for administrative use, such as interviews and completion of paperwork when required, and currently owned law enforcement equipment, such as radar equipment, for traffic control and other law enforcement functions throughout the duration of this Agreement. It is understood that any equipment used will remain in the ownership of the Town of Hudson and necessary maintenance cost will be borne by the County throughout the duration of this Agreement. 4. That the Sheriff provide a monthly written report to the municipal police commission detailing law enforcement and public service activities provided under the Agreement. Said report should, as a minimum, detail number and type of criminal complaints, property loss, hours of patrol service, response time, hours of investigative service, number and type of traffic accidents, crime analysis data, and recommendations as to beneficial alteration of services. 5. That the Sheriff or his delagated representative appear before the Hudson Police Commission as requested. The Commission shall not request an appearance more than once a month. More frequent requests and appearances shall be paid for by the Town of Hudson upon advance written request of the Weld County Sheriff's Office. 6. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 7. The County agrees, at its own expense, to procure adequate insurance against and to indemnify, defend and hold the Municipality harmless against any and all of the following types of claims. a. Claims by any County employee for compensation, fringe benefits of any kind whatever (including, without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave, or sick pay) or indemnification for tort claim damages or similar claims for damages (e.g., Section 1983 Claims). b. Claims by any other party for damages for any alleged unlawful act or omission, negligent or willful, on the part of any County employee acting pursuant to this Agreement. 3 8. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts, or omissions of said Municipality, or any officer, agent, or employee thereof to the extent of its legal authority to do so. Municipalities agree to indemnify, defend, and hold harmless the County, Sheriff, and his officers and employees for any claims arising out of such acts and to pay all judgments arising out of such claims by such means as are provided by Statute including levy of a special tax to pay the judgment. 9. This Agreement shall be effective from January 1, 1987 to December 31, 1987. 10. The Municipality agrees to pay the County for the services to be rendered under this Agreement at the rate of $21.00 per hour for directly committed patrol and for actual time required for on-call requests, and crime prevention programs and Court up to a maximum of hey?O,,o . In the event specific off-duty police officers must appear in Court to provide testimony, the Twon shall reimburse the Sheriff's Office at a rate of $28.00 per appearance per deputy for up to two hours. After hours, the cost will be $21.00 per hour. Criminal investigations and aaministrative investigations such as a liquor license applicant backgrounds will be conducted without charge as these costs have been anticipated in the hourly rate. 11. The Sheriff's Office agrees that a maximum of $750.00 of the contract amount will be spent by them on crime prevention materials selected by the Town on the advice and recommendation of the Sheriff's Office. The menhours needed to implement crime prevention programs shall be included as part of normal patrol activities but the scheduling shall coincide so as to provide the crime prevention program optimal opportunity for success. 12. The Sheriff's Office shall make a concientious effort to provide effective traffic enforcement. The purpose of efforts in this area shall be to discourage or prevent unsafe situations from occurring and, therefore, reduce the possibility of accidents. 13. Within seven (7) working days following the last day of a calendar month, the Sheriff will provide a bill to the municipal police- commission supported by invoices of both directly committed patrol and on-call request services. 14. The Municipality hereby agrees to pay, in arrears, on or before the 30th day of the month following the month for which services are billed. If said payment is not received by said date, the Sheriff nay, at his discretion, terminate all service under this Agreement. If said payment is 1C 1f7/2.7:25- .;C..•" cr9 day notice of termination of all services under this Agreement to the Municipality and to the Board of Weld County Commissioners. 15. If the annual salaries and/or fringe benefits of the deputy sheriffs are increased at any time during the term herein stated, this contract shall not be increased. However, the County may, upon renewal of this Agreement, increase the hourly rate received under this Agreement to reflect increases in salaries and/or fringe benefits. Said increases shall be presented in writing to the Municipality not less than 120 days prior to the renewal of this Agreement. 16. This Agreement may be renewed for successive 12 month periods-upon the written concurrence by both parties of the terms and conditions of the renewed Agreement, including any revision of rates and charges. To renew this Agreement, the Municipality shall notify the chairman of the Board of County Commissioners and the Sheriff in writing not later than 90 days prior to the expiration date of this Agreement, stating terms and money to be paid under such renewal. The Board of County Commissioners and the Sheriff shall act within 15 days of the receipt of the municipal notification stating terms and money to be paid to accept or reject the proposed renewal, with the intentions and efforts of both parties being to reach an agreement a minimum of 60 days prior to the expiration of this Agreement. Otherwise, this Agreement will automatically terminate by its own terms. 17. The Municipality shall have the right to terminate this Agreement at any time providing that the Town of Hudson provides the Sheriff and Board of Weld County Commissioners 90 days written notice of such intention. 18. Any and all fines collected resulting from Hudson ordinance violations shall be paid to the Town of Hudson in accordance with currently held practices. 19. For the purpose of enhancing the effectiveness of law enforcement in the Municipality, one member of the municipal police commission shall be designated by the Town Board to act as liaison between the Municipality and the Weld County Sheriff's Office . It shall be the purpose of the liaison designee to forward all complaints or problems from the Municipality- in relation to the Agreement herein to the Sheriff or his Undersheriff in that the Sheriff is responsible directly to the municipal police commission for maximization of effective communication. The Sheriff or his office shall make periodic contacts with the municipal police commission to discuss problems or complaints, provide crime analysis information, and assist the municipal police commission in maximizing service at min41mtm cost. The Town shall provide written notification of the date, time and place of such f� c>? 5 meetings. The Sheriff, or his representative, will make all reasonable efforts to respond to existing complaints and/or problems and promptly take steps to improve the situation. IN WITNESS WHEREOF, the Municipality, by resolution duly adopted by its governing body, caused this Agreement to be signed by its mayor and attested by its clerk, and the County of Weld, by the County Board of Commissioners, has caused these present to be subscribed by the Weld County Sheriff and the Chairperson of said Board and the seal of said Board to be affixed thereto :and.attested'by the clerk of said Board, all on the day and year first above written. TOWN OF HUDSON ATTEST ip� a - hekNA AX N MA R Clerk o the-Town Board of Trustees BOARD OF WELD COUNTY COMMISSIONERS ATTEST: %,,i 2?r,5i .nr:o Clerk, Bo o C•, y Commissioners WELD COUNTY SHERIFF'S OFFICE COUNTY Seq. `e?�i ^ �. r A RECORDERS MEMORANDUM AR2082590 AT THE TIME OF RECCDATION- TEEM STRUMENT WA$ FOUND TO BE 1, " FOR THE 637 PHOTOGRAPHIC R£PRppy4[IO BECALM OF I LEciB7L1Ty,CAPgp.1 OR COPY. DISCOLORED PAPER. ETC. AR2083745 EMERGENCY ORDINANCE NO. 140-C IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 1986. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, Section 29-1-111.5, C.R.S. , 1973, provides that, if during the fiscal year, the governing board deems it N v necessary, in view of the needs of the various offices or o departments, it may transfer budgeted and appropriated monies from one or more spending agencies in the fund to one or more U spending agencies in another fund and/or transfer budgeted aQ appropriated monies between spending agencies within a fund, and WHEREAS, Section 29-1-111.6, C.R.S. , 1973, provides that, oz if during the fiscal year, the governing body or any spending r a9 agency received unanticipated revenue or revenues not assured at the time of the adoption of the budget from any source other v than the local government's property tax mill levy, the %D ix governing board of the local government may authorize the expenditure of these unanticipated or unassured funds by enacting a supplementary budget and appropriation, and N g WHEREAS, the Board of County Commissioners of Weld County, `o has been advised that supplemental appropriations in accordance o z with the above need to be made in fiscal year 1986 in the t General Fund, Road and Bridge Fund, Conservation Trust Fund, cc' Health Health Fund, Human Resources Fund, Revenue Sharing Fund, Social '" cn Services Fund, Computer Services IGA Fund, PBX IGA Fund, Housing o 1 Authority Fund, Elmore Road Improvement District Fund, Road 5 cnim Improvement District Fund, and Antelope Hills Improvement N A, District Fund, as more fully set forth in Exhibits "A" - "M", W 0z attached hereto and incorporated herein by reference, and FC WHEREAS, this is a case of an emergency caused by a v a contingency which would not have been reasonably foreseen at the time of the adoption of the 1986 budget, and o ut m WHEREAS, by Section 29-3-114, C.R.S. , 1973, the governing board of a county does, in an emergency situation, have CO k. authority for the expenditure of funds in excess of said budget, by Ordinance duly adopted by two-thirds of the vote of said governing body. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that the budgetary appropriations to the 1986 General Fund, Road and Bridge Fund, Conservation Trust Fund, Health Fund, Human Resources Fund, Revenue Sharing Fund, Social Services Fund, Computer Services IGA Fund, PBX IGA Fund, Housing Authority Fund, Elmore Road Improvement District Fund, Road 5 Improvement District Fund, and Antelope Hills Improvement District Fund, as more fully Page 2 RE: EMERGENCY ORDINANCE #140-C B 1141 REC 02083745 01/07/87 16:06 80.00 1/030 F 1961 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TH4o-G ea r7c R z Keo. Copy io t),i.S'o. CI-40 Cal tca 7l. set forth in Exhibits "A" - "M" , attached hereto and incorporated herein by reference at this point, which was wade necessary by an emergency caused by a contingency which could not have been reasonably foreseen at the time of the adoption of the 1986 budget be, and hereby are, approved. BE IT FURTHER ORDAINED that an emergency exists which requires that this Supplemental Appropriation Ordinance No. 140-C is declared to be an emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. The above and foregoing Ordinance No. 140-C was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: E`� 0 ''77 -7- - WELD COUNTY, COLORADO ' .el^na4, e 'AI4.:ris;.-.0/ Weld/C'6 .. k and Recorder and r"bl ` Board J cqu son C airman Ea 't f ,' f r . La C , -Tem t oun yak APPRO DrA TO FORM: ene rantner /le-ay. C_______ ?)7 ein. l > C. elCir County Attorney Published: December 25, 1986 Read and Approved: December 29, 1986 Published: January 1, 1987 B 1140 REC 02082590 12/30/86 1556 $0.00 CO O/0 C F 1326 MARY ANN 29 FEUERSTEIN CLERK & RECORDER WEx,D , CO B 1141 REC 02083745 01/07/87 16:06 $0.00 2/030 F 1962 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO - (04 Ls 11 JONL-. _NTR gilt{B_? L.J�EE 21- Fund �fpp/Naze i DA I FL'IId hoer I f PAGE 1 of /40-& - Ordinance Nu=.ber ACCOUNT CODE BUT.CE Tr-C`? FUND DE?'T ACCOUNT 0 (72Z:=-7-::) (D r•.T-zS?): BUDGET BUDGET _ D D=3'- - C=?T L. od bat 01 ,90,20 4361 3 O223c0.co1 al MO ocl 601 /O2- 635-0 B /O0OO 101 cc . 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(DEC?=iE) BUDGET BUDGET L DE3Ii - C? ?T - ► QC1 bo l 01 U -1//-0 3 y3000_.bo 1 H � o tl$ oc bo! 0/ /1271 //U 3 be f y3oao fed ego o. ad bolo / /1,271 lo31U s o?A'�O lQo I Q in o od boil o/ /1271 / /vf 3 he f 01006 fad c 2 o 0 bet i B ic01 G 0 3 ° ci ad 1C0 I B Q0 I IOC 4.414 or�. 0C1 100! 3 tot 1 adCI 0 o od 100! 3 ho I 10 co ad Tool - B H 1 od �a 4,°irs .i_ od be1 s !Co 1 - I ed Da od loot B loo I # cif „ a ��. od fool B too i # Qn Wu r•-z oz om_ • od tool 3 loaf # cd fri N o ca ` 1001 • 3 tool # od a rC I-4 GO te: oa cot B too 1 led w arw chg4D M A' od co! 3 IOC 1 1 od! ,n w co z cci (4: cc! co! - 3 loo I I ed N 4 �.>+. od CO! 3 too # i 0 i .�. . 5 4'-i- ad 001 3 loot 1 i 0d, t . n Qd 00! - - - — B --------- {,..0 1 __ 1 �r4 in Rio CI N _ odf Qo!. 3 IOC I - _ f c .�•, r2i Paw - - 0❑ coil .-. - . 3 : I30 I- - I cd cow od - coil • 3 tool • - Ida• 1- 0d 0011 3 1001 I ,' I Od 0011 - 3 - loot 1 eu ad oo11 , 3 ICQI I od Total Total - Previous 00 L.,._»r2 �/S J U v J0• Total - Total �/ :ems iC 00) De^_as_ ( - 7, oo J CO; .c= 1i • 00 1 Total I 1.^0 1 4 RESOURCE FOR SUPPLEMENTAL BUDGET APPROPRIATION - OPAGE OF - V/I tElar/ l ACCOUNT CODE BUDGET LEDGER PREVIOUS NEW pFUND DEFT ACCOUNT D DECREASE INCREASE BUDGET BUDGET E DEBIT CREDIT _ 00 00 01 /126 33510-Vix& B j. 00 /O0O O 00 00 00 CI 023.20 33510 B 00 i�/.,to0o 00 00 00 01 02990 33Yv SPRY B 00 .30.0o o0 ° � c,v 00 00 O/ COO I_363o -1JP, B 00 ��9 off 00 tX, 00 00 OI ooc l B 00 /9c 4.-39 00 0 00 00 51 _ B 00, 00 00 00 B 00 00 o,b gr 00 0o B 00 00 O v1 m 00 00 B 00 00 v 00 00. B 00 00 a w 00 00 B 00 00 . o V Q`_ 00 00 B 00 00 C a 1° oo oo In as r.g _ a 00 00 2 w 00 00 B 00 00 n 00 00, B 00 00 to �• : 01-4 00 00 1 B 00 '00 u'▪-i x pro 00 00, B 00 100 a C4• V, N In 00 00, B 00 00 o z m w 00 00 B 00 00 in ri c°Z 00 00; B 00 00 —W oZ 01 y o Rt 00 00 B 00\ 00 c . 00 00; B , ,OD 00 DI in w 00 00 B 00 00 N ' rl tr m2 4:r‘1, 00 00 B 00' 00 o a ~~ 00 00: B 00% 00 >i yolk r 4 i OQ 00 i .B 00, I 00 00 00 B 00 00 00 ✓ i7 00 OQ. B 00 00 rl 05 el i-t to rr. Total Previous 00' Sif c9.al Total Increase 00 37'Ir7.8 Total New ( 00 bit Total Decrease ( .O 00) Total 00 Total 00 3 ' . . /`d _ , Jou:�:;a E'CRY flMBE3 Fund Dame } DA:::-: f71 j EXP A+'ATICN i Fund Nu be' I PAGt 1 of • I Ordinance Nicer 11 ACCOUNT CODs 3' G L^GE3 L7 'ial$ ItEi7 FUND Da?'T AC=OU1i 0 (7N.722-1-33) - (DE»- _sE) 3i,'DG-T 3UDGIT D - D 32T C' ?T i I ccJ b01 // ,3/f'Y t _foo22D 3 75-000-Ed # 0, cv o c a� • ICo} 3/3 6°2207Soou ha l 1 cc 0 oci tool 3/5 1 637/ B /0000 100 f 1 o nv Od bat 3//b 6034 .e 3 Sato 100 od ca ca 0 d . bG I 3/VC 697/ o oa cd lae I 3/4-0 637/ 3 /37)00 b0 o o a O2OOO 0n a t"2 4w_ Od IOC{ 3/SOU lP//� 3 �UDOO1�G ad O o ad H 3ry/ 6//D .Svoo Nc off_ pa V � a J. - oc1 IC3I • 3/v5 6/10 3 /Uoo 100 01 u `° o od ton I 0 3/Yo _6//O = O2000 �Ico . • c '� "° od loot 3►90 6T5u -s3 B /5—OOO1,0e cq % a w c mv ad bet 3190 63 97 3 lea /Soda off. oz r-z • od aol a lea ad. `w or, � r F.. od cot 3 ho ad o oa • oo l 3 (no cd( cis 41 In 0 u) r• " nw od co! 3 100 ad co Z e' OQ COI 3 c z . c 1C0 C p N 4 >4 o ad GO! 3 100 C' acc _ a OCt _ 3 leo 0 � � v nd Oat. 3 too - . oa. � A, ma od col 3 1‘....0cd ad • 001 - 3 laa ca- ad col 3 lna ' od ool = s Ino ccl I - 0d 00} 3 Ico ad Total Total y Previou 00 -atr_asa 074000 30 Teal _ Total Net' ( I /� 00 Decrease ( CJ 00_ I i 100 I , To._i I ;474 00O 120 t RESOURCE FOR SUPPLEMENTAL BUDGET APPROPRIATION • a PAGE OF --?6,./ FOND NAME ACCOUNT CODE BUDGET LEDGER • C" PREVIOUS NEW i , 0 DECREASE INCREASE BUDGET BUDGET /FUND DEP 2 ACCOUNT E DEBIT CREDIT 00 , 00 pool _ 91)0 B . -57043 00 00 00 00, i/ pool_ 33Y0-PPJS B 00, 4291T0 00 00 00 _1/ cool_ 37/0 -22-- 8 00 60000 00 N 0 oo 00 00 /1 000 I _ B oo 022/63„, 00 o . o 00 0o B o0 00 000 -- - . . v m U 00 00_ B 00 00 c a n 00 00 B 00 CO c 3 00 00 B 00 00, i w o a 00 00 B 00 00 q ytW. _ . 00 00 00 B 00 00 UW T • 4oU 00 00 B 00 00 0 a aa 00 001 B 00 00 .a g 4 a. 00_ 00 _ 8 00 00 o 0 na Ca 00 00 B 00 00 co 0c z w v 00 00 _ B , QO 00 N F 01-1 W' 00 00 8 ,00 00 �'co '4 E" 00 00 B 00 00 a o2- _ N w CTI trio o0 00; B • ,oQ 00 00 00 8 00 00 o o t_ 00 00, B 00 00 N c o . 00 00! B 00 00 W CC . Qil Q 00i B 00 00 c N 00 00' _ B , 00 00 QM tim N ..4 tin ke 00 00 B 00 . 00 .-1.-i 00 00 t B 00 00 . 00 00 I R , 00, OD 00 00 B 00 40 �" t 0Q 001 B 00 00 Total Previous 00i Total Increase 310 0/3 00 3 -70(----) Total New ( 00) nol3 Total Decrease ( 57013 00) a Total 00? Total O2//0 Wt RESOURCE FOR SUPPLEMENTAL BUDGET APPROPRIATION PAGE OF I F1J� /t d ACCOUNT CODE BUDGET LEDGER PREVIOUS BUDGET FUND DEPT ACCOUNT IT E DECREASE INCREASE DEBIT CRED 00 00 /9 41001 3342 1 B . /e4 /07 00 00 00 00 I y B 7. 70 00 00 00 00 B 00 00 "r1"0 00 00 B 00 00 o 00 00 B 00 00 - °' ° 00 00 B 00 00 - p 00 00 B 00 00 O 2° 23 00 00_ B 00 00 m 0 o a 00 00 B 00 00 00 00 _ ' B 00 00 o 00 001 B 00 00 cost O a- 00 00 _ B 00 ,00 ore - 4' A `O 00 00 B 00 00 8 .s7 ,00 00 - B QO 00 tp O or.) 00 00 L B 00 00 `° o H in 00 00 B 00 00 I-I g 412 al,o A 00 00 B 00 00 Q b.4 a 00 00 B 00 00 o z d' w 00 00h B 00 00 \• W in N y .o y_ 00 007 B .00 00 a o 4X4 00 00 8 00 00 M• f W_". 00 00' B , 00 00 a a 00 001 B 00 00 W NC v r 00 OO-4 _ B 00 00 o a 'r.-4 00 • 00 B 00 00 00 r44.: B 00. 00, o M 00 00, B 00 00 4-4O1 v M • . .00 00 I B _00 _00. - Total Previous 00 . NS, Total Increase 00 • /176 Total New ( 00) �E7d"'l Total Decrease ( e1.2kGt 00) Total 00 Total /1?7Zg9) 00, • ( 10X_ 42 4-17 )'L i/ JOURNAL ENTRY NUMBER ttrnd Naze I DATE # /3- 1 PL.A NATION _ Fund. lie=o er. - 1 1 PACE I of . Ordinance Number ACCOUNT COD:-: I Br-r-- LS Gam? • P3:-VIOL'S NEW 1 • C _4.( FUND .ra T ACCT.:" f r =:ice_ S3) t]=L:= r) EL G_T D'J1�C=.T J DEBIT CrMT_T foci . . boII /S f11:55‘ ego &M 3t Is�o-00 tad o 0 o 0 od boll JS- 000l 26/0 3 bJsoo loci 00 0 od boll 3 1Co OCI '"o 0 0 od - !col 3 No 1 od o ... Oci • bo I 3 bo ad d,a ai cN od Ica 1 3 . loo od • a9 od bo I B. kC ad U _.� Q 1` Nay NQ Qd:. to WQ 0 ad fh01 • 3 iou ad . : ad 1001 3 ' 1, Q ho a w d ad o01 3 • 1,00 Q4 co n z m �. ad aa1 i too oci M H leo ad -W . r- .c od oQl 3 NE• o. '"a -h od col • 3 ho ad o to t o cccr.to riz. Oa Oo l B 100 Od 4:;:l star. le:.; Iliad ON 3 100 0 N co-$z. o>4 c K. ad col 3 100 04 Iad au 3 Ica ad ov a E od ._- . - 001 - — 3 -- -- 10a ( - - - o: '"^ At-It', ad ea 1. 3 100 c ': w w ::: 0d col ' _. B : bal. Cd od • 001 3 I lea 1 aai ad oat 31 1001 1_# ad boll . 31 1001 la Cd 0011 :31 1Ga 1 Total Total 'rwiocs 00 I .c eace }E l cvo 00 Total - To al Neer ( 00) Dec_ease � /Sts V 00; T°=='- _I_..__ _ OaI i Total - ! „C/(.�- Inn t _ JOURNAL ENTRY NUMBER 14 Fund NazeDATE - 9� , E CPLANATION Fund Number ' PACE PACE 1 of ' Ordinance Number ACCOUNT CODE BUDGET LEDGER • ' _, C PREVIOUS NEW FUND DEPT ACCOUNT ° (INCREASE) (DECREASE) BUDGET BUDGET D DEBIT CREDIT bo if /V .93YEZ, 47. D B ."o° /f7.2f9 fob rnNU O 001 0011y1 3 100 1 :1 i � '" a o ad TJO 11 B ( (Yo t ° o A 1 04 • +10.0111 3 GO lad • off' 0d 100111 B - 100 1. } od oa OC4 10 100 11 B 1C0 - 001 OW 8 2.. od - 10011 B 10° t oc4 Na I od 1°011 - s ►00 } oa` in A' 1 oc bo 11 B 100 t col co Ca fa OCI 1°01 B 100 _ t o - ► od 'COI B I00 ) 0 • �.w Sz N E• o r, od - too I B too t od o c a CU 1001 3 140 Ik OL4( i Gam, 'ca.a. OCt tool t 3 100 • t 04 al oa en.(NI kc OC# tool 3 toot 0d o a o f Od 1005 3 too I t °dCa CC 0>4 114 0 r4'_,. . ...._, Od 100 3 IOO I I Ott o a ad . ..._ . . too; • - - 3 ....---"---- tool - • --- . .. 1 cc a.M t „Jr) .-4.-,. oa . _l00!. 3 - toot • - . I od rf O1 • od . - 1001{ . B - tool • 10d ask etri = 3 3 -01 t4 od • 10°)1loot - cct. 1__.- od Ie01t - 3 . . - - toot - - t -0C od tools 1 B too I 10c od tool 3 tool t od Total y Total ' - Previous 00 Increase -+ 00 Total q�i)ccj Decrease ( ln G 00,7 a 00 Tot: < 1�7Z�91�eo 1- Tl:�c�lf k -hiP/rZ-TTY (I JOUR:Tit ENTRY NI_MBER e- -1Fund Name ( = t ' ! 1 EXP NXTION Fund Nu=Der •_ I PAGE 1 of - 1 l t Ord?aance N,_cer ACCOUNT CODE 3 L =3 i G-T G - PEr- *IGL'S N=:1 FUND DEPT ACCOUNT C (ITT,.- BUDGET BUDGET . rim= - _ C=nr-T i act boll /9 i1// ; 1-77 1B I 7/00,.EG I I Od I _ onI boil /9 1///0 63/0 i 3 I bo I /5Occ I ccd - oo 0d boll '//d e3T UCI 31 0.2 0000 tooI 04 No ad boll Y�io 6366 ! s X02/00 bat led cd boll WO 6.3Y0 I B Ea I 307/00 1 Gd Ia C3 loo II vlIo hgsl I3 bet .2/boo ! od 1a on boil -- wyo t rr1B /3760 !col Iad it' 0 d • Obe Ii y,70 es-f5- 3 e 'o NO I I pa. _ II o- pd boll ///0 /o//D I s 7 O 130 I 104 JJ.IX ad boll (9 000( 13 1001 .2/loOO 10d I Ca' a5 ad ooII 13 1001 I CC1 c o I '~ °ya od ooil I s • 1001 I ed W e I ..d • od Doll I s too I I ad' Ap I o_K ad Doll Imo I f ad 0 I .\� Em+ 00 0011 3 100 I I ad' oa .o..al I Od coil B 1001 led int o r`r w ad coil - - s loo I led �o a l--231 od coil ! 3 loot I Cl La i o od 00,l • 3 - (oc od E ! in e g I.W,m od . . °oil - - t P�4 N, od • D coil 3 • 11001 • I od o x �I+ aI+ pd COII -,.... z ..40, B loot- I C I el el ni ca-g4 od Doll a ICSI 1 ca M M , I- ad colt 3 . . - 1001 -- I 'cd a, � od Doll - B tool I cd: N ad 0011 3 co tool I N Total Total i 1 o o �' 15,2-7-4072s 00 `za�__es - 9030 U ,30 a4 Total Total o`M° `,'' 9Q. ( 00) Decrease I C 1'0° 00: m at 1rzi I I00 ' { Total �lr 1C RESOURCE FOR SUP??EYE\TAL w0:_ AapRopRIATIoN ::j PAGE OF2 ' • - Human Resources Fund ACCOUNT CODE BTJDGET LEDGER POND NAME I • PREVIOUS NEW DE?'T ACC0NT DSE)FUNDI D DEBIT CREDIS (293,865) 001 0 00021 6480 ,3340.4 B .293,865. 00 00 0 001 6,759) 1001121 6480 3340-5 13 00 296,759 00 0 001 296,7. 59 . 100221 6480 §112-R A% 296,759 00 00 00 i (233,867) 001 0 001.21 6510 3340-5 B- 233,867 00 o01 o 010 0 1001 (233,867) +001121 6510 3340-6. 13 00 233,867 - 001 ti U M o 0 001 (271,247) (001121 6510 3340-7 3 00 271,247 001 a ^1 U 0 001 271,247 001121 6510 6110-797 3 1271,247 . 00 o01 c a 233,867 ool 0 00421 6510 6110-4 g 00 233,867 0p1 . co o g 0 001 233,867 100121 6510 6110-697 g 233,867 00 00 oa o w-q -. ( 18,251) 001 0 1001121 661k 3310-5 lB 18,251 00 00 o (151,877) 001 ' 0 001121 6650 3310-5 1B__151,877 00 001 w o s ,p a 151,877 001 0 001121 6650 E6111-5 I B 00 151,877 ool so„ an 0 001 (148,561) 1001121 6650 3310-6 1B 00 148,561 gca Op� w rig 0 loot 148,561 1001121 6650 16110-698 13 - 148,561 00 -1 V v (187,515) 100 - 0 100421 6700 13340-5 B 187,515 001 00 o w o z 187,515 1d0 0 100421 6700 6110 1B po 187,515 00, o a N F 0 100 (131,506) 1001121 6700 3340-6 1g 00 131,506 001 in '"w 0 00 131,506 001121 6700 6110-697 g 131,506 001 001 r-• w C.w 0 00 (171,698) 1001121 6700 3340-7 g 001171,698 001 c ter", w 0 Co 171,698 100421 6700 6110-797 - B 171,698 00 001 N e oy, roc (27,324) 100 0 1Q0421 6800 13340-5 1g 27,324 04+ aQ1 w z ( 9,108) 100 0 100!121 6800 13371-5 - B 9,108 Qd • Oct We? II 36,432 100 0 oo1121 6800 16110-5 13 Lod 36,432 0-7 e t- i-tN 0 wo M 0 1C0 (32,269) 100+21 6800 3340-6 13 1001 32,269 00 w a "r-Iti 0 100. (10,756) 1001;21 6800 3371-6 1B 001 10,756 00 mw 0 10(.4 43,025 (ena21 16800 16110-697 IR 43,025 ad 0.^. (143,275) 11001 0 100'121 16810 3340-5 13 143,275 001 - oo kJ " . 0033 I 13too 0C f 11 Total Previous` 001 Total Increase OC 1 I Total Neu ( CO!} Total Decrease ( 00: fff 1 . Total I00-i ' * Total CC RESOi:3CE FOR SUPPLEMENTAL BLDG= APPROPRIATION I - :- ... ... 1 PAGE ..2 OF 2 Human Resources Fund ACCOUNT CODE BODGET LEDGER E020 NA '_ 1 C PREVIOUS NEW FUND DEFT ACCOU:7 O DECREASE INCREASE BUDGET BUDGET I .m DEBIT CREDIT 0- 001 (157,008) Doll 21 6810 8340-6 133 . 00 157 008 00 0 001 157,008 0000 21 6810 6358-6 B 157.008 00 00 (157,348) 001 0 ' 001 21 6850 3340-5 B. 157,348 00 001 OO rn O - 157,348 ' 001 0 1001 21 6850 6110 B- 00 157,348 . 001 0 tool (215,479) ootf 2T 6850 3340-6 IB 00 215,479 •� 001 a0 nrO "U r4 c..) 0 001 215,479 0011 21 6850 6222-6 B 215,479 00 00 A A ( 31,912). 001 0 00H 21 6860 3340-5 B 31,912_ 00 001'. 31,912 001 0 100021 6860 6110-5 B 00 31,912 001 oa0a r wt4 *-w 0 001 ( 34,613) 100021 6860 3340-6 Br 00 34,613 00 0 . 0 - 0 00t 34,613 1001121 6860 6358-6 1B 34,613 00 _ 00 o a a 0 001 ( 3,000) 1001i 21 6870 3340-6 13 00 3,000 001 � O 4 a w '2 �a 0 oat 3,000 00{1 21 6870 6320-6 1B 3,000 • oo oct w'W ti W (100,000) 001 0 1001121 6900 3329-5 1B 100,000 00 0 .cn a �o a . 100,000 1001 0 10011 21 6900 16110-5 B 001 100,000 - 00t oU wU h z 0 z 0 001 ' (100,000) . 1001121 6900 13418-6 J3 00 100,000 001 O H c7 H fel H N Ems. 0 1001 100,000 10011 21 6900 6940-6 13 100,000 00k • oat OM .-am w w (196,000) 1001 0 1001121 6910 3340-5 13 196,000 00 - 00t u.. D c t o0 001121 6910 13700-6 .3 001196,000 OOt in W a, W 0 1 (196,000) t•-• at in 1.7.• in w z 196,000 001 0 1001121 6910 6112-5AW B 001196,000 001 c c e 0 Cot 196,000 100021 6910 6112-6AW B 196,000 001. 001 i 1 tool tool 100 �f coot Into 1 ,Doll i-k-5-37l ool , W� o ao: �'� m (001 oo'! Is B o ea: .-1 v-, 1 II Ij w w m w oat 00:t IB _ 1 001 00 VI .1 1001 100 1 13 _ 001 00 • 1001 lerl # 1 I R Col on loot Ions L D 001 - 003 13 00 OC' Total Previous! (455,391) 001 Total Increase —'— ,-4 ffiC 00 I 3}097,714Total New ( 0 00} Total Decrease C O0. {1 3,553,105 • Total 001' Total - rs� C (455,391) !I (-4-L,391j RESOURCE FOR SUP??E`[E TAI. 3tD:c_ APPROPRIATION 21-6600 PAGE 1 OF 1 - Head Start ACCOUNT CODE I BUDGET LEDGER FUND ?__E I • .PRE*IT_QI;S NEW T13C2EASE BUDGET BUDGE! M..0 •-0?'T ACCO,...-. O • DECREASE _ II{� B DEBIT CREDIT • (442,023) ' 001 0' . 1001!21 6600 •33L0-5 IB 442,023 00 00 442,023 col 0 001121 6600 6110 13 00 442,023 100 (471,578) 001 (494,078) 001 21 6600 3310-6 lifa 00 22,500 00 N v - ool - 22,500 • 1001 21 6600 6110-6. IS- 22,500 0c . - 0o{ 0 in O 1001 0011 13 oa 00 .-iU o0 0 0.". 001 0011 13 o0 001 o p'�.1 o cot Doll }B i - - 00, cots d� .tiU OM 0 001 . 0011 B 00 001 lit col tool B oo - . v •o x oat loop • - 10 0 }B ea 00 ,n CC 2 o01 Ooll I:- cot 001 . :011- . hall. B00 pG `d a loot kJ • - I 3 H cc I ool - • Ito11 I. B 00 00 �w t^a- in 1001 loon 13 00 cot a t--z PI o c w tool- - 10011 1B . • • 00 00! • ,°n't4�, o uEi . 001 - - - . :. .0011 . B - . • Od.- . col oz �a o01 . ball :• . • B. . • -oo1 . `,oat' 0 r-w 001 •1004 . B 00 - DoiI N M._ . ai N }1001 toad 1 • I ao oo, 0 0+ o {001 001 1 3 001. 1.001 M _i ` loop tool : _. I I : - • od Oa`- �, w �: tool 100:, 13 . 10d , Co �� loot 1oog 13 oat00 aLw Io^1 Ira { 1 IR 04 1 O_ 1001 1 11 00:!! I (3 [004 • OC 04)1 - - 003 I 13 p0` 0C- Total Previous( ' 001 Total Increase OC i, {471,578) 1 464,523 Total New ((471,578 00)' Total Decrease ( 464,523 pa; Total 0 10011 Total 0 cc RESOu3CE FOR SUPPLEMENTAL B D E_ APPROPRIATION 21-6620 FPAGE .1 OF 1 - I Head Start T&TA ACCOUNT CODE BUDGET LEDGER FUND 1t_t. ( 0 r PREVIOUS - NEW - �r'LRD DE?'T ACCOUNT 0" DECREASE INCREASE . BUDGET BUDGE DEBIT CREDIT r. • ' (10,015) 001 (15,015) . 0011 21 16620 33T0-6 B 00 5,000 0 10,015 001 15,015 0011 21 6620 6345-6 13 5.000 00 00 FOat tool, 1 B-� 00 00� MuN � 01 1001 - - B. • oa 001 o , o _ tool • ool- t - .. . . • Is . : - 00 . - oaf '°v °v 'aol oat! I 3 _00 001 o ao a ~' 001 0011 1 . B 1 ' - . 00 aol • • - cot . 0011 I 3 ao oat voi C4 *Q w . cot 10x11 . 1 B ,o0 00I. 0 0 - a01 (clog I B. ,Co . ,o a4 a , f ool 0041 ( B 00 001 oat - oll 1 } P 001 001 1001 . 1001 1 - B- 00' • 001 . ,•'-I 1° `4 I ool 1 ool1 H - t• 3 ' - - 00• - 001: CO 0Z o z ' 1001 ' .- 100{1�1 I • 3 oot 001 NE NE • loot - 100@ 1 3 , 00 001 c xW 1 1001 1"00 - 3 • - 00 _ • ' 001 In W o,W - 001. t colt' • 1 - . - B . - . 001. 01 001 nw In rill • . o na 1001 " - Jodi 1 B . 04Cot O O 001 •100 I B 00 . _ 001 ti 1001 10011 I 1 B oa ao 1001 - cQli . I 1 . s. 0d oa, • a tool 00 t t 3 . 00: r▪ te. " '" 1001 . 1001 1 3 l0d CO.... : mPi, mw 1001 100" 1 3 001 OL' 1ct)i Ienl I 1 R 0d 0f' L 1001 1001 1 3 0 - co Dot - • 1001 1 3 oo _ 0c" Total Previous' OOj Total Increase ac i ' 0 1 5,000 € r Total NagL ( o0:�1 Total Decrease t 5,000 0..• o Total 0 001 Total 0 Cc RESOURCE FOR SUPPLEMENTAL SUDO = ;2?!OPRIATIOU 21-6640 PAGE 1 or 1 - . Migrant Head Start ,tCcoun CODE =CET LEDGER N.:N.:- .:.FUN S - C PREVIOUS CE`d 0 . - DECREASE . . 7fiCr2F1,SE FUND ]i. 'T <1CC0;::.. BUDGET BUDGET 1 r DEBIT CREDIT • -0 001 (296,408.) 1000 21 II 6640 3340-6 I3 01296,408 00 0 . 00 296,408 00421 16640 6110 13 296,408 oo C0 . 00 1000 1 B- -00 00 oo �o 10° IooflB. co ooi en 0 Pa() - I oo . 10011 - i I - - 13 00 . - not O 0 O O 100 • l00111 I I3- 001 001 " 0 "V 00 looll 1 IB 1 • o g N 00 100H 1 1B 00 - -ool' 8a 0 cc g Co tooI' . IB 00 R a 00 10011 I - I B 00 8 w 00 0011 • I 1B I DOI `° a 1•0a� 00 0011 " 1 I s • 00 ,001 o ul to to ' cot lad! I - 1 13 Oat "ear � +a - _ " tool • - . loot I - I , - 13 , 00 - 001 a a � to cot) �V 1001 - - 10011 I I IS • 001 - ' 00" O H oz 1001 IOQN I I3 00 . 001 OH N1 F� �W -•-.W .r E N E" 1001 1004 I - I I B 00 - ocl. 0m tiN r - oat 001 I - I . • . -Is • . ° : • ODI n +• ten kWi o01 - IOoll - I OQ1 i m 0 zz z 1001 10011 I Is 00 . - 001 C4 e•I PCoZ 02 R 0 �„ fool IOOti I I _. IB 0a{ 004 cr ki P4 001 - . boll I I • - - 3 - . 001 O0 ta o too! oQ�I i I Is • oa G "o, Iool IGOl 1 I 13 1 oat , 06 pq 1144 Mal 100! 100!1 1 I 13 - I oat OC \—. . . i n,i I N 1 I 1 R oil oo- 1 o01 1 Qo i I 13 , - o4I oQ 1� g 001 Q¢B 13 00 OC- Total Previocii p 00I • Total Increase 296,408, OC Total New { ( 0 001k Total Decrease • (296,408 00- Total 0 0011 Total 0 I CC • RESOURCE FOR SUPPLEMENTAL BUDGE: ???ROPRIATIOii 21-6660 . Par 1 OF 1 Migrant ead tart Haadican ACCOUNT CODE BtSDCcT LEDGER ?Br/IOUS NEW FUnB BL`T ACCOUNT 2EgS• 0 DECREASE It s BUDGET BUDGE`, li P_ DEBIT ` COEDIT 0 00! (12,490) 0011 21 166.60 334'0-6 B 00 12,490 00 0 001 12,490 00921 6660 6110-6 13 _ 12,440 00 00 oat 001 13- . . 00 . 00� r I Go U o" cot fool B. - ; oat 01 •• CO 1001 0011- I IB oa - . 001 CO v re col 10011 1 3 CO Dot � '' ,. oat ooll 00 Gol ol Tool! I JRI oo" oat vim W tam 41 oat loot, " 1 Is 00 - 00 o 0 ocl tool' I 13 _ as o0 N '�4.1 a 001 oo,l . 1 I B OD- col o 4- 4a es QS ill 001 100!1 I 13 _00 001 �o r+ c4 . 1001 tool' - - 13 . ' � .ti p4 � - cc, m li v `cite - loot - ball= 1 1 13� . 00 , 001 t- z o 1001 loo I 1 13 . . 00 ofill m Et , a . 1001 10011 I 13 co . eel % w .- loo, 00 1 1a 0a� loaf tze In P m w 001 : I MN 1. - . 1 • 13 od ., ,aal ✓W inW r-w m 001 0011 1 ' . - 1B 001 col co o tool 10011 I B oa not �'� loot boll , 1 IB oo loo; lQ N loo, - - oo# 1 1 - s 001 ool ri co a l 001 001 1 1 I3 - od. o,, � 1-6 ., PI�, tool too 1 13 l Od a.� ill k' I COI 100.'k+ I 1 13 001{ 100 ICnl Onl 1 1 11% - rod 0^_ u 1o„1 I00 1 k 001 - 00 1_on! 00i 13 00 0C' Total Previocsz _ 001 Total Increase OC t 0, II _ 12,14a0 Total Neu C 0 boilTotal Decrease ( 12,490 Total 1 0 (cog Total 0 CC RESOURCE FOR SUP?LEME:;TAL 3':0 _ ,-2fROPRIATI03 21-6490 1 . $ PAGE .? of 1 JTPA Basicuzrac ACCOUNT CODE BUDGET LEDGER u rent L5 • NEW D D' 'T \CCO :•T Cr DECREASE. - IKCB fop BUDGET. BUDGET £ Dan CREDIT (600,957) 101 0 . 10011 21 6490 3340-4 13 _600,957 100( • fop 600,957 1001 0 0011 21 6490 6110-4 13 00r 600,957 00 0 1001 659,061 10011 21 6490 6110-6 E;.,S59_,061 00 00 0' 001 (659,061) 10011 21 6490! 3340-6 . B- • ..,00 659,061 001 lad . • • IOatt - 13 od t m u a v tool I call 3 t 00 . 001 O T a , \ . act I0011 3 1 _00 cot , -.0 oat l(Mil 3 • . - - oo 001 C.:$ •al • 001 • 1004 . . . • • • - I B • oo - D0 010 o 001 10011 - • 13 'OO 001 mow w 001 Doll Is 00 001 0 o foot - odlt I$ . ® - fool w g col hot _ 4 6 oo . OG «u, « 1001 10011 1 - I. . 13 00 Odl In rig „ 'g .- colt- - b Doll II - I l B 00 00] r.a m>a • 4Idol 10011 l 13 00 ' oo1 ;:::z o z • . loot. coil I B 00 . • 001 off flH -[ .-4;i44 (V44 I . . . .001 . 0a11 • 1 B 001 - 001 o� � a loot - tool " - s , tool N a w - .m a% r - C01 loo - B • 00;. „'� cv in w tool lady I 13 00: N c oat :tool. .-. . 1 . - ' s ' ' 001 ' - • ' aa= • 1001 .. • _ 1004 • - • I S . and ea' ° ` a col toot 13 Iad cf.; rim o ,r h � in e 1001 1001 1 1 t 3 I 001 GO "of .-iin Y t Co I O�,1 t 1 l R t ool or ai w m '4 1031 10438g H 13 as OC" Total Pravioesi • 0 0011 Total Increase OC I 1,260,018 Total Nev ( 0 00.1 Total Decrease c,260,018 CC" 11 1 Total 1 0 jo4 Total 0 CZ - RESOURCE FOR SU??LE ENTAL 3:-DG r2?ROPRIATIOi4 21-6390 - PAGE 1 OF 1 JTPA Older Workers ACCOUNT CODE BUDGET LEDGER FUND ar . G PREVIOUS NaTJ ' FUND • r G - DECREASE • INC.iEASE BUDGET BL�Gta ' � DEBIT CREDr !0 • 001 (42,000). 10011. 21 1 6390 _ 3340-6 B . •00 42,000 00 o 001 (25.738) - 10011 21 639.0 3140-6 13 00 '75.738 00 0 001 • 42,000 001 21 16390 6111-6 B „ 421000_ 00- Co 0 ool 25,738 10011 21' 16390 6111-6 - 8- 24.738 00 _ OOt or No '1001 -IooIII - 13 Oa - COI cr Cr 0 0 001 9011 I _I 3 00 001 NU • . N U Dal 0011 B • - 00 Oao 2 o e col t anti I 1:1- 1ôo - `col_ cc ,00l - loot 1 B', 00 - 00 O la w in.4.1 - 'Oat 10att 18 oo 0 0 col - oat1 I 131 . Oa Dal a re a Cot Dolt I I is - ,co_ ool as In `" 001 - 1001) J : i. is- 00 00 el w - ' 1001 - 10011- 1 - .. -.1 . . 3 . . 00 - 001 r-.-1 cot) 001 - 0011 E - • 001 00 r.,'&..c.'.H. .1001 10011 1 - 13 00 . Col: . OH — PSe, r Taal ##Gae I ao, • actt a14 w 001 10011 1 --I -1B 100. 001 4)w �w • • : 001. - • 1001 - .1, . • - 3$ _ - f o0 - - - 001 : t--1.4 N . -, - i'4 W toot moll I ]3_ ooX001 N< o Q 1001 .- 10011 I I - 18 01. . 00: 1on1 - ` too§ - 1-- . - IS- • .04 - Ica: o ,., a w i o - 1001' 1 on11. . l T. {{ - . - 13 - od 001. •m �M 1001 100`1 1 L 13 1 00 cc alw 1-4 Or rity 1Got leg 1 1 13 od GO o2 CL. . 10^I len ail3( 1 1R I .d) on 1C?t IOa^ 1 13 00! 00 001 - • WI 1 13 00 OC' Total .Previocsi • 0 0011 Total Increase 67 738 OC t , t� T Total rev ( 0 00:1} Total Decrease (67,738 °C-1: Total 0 E 0011il Total 0 OC itt 1111 ., . RES0v3CE Foa SUPPLEMENTAL BUDGET APPROPRIATION PAGE 1 OF 1 21-6670 Head Start/ High Scope ACCOUNT CODE BUDGEt LEDGER FUND NAME C i PrJ?0_S NEU lis 0 DECREASE INCREASE BUDGET BUDGE U'�D DIL.P'T ACCO-. E DEBITt CREDIT _0_ • 001 (15,000) {001121 6670 3340 6 B _ 00 15,000 00 -0 001 1,680 001121 6670 6358 6DW B 1,680 00 00 -0- 001 3,875 001 21 6670 6358 6EE B. 3,875 00 00 r -0- - '001 6,200 1001121 6670 6358 6ER B . 6,200 00 00{ o V N 0 -0- 1001 3,245 1001121 6670 _ 6210 6995 3,245 • , 00 001 es o — - toot 0011 _ 3 00 ool N U ri 0 fu° 00 0011 B 1 00 00' o ' oil J oat (Doll ,B 00 001 6c4 c S Dal tool B 00 00 •aoa Q -_ • 001 10011 B . . 00: 00 U 0 001 poll B 00 001 W � o to 001 001 B _00 001 �" •• ,a col 0011 B 00 ac ""pi ~ a - 1001 . - tool! - l B . 00 , 001 PI coo col-1 1001 - • t 0011 1 B o OO o ff o z 100 10o1l B . 00� �w MH Q a HF , _1001 looll 3 • o ocl ' cta • acc ~ w #oo{ 0011 - B t 0 001 ▪ °� ►cot boll B o0 001 0w fn o 0) inw co csi CO. 110011 * B 00 . 001 P o 1001 10011 ( B 00 00t ' CI ' 1001 . ! B 1 1 a0 a 1001 coil 1 as •-11.4 ~O" l od 01 a v 1C01 100r 13 CO 'i" tool 1ooi l 3 1 09 00 co w m w l c^1 Icy:r { 1 13 1! � Q- 1 1001 1001; 1 3 41 - 02 1_001 • ooh 1 B 00 °C Total Previous 00 j a$ Total Increase cc f -0- 11{� ,w15,000 Total New -0_ 00..VC -14 le' Total Decrease (15,000 v ti Total -0- 00j1 Total 0- CC " SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS lico i/t y Af710 JOURNAL ENTRY NUMBER Ir2 Fund NameName DATE a-V. EXPLANATION Fund Number PAGE 1 of Ordinance Number ACCOUNT CODE BUDGET LEDGER PREVIOUS NEW FUND DEPT ACCOUNT 0 (INCREASE) (DECREASE) BUDGET BUDGET E DEBIT CREDIT 0 0 gp 902 ogQc B '/T 4J 0 0 co N0 o 0 au ?6<ici k3f7-Y7fC B to bad 0 o Ci 0• O 0 0 3:1 cob( .Yat) B. 0 7 5-5/00 0 N• v nV 0 B 0 0 ,0o a a o o B o 0 gra o o 0 0 B 0 O rc,• t4 vi W p p0 0 B 0 0 O 0 0 B ' 0 0 v G 0 0 B 0 0 • pq a ti to 0 0 B 0 0 ta a 0 0 B 00 0 r-4 Bo cot) m y O 0 B O 0 c• m enH 0 0 B 00 au) 0 00 B 0 0 a . 0 00 B 00 0 i 00 aril °' 41 0 00 B 00 0 ft)rsn in;Li Ny 2i o2 0 00 B 00 0 N G N ': CI 0 0 00 B 00 0 . 00 8 00 00 B 00 ri.co N O 4:3rat �M o 00 B 00 r,r., '-4 r. 0 00 B 00 tO Ow 03 rai 0 00 B 00 Ln....................ma:ammmi-____ 00 B 00 00 B 00 Total 00 Increase 1 y6L 0 Total Ir/ UV 00) Decrease ( 700 Total 00 • ' SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS ��i C4-,70,4 l`f L JOURNAL ENTRY NUMBER /,:g4,Fund Name DATE CO EXPLANATION Fund Number PAGE 1 0£ Ordinance Number ACCOUNT CODE BUDGET LEDGER ' PREVIOUS NEW 0 (INCREASE) (DECREASE) FUND DEPT ACCOUNT BUDGET BUDGET E DEBIT CREDIT 0. .o 6o coot Sb,Th B .0 /233 0. 0. .o , so DDo/ /D B .0 /oar ,. 0. °0 50 9ob7) 66e0 B _285-2 .0 0. mt.) ov 0. .0 B ,0 0° of 0 m 0 0. .0 B t0 .•e Nv Nv a• A 0. .0 B .0 Os opt o 0. .0 B .0 0� a3 a o x a s 0'' .0 B .0 0. O-14 in.W P❑G 2 0 .0 B .0 W• V 0. .0 B °0 .. `m u, 0• .0 B .0 •• .n co in 0• .0 B 0 Ot ri P ~ a Wi 0f .0, B .0 0t cot mU Q° 001 • B 0 Of c.`x oz 0. .0j B 00 0' HE-6 N E 0. 00 B 00 .. a ca aj ~ a 0• 001 B 00 � .. ttt -s� rnw 0. -00 B 00 0► M CR W e x of 00 B 00 O e f w N 0t 00 B 00 •. ' . O• a N 0� 00 B 00 •• U 21 a 0► 00 B 00 Lc, a 0. 00 B 00 'to .t r'' 4 HON �� .t 00 B 00 .° on k4 Liaw 0. 00 B 00 .. 0. 00 B 00 ft Total Total Previous 00 Increase e9 Total Total New ( 00) Decrease ( ag5 a 0 Total 00 Total 00 ' ' SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS Cad 5 ' JOURNAL ENTRY NUMBER lac FundName DATE 5 / EXPLANATION Fund Number PACE 1 of Ordinance Number ACCOUNT CODE BUDGET LEDGER f 'PREVIOUS NEW FUND DEP'T ACCOUNT 0 (INCREASE) (DECREASE) BUDGET BUDGET E I. J DEBIT CREDIT + 00 Do "r‘fir 36/0 B 1)0 fl fl t '0O 00 00 571 CSoo( 3630 B , 00 /x0, 000 00 00 00 5( 0250 6gola B ./??? ae' o0 00 0 o 0C100 B 00 00 o T OC . 00 B 00 00 N o a'o oq )00 B 00 00 ' ow � Ct c] od 00 B 00 00 0 3 00 00 B 00 00 0 O3 0 % • 00 00 B 00 00 a 140 a 2a 00 00 B 00 00 poi 8 00 00 , B 00 00 w a4 ,p a 00 40 B 00 OQ US in No .. m 00 00 B 00 00 M °m '" a 00 00 B 00 00 W • v w 00 00 B 00 0C o z o x 00 00 B 00 OCR ti E+ ..4% H 0C 00 B 00 OC O .-Nil a rat .1>' ‘A OC 00 B 00 OC w Ali gel OC I00' B 00 OC N w OC 00 B 00 CO O aoz 0 ON OC, 001 B 00 OC V OC 00 B 00 OC OC 00 B 00 OC � co O o oc 00� B 00 00. .-4 ON v c ' N ri ' OC 00 B 00 OC. WI Cis cq w OC 00 B 00 OC Total - Total Q I} Previous 00 Increase 11 t 9 t?"O0. Total Total New (` 00) Decrease (fitfY(..? 00) Total 00 Total 00 . - SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS C 4rlrL yf A/2c_t JOURNAL ENTRY NUMBER Fund Name DATE S3 EXPLANATION Fund Number PAGE 1 of Ordinance Number ACCOUNT CODE BUDGET LEDGER r PREVIOUS NEW FUND DEPT ACCOUNT 0 (INCREASE) (DECREASE) BUDGET BUDGET E DEBIT CREDIT 00 20 _ V-3 ?o 695'0 B ,5-7‘.5Z 5< 00 oc 00 po ,s3 002)1 3acfa // , B, 00 , Is 0 00 00 00 30 53 COD/ 4,177S<0 ?•— B 00 / 7g 00 00 po s3 , owe c963a B 00 2)7v Sa 00 0o rno . oc po B 00 , oq el 0 o o" oq po _ B 00 00 'no la N t.) N od 00 B 00 00 pA 0 Ode 00 B 00 00 o o3 c 00 00 B 00 00 -- 8 Z 8 gc , 00 00 B 00 00 92) tt 00 00 B 00 OC o c) oq 00 B 00 00 ca CC e 14 � o,n, 00 00 B 00 00 � 00 00 • , B 00 00 � w 00 00 B 00 DC to 0 00 00 B o0 00 o H In 00 00 B 00 00 ri o E " 00 00 B 00 0C a x 00 00 A B 00. ccw ^00 00 B 00 00' in y Oc 00 B 00 , 00 02 C•1 4 c K OC 00 B 00 00 o 0 w OC 00 B 00 00 ac OC 00 B 00 00 . mod.co v v , 00 00 8 00 oq. ,-r a ,,rs ti ti -4 a OC 00_ B t00 00 then Wty Total Total .y�' Previous 00* Increase �/ s 0 r 00 Total Total' New ( 00) Decrease (�� 00) Total 00 Total 00 4 -_• - /OS II Jorm:. T ENTRY N7 13_R _ L -1 Fund _e /� 6 s- I =l?LA ZA.ION :lad Nc_Ser I _ I ?AG? 1 of Ordinance Nt.:.._er ACCOUNT CODE BLVrl:.,. LG R J , L• ' PREVIOUS NEW _U'ND D E?'T ACCOLl L (I`=--AS=) (D w`i:) EL^GE BUDGET // t D_3T_T C IT ! od+ I;0I /Or;oOD'f ; 027!-5 13 / Uily_.bo I 10:1 OCt Lot /0CI Jig I 45-9--C It 3 /o? 9, 0n b0I lOd ad Pat 6 r I OW I 3q1?"—D4 ( 3 _ Ed I x(000 o too OO od bat 99a)-TR-'S! 3 — be ..24& o led rn o Mv- 0 ov — , ad bol 3s 18- REcbt E b0zo0o ed No o v)O be .a0000 l od O oa od bat S/tRhl 3 1^0 /3000 1 °CI a [ t c o a 0d bH l OTCINli 3 N0 .20600 t! O1 A- od ,oat - co /000 1 acf ..o O. od foal `` V /IS5R_ 3 too . - q - j cc a , c a4 od loo tt 3 - leo # 0� u' .. ..0_ Od tool .. 3 IOC - l pc r-t 44 ad loo 1 3 1 100 1 cd a1coo u . ad loot s f od c H 00 1001 B Inp pd N E � od coo! B 100 ! oci tin od loci - 3 too t ed OD al 1 ch k, n w od loo: 3 p0 l e mkt CI o- ad loci - 3 - ICO - led op Z cc:;. o N _.. - - od -- . 1001 • - — 3 -.-----• {oo - - 1 od v>' la. '.05 ad loot. 3 too - . l a a od . . 10011 .. 3 too l Od od l00tl 3 too I01. I-4 el aik, od !poll B too lod m w r- - 00 loot! = B 100 1 oti ad 10011 3 - 1po t 4 : Total Total .. .--- Previous 00 inc__asa /39`93- DO Tay Total ( 13 Nay f( _ 00) Decrease /9.3 00, I 70;r1 100 1 to: .,� t Pek_j& s ► SO t AL ENTRY ..i. ::::_ -i Fund 'a..e �/f DA.3 l ((// 1 -PLANATION I Euttc Nuzaer _ i 1 ?3G- 1 0_' j- 1 Ordinance Nu=ber�i ACCOUNT CODE 3 DET LEDGER - I PREVIOUS _iJ ! FUND DEP'T ACCOUNT 0 (INcfls .E) I (DE:T SS=) BUDGET BUDGET 1 + � 31 ! a1 - G`_MTT L t cal boll 6�/I (NV; 63 th 3 02,2000_bo I 1 031 l ad • 609 1192 63ys—i0et 3 a'I0000 10 I 1 col I od 60 11 3576 3 /y000 1001 1 04 1 ad • boll 1142! _.‘,346 3 10 l loco led c,O I Oct boll B ba ! loo{ o0 \0 Oct boll 3 6. load 1 od 61 r,o NU Oa boll - B E0 I Od NO lAla c • b bat I O a oa >Ga � o 001 1{0011i - B 1,001 I c oaw od boll 3 fool 10 ' ' V)04 0 OPa) v Od ad • aoll B 101 1 e %� B r 101 1OM C g.`2 0. • ad cell - B lop 1 l od. .. 'a�y `" X I od coil 3 1001 lad' 4 t I , ad . 0011 B ln01 fed coo ., U r-tmH Od coil B . IOaI a �w N H ad coil - s loo l lad"F+ riy 0a a ad coil - 3 i0o1 101 tn v;2 cn pa od coil 3 IOC 1 l ad, • . i 4 �"' oNoz ad .. .-_ . 0011 - — 3 ---- -- ICOI - - •---- .- 10:1 W N o l od coil 3 1x0 1 - J cd 0 a+ c, a odt coil :. s i : 601- - I od a14 Oa 0011 - 31 Icol l Cdr 0 ii-4 ri me ao ri m od coil 31 !DO I I OCI et ' Od 0011 BI 100I 1Od : 10 Su m k, 08 0011 3 1 tool l Od Total Total - Prn_ ots 00 Incrsase .-GOOD F00 ' Total Total Near> ( 00) De__a2se 1( 600 CO. T�«I oa I rr.3VV[�VL LVl\ JV1 a.L]111-t .&au uuvvaaa a F.a. iva. - ✓ t P6 ` l a s I` PAGE OF (F �1/ 1 i FUND NAIL ACCOUNT CODE BEET LEDGER r C PREVIOUS NEW 0 DECREASE INCREASE BUDGET BUDGET FUND DEP'T G ACCOUNT u E (pJ DEBIT CREDIT 00 00 _ 7/ 2.! 3 l/ k B . !oo 37)000 loo, 00 00 B 00 I00 C.- 00 _ 00 8 00 + 00 00 00 B 00 00 00 00 B 00 00 00 00 B 00 00 �u N 00 00 _ B 00 00 0 0 00 00 _ B 00 00 . N U o3 0 N U 00 00 B 00 00 « 0 c a • 0 00 00 B 00 00 Al l o 3 0 3 00 00 B 00 00 •44-w v.).‘,1 �W 00 00 B 00 00 p00 00 B 00 00 Ct 00 00 B 00 00 �c oG o .4.0 �In w 00 00 B 00 00 ts.... aG '"a 00 00 B 00 100 - allo Po w° 00 CO B 00 00 .....4 -, 0 2 00 00 B • 00 00 ' o ZH \W 00 00 B 00 00 o co a —42 00 00, B 00 00 to 0 0 00 00. B 00 00 ci,43 r- � Nk' 00 00 B 00 loo oNQ 00 00 B 00 100 N0 0 >1 00 00 B 00 100 iai 00 00 4 B 00 00 city 00 00. B .00 100 .4 co wino • 01 N 00 00 B 00 I00 • MA4mw • .00 00 B 00 t}100 Total Previous 00 c-60p-0 Total Increase oco o 100 J Total New ( 00) C‘flVO Total Decrease ( i(00; 11! 1 Total 00 Total .S XO ,001 • SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS ��(/,�// .5OGI/4G SE V/C� JOURNAL ENTRY NUMBER Fund Name ' DATE /2— 22 — 2i2 /2-f/ /3 EXPLANATION 14RG -5vePt.enaa/n-,4L En1T,Q?t Fund Number PAGE 1 of / -777; 45:-/z. Ordinance Number ACCOUNT CODE BUDGET LEDGER PREVIOUS NEW P FUND DET ACCOUNT 10 (INCREASE) ' (DECREASE) BUDGET BUDGET ) E DEBIT CREDIT nr 7 /2-/Q 000 O. LOT 2-14. 0.;13 00 ZZ }ur0 4 170, B I0 fcl 030 04 ji7-_r 7r7- O 0* 749 al 2-4O ii+l•tI r0 B 42 2_4Z-_ 4O 0o 0) �A- 00 n0l 20 .. ) E� 1`{`�KI P7 Id a i . ,. 11 A c.(70O 01 7 04 t SO r . q-43 4,710 QF(Z, 10 cruet 0° AFDC- <•t.Big °or 0. '-1,5�G 505 '0 I z33 4.7 rc/2Ct 50 z2a uq5 0$ !. wbo, �C 0o `F85 6,4f 40 4 u3 47 ;0 /::. ZS 5Lc r •0 00 FG ! 377Qo0 Of i y4 7- (.64i 00 35 /x7 fa Re4 24.5 to 6 8 so 0s 'n m r+. . 1nnry) Or �ye.cot, 00 " #3 C- 7rP QF 50 '-t2aoo I• mA I-'77kci"nr."0 00 -,7A 000 101 I 4143, 6770 Ca 8,000 I0 0i for PP 0 0' ( t ? , no4 '01 f o -7tnfc•4< 10 rzz004 Is Pis pzi m Y O 0' 2e, 7(50 40 , !t1( 67to Pc:t 72.:'760 '0 Orr KO tc-Ag -..- 7g .. 0f 1 0 q 70`.+0 g.tL la7;o 6v 85 I,q i isi '0 0s Z ffPN, - 7 3c7r07 00 7 r�7 10,3 101 `: .=;.41b 33.74 AP?4 720 0a,9 00 0s ca J Z2:7q,7),00 0* 2212QC- Al.,-.'7 00! 1 < ;r zzar A Iv- 00 !0, 2 7 O. aw ' in P9' ( aoC Oil (,Ls i 001, 1 N<r32_ z=,.rc, f}$ 759 00 0s me c�c- 7 9411 4wo OU 2, L- l £rz 001 ' u (, 3 1 l X33 zu. Fn �o� ;s 00 Oi HQ ft"- C 2,4 000 0' 3722S� 00r 4 ao1`' �r)I-Y, F.,n.r 00 ti. 2si--r 0t 2v • c- g77' 7 0 Os) I :o574 3-k O0,S d yf"/35 PzuG, (r.Q 00 -mac, 93 41 re t4-r i pc- 3G, 000 04;( 767 :ic<1001 1' 493 z'L.i!, DC ✓S. ;7G 00 0$ r Pr-1" Et; 000 On (7-7 7?D 0f a 33-1& 4,r 7 y te._ 00 I' al - / I 0 AP a 0. ) 22_ ,0_641 00 1 11<14'O -2,? -)-/,_, CAP- J72, 009 00 i" w 01 A z G 0 0', Zr 2t,7 001' I 4/<t<Y/ 2fu(� PA 00 " 0 q Z21_� 1 7 h2 -tP 1 q- 000 01,11 O4=r 7,^400, 1 4W/e7 * 4(0 00 1 l ohf •" t o 0. �} .=,0i7 001 000r 7 a pr 00 57 :o r 11 E o en-- 01 001 oo 05 nN Total Total olio, Previous ! ,73(e,5`�600 Increase J? 9O.276 .' OOa Total Total New ( I,/3&,5$8 00) Decrease ( i rya, 27f, IO -----•` Total 00 Total 0 00 b 1140 EEC 02082590 12/30/86 15:56 $0.00 29/029 F 1353 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 1 -. - SUPPLEMENTAL BUDGET APPROPRIATION DISBURSEMENTS Sac,4;_ £zcv!CZ JOURNAL ENTRY NUMBER Fund Name DATE /2- 23._S& /2-- / _ EXPLANATION 'T �y Fund Number PAGE l of / Ordinance Number ACCOUNT CODE BUDGET LEDGER PREVIOUS NEW FU ND DEFT ACCOUNT 0 (INCREASE) (DECREASE) BUDGET BUDGET E DEBIT CREDIT I z. ncf 01 ' 1 '7.z-, cfo t 10 / 44440 r-r t 2 4 B - 1 i00 10 /1 %-77 nn4 01 t `7a7 'Q I /Oil /7 • - 7-,,a-/- (A B /0 7 01 o O , 1 - i • oU 28,78o 0/ go /7 y 7?,0 10 gI 47/c pa B �77OOG 10 0/ v / 44:3•2 ,;(,P,' 01 t 3r•=, 6,6 S 10 !7 35 7th 09 .<:: B 1Q 277 000 0/ ca <i.25soov� 01 - )0 1 ,sS0 ' B aSTODD 10 01 w o c fl 01 - S------ ,o tI 3 ,. �� . )/t� - B '/o /a2. e 0 oa fk 1� ?oac)7 01 4� 101 3 33 B 6AOflDa 10 01 .rkw4 4 Pt)9oD Q1, 10) l3 �S G7/0 B /0 68ocoa .1 O o110 B +0 11 U koa 01 10 B 10 Lt O `e 0/ /0 B 10 01 e l 01 10 B 10 0 t-a 01 101 B 00 0 02U NZ 01 l0 l B 00 0/ W• E 01 10) B 00 ca 01 a W 01 00) B 00 O 01 41O ,r P4 01 00 - 8 00 Z.--; It en Ly 01 00, B 00 0a c?2 `Cr 01 00 B 00 0• N O 01 00 B 00 /t ci i 0 001 B , 00 11 .a o 01 00 I B. 00 11 rirn Q1 00' B 00 11 .-•-• as k. 01 00 B 00 tl 01 00 B 00 11 01 00 - / B 00 11 Total Total 3i77a7� Previous I G Zj au.• OG Increase 2 1 32 pa710 Total - 5 (7,7)-7‘ Total New (1,(0'27 4/4$ 00) Decrease ( 7 r 37 Go° 10 Total 00 Total 00 ba - C'J'r n d ,:ii ((p� c` re? w O K 111 t , fG W 711 cn H- ^' . OE ;.. za 6 r ,: (,.... / pert• r2, Cr: J ;. . lnrnK q1 , 4 N M O A{1 � 0 ! FiL.2 : i s .ti; Q.Q r M► O G.Qt 71 0 _g a 'v..Y a At 3 - n, = a o g ,�p� u i N PS Form 3800,June 1985 *U.S.C. C - O C Co w o Pa- C,,7°fr H 3� t"g r of ° ' = Soo IC • T4 P. Sb F; •z osno '_- C+ c^" 9N ,� Tll{ m M - o—el w � 0 a =$ vs o o S a O r; z a - _ " w O.VIM O - n Opp' -. • N rt n 'Li O27m O oc o ra >`Sm a `""x , G N N > 0 oa r -. (.11 ND K ND 111 O DC tr O9f 9 r 4- !- and )ryTe x 5 i thba:cog,of an by a?t0nLR wand"'not CI?, **seen at..bet budpe4 '� °Up*use t} iao-'� YM gemming- , 'DovC•ptAXpoanty doh•-it::n -adatkn.- AFFIDAVIT OF PUBLICATION N•vends Y+' el Ala budget. .two- :Adopted Of " by vw »e a.d povaa,i $ THE JOHNSTOWN BREEZE t,thy�� xt+EtCRE";SE IT STATE OF COLORADO ) OROA1tN,6D•�_ •d}e Board:,of ) 55 8� 't toriwatd. COUNTY OF WELD ) j.; attivre eromranuM=;td -the I, Clyde Briggs,do solemnly swear that I Road and �ca'tiu.xad.7na. am publisher of The Johnstown Breeze; • ,renantomaittryFuntslums. - that the same is a weekly newspaper e . / t` 'y R°"'" Saar / printed, in whole or in part, and published n :Fund in the County of Weld, State of Colorado, 1 '�mi n h°to` and has a general circulation therein; that n.et !m0c said newspaper has been published typal I Diarlot Fund, continuously and uninterruptedly in said z Re. County of Weld for a period of more than [et tom' fifty-two consecutive weeks prior to the ea ID(* -Exhibits -A ..tt first publication of the annexed legal notice FK'�sad and Incarpa- or advertisement; that said newspaper has ;>n ra n• a this been admitted to the United States mails as tarrisr to Made ca Mppefy t - R`` second-class matter under the provisions of 1rshark Samn+bN+d* went+ the Act of March 3, 1879, or any i Approved. ebyt the ar., amendments thereof, and that said newspaper is a weekly newspaper duly •' ` es•tr, FURTHER.oRouNeo qualified for publishing legal notices and ip.•thai.wriagentif torts which t" .require that tarn suewamanat advertisements within the meaning of the. • }As°o-°"'�s't°"d, ,.;� sa ;2 laws of the State of Colorado. -onto r 3 Rule under �+ That the annexed legal notice or advertise- ^YY Name cn.rter. ment was published in the regular and The anal, and tora/otng entire issue of every number of said weekly • o"d mo_it+o-c was on newspaper for the period of .1_.. consecu- e mad.andwca,deµ bythitd�n�vot.on tive insertions; and that the first to zenr-a2.atode:"�... teas �- publication of said notice was in the issu f �. .. said newspaper dated/2/.3!. A.D. 1 av4 and that the last publication of said notice was in the issue of said newspaper dated Jw4uann..lojj; A.D. 19 In witness whereof I have hereunto set oo`d'n_:P A.D.my h I9 d t t}is//��3/ day of 1�� ¢w KnM Fnudt.Ye polo / Publisher i�A7E8rsMKVAnn yauentiYn Subscribed and sworn to before me, a r?•mac Reit Notary Public in and for the ty of gun Mii 0;gpi , ) n awr�"ta,aW/aSs : , Wel$,State of Colors this ..2. .... day of iAL- AtOti f+Ot" APPROVED A$To FORM: _ .�t�..C�C.r.... .... � `..-,-;.-Ft -F R :3 .-w.'17gys'rA�Dardd s py C011taY d DScy - //i �_ . -T.F'�" f�.'.K_ G .A� Pebasha� Dagpeber 26, t98e !µ"y `,GfI.F.5-.� .Notary Puts r` Rena r APPraveQ:,D4Ceabor y�eZ � ' PuDl'at�ly�•d/nw7 l 1p97.an ✓ :ntg It ma .yew My commission ex�pi s" '4 i4 by MY COm^tsst rLLS'Satte altioas"Ali . ktwad�,l It 2 5dv�F. Parisl+ Aven�a ,") }o6rs'o�:n, CO SC534 mnrler xdK,eeey�s or� . _ et4, kt. ..(:i ei.*Y+ ..ac�K nr...tre.•ry,„„it rvG.? ,rit . , • CdgetitOPrrataKke , ___ N_ ette rere or tuna atva(ketaoptUle,d. this �, 1tbtK.,i n» :other tak tilts aat AARR p�aM t4 pcLu�aala�leleirt$I 0 'mrootae.**St 5 JOedpR . Via er*c• ,S. dean"adS*Weld suPaccat'snewilontlIkvirg:Pirtittetle-la k oaoufGe.yyn y-;t nq' human "Computd.,Sot.Id Services Fund GA ';servicaa:niSA t Fyne, Pt3XFund.Heeding Authority Fund-emote josh tmprovamant Dutn D tla 4I ttn d,tmprove- Fhe�r{t;t�Afetdct-furtrtand Anteype AR20$2589 CV U ORDINANCE NO. 77-B 4-4o IN THE MATTER OF THE REPEAL AND RE-ENACTMENT WITH AMENDMENTS OF a ORDINANCE NO. 77, AMBULANCE SERVICES RULES AND REGULATIONS aW 0 o W BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: 0 WHEREAS, the Board of County Commissioners of the County of oz Weld, Colorado, pursuant to Colorado Statute and the Weld County '- o Home Rule Charter, is vested with the authority of administering M the affairs of Weld County, Colorado, and 1/40 WHEREAS, pursuant to the recently modified Colorado Emergency Q V Medical Services Act Rules and pursuant to the recommendation of oz the Department of Health, the Board of County Commissioners of Z131 Weld County, Colorado, deems it advisable to amend the Ambulance Cq e4 Services Rules and Regulations Ordinance to include the role of a the Emergency Medical Technician, Intermediate (EMT-I) , and to Q otherwise update the general wording to coincide with that of the co w current Emergency Medical Services Acts, C.R.S. , 1973, 25-3.5-101, C z et seq. , as amended, and o z N Q WHEREAS, said Act requires that the Board of County a Commissioners of each county adopt certain standards, requirements 22 01 and procedures for providing emergency medical services within each county, and o n r WHEREAS, said Act authorizes the Board of County "4-4 Commissioners of each county to license and regulate ambulances, Wk, and ambulance services, and WHEREAS, the Board of County Commissioners of the County of Weld deems it in the best interest of the citizens of said County to adopt the following Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Ordinance No. 77 previously enacted be, and hereby is, repealed and re-enacted with amendments as follows: Section 1 - Purpose 1.1 The purpose of these Rules and Regulations is to set forth the requirements for the planning and implementing of high quality emergency medical services to all citizens of Weld County. It is the intent of the Board of County Commissioners that the emergency medical ORD ^1- � (-\ ' N t J_ ( �C Hm:'b - nerg.a;``�• f G -Alec - +4i - CIA. PAGE 2 RE: AMBULANCE SERVICES RULES AND REGULATIONS NO - o O NO v service in Weld County will consist of at least «A7 transportation, treatment; communications, training and A documentation systems designed to prevent premature mortality and to reduce the morbidity that may arise o from critical injuries, exposure to poisonous 2 substances, and illnesses. 0 1.2 - Delegation No a The Board of Weld County Commissioners designates and n w delegates to the Weld County Health Department the '" a authority to manage the Ambulance Services Rules and a Regulations. Under the direction of the Board, coo inspections, licenses, permits, applications, and other oz functions necessary to implement these Rules and eoti Regulations shall be the responsibility of the Health N E Department. M w c014 Section 2 - Definitions tnW N o z 2.1 The following definitions shall apply in the (NI cc interpretation and enforcement of these Rules and >, Regulations: vCC a 2.1-1 "Ambulance" means any privately or publicly owned land a o c vehicle especially constructed or modified and equipped, + intended to be used and maintained or operated by an ri ti ambulance service for the transportation upon the in w streets and highways in this County, of individuals who are sick, injured, or otherwise incapacitated or helpless. 2.1-2 "Ambulance Driver" means any person authorized to drive an ambulance, which is a land vehicle, in this County as provided in these Rules and Regulations. 2.1-3 "Ambulance Service" means the furnishing, operating, conducting, maintaining, advertising, or otherwise engaging in or professing to be engaged in the transportation of patients by ambulance. Taken in context, it also means the person so engaged or professing to be engaged. The person so engaged and the vehicles used for the emergency transportation of persons injured at a mine are excluded from this definition when the personnel utilized in the operation of said vehicles are subject to the mandatory safety PAGE 3 RE: AMBULANCE SERVICES RULES AND REGULATIONS (NI 0 0 `nOo standards of the federal mine safety and health a administration, or its successor agency. a c 2.1-4 "Ambulance Service License" shall mean a nonexclusive o a authorization issued by the Board of County t w Commissioners to operate an ambulance service, publicly or privately within Weld County; the license shall issue n O only to Ambulance Services whose primary base of w operation is located in Weld County. ma 2.1-5 "Ambulance Vehicle Permit" shall mean the authorization issued by the Department with respect to an ambulance used or to be used to provide ambulance service in Weld W a County. o H 2.1-6 "Applicant" shall mean that person who is an initial w applicant or an applicant for renewal for an ambulance oa service license, or ambulance vehicle permit. ol o 2.1-7 "Board" shall mean the Board of County Commissioners of cow u'w Weld County. N2.1-8 "County" shall mean Weld County, Colorado. >' 2.1-9 "Current E.M.S. Act" shall mean the Emergency Medical Services Act, C.R.S. 1973, 25-3.5-101 et seq.; as amended. o to ti 2.1-10 "Department" shall mean the Weld County Health et el Department. pqw 2. 1-11 "Director" shall mean the Medical Director of Weld County Health Department. 2.1-12 "Emergency" means any actual or self-perceived event which threatens life, limb, or well-being of an individual in such a manner that a need for immediate medical care is created. 2.1-13 "Emergency Medical Technician (EMT) " means an individual who holds a valid Emergency Medical Technician certificate issued by the Colorado Department of Health. 2.1-i3a "Emergency Medical Technician-Basic (EMT-B) " means an individual who has been duly certified by the Emergency Medical Services Division of the Colorado Department of Health, and who is authorized to provide basic emergency medical care in accordance with the acts allowed by the PAGE 4 RE: AMBULANCE SERVICES RULES AND REGULATIONS N o r+U 0 v0 Colorado State Board of Medical Examiners and the rules V of the Colorado Board of Health. A A 2. 1-13b "Emergency Medical Technician-Intermediate (EMT-I) " G 3 means an individual who has been duly certified by the . o m Emergency Medical Services Division of the Colorado rg Department of Health, and who is authorized to provide emergency medical care in accordance with the acts wallowed by the Colorado State Board of Medical Examiners a and the Colorado Board of Health. 0 w 2.1-13c "Paramedic" means an individual who has been duly l certified by the Emergency Medical Services Division of the Colorado Department of Health and who is authorized mo m V to provide advanced emergency medical care in accordance c with the acts allowed by the Colorado State Board of W Medical Examiners and the rules of the Colorado Board of (.1E-, Health. co 2.1-13d "Emergency Medical Technician Certificate (EMT-B, EMT-I, co w Paramedic) " shall mean the certificate issued by the in In Colorado Department of Health as provided in the C.R.S. m z Emergency Medical Services Act. o Z N .t 2.1-13e "First Responder" shall mean an individual who has V M successfully completed a course recognized by affidavit a Z filed with the Emergency Medical Service Division of the o Colorado Department of Health. o N 2 2.1-14 "Patient" means any individual who is sick, injured, or w otherwise incapacitated or helpless. 2.1-15 "Physician Advisor" means a physician (M.D. or D.O.) licensed by the State of Colorado who establishes protocol for medical acts performed by emergency medical services personnel and who is specifically designated and responsible to assure the competency of the performance of those acts by such personnel within Weld County, in accordance with the applicable rules of the Colorado State Board of Medical Examiners. 2.1-16 "Rescue Unit" means any organized group chartered by this State as a corporation not for profit or otherwise existing as a non-profit organization whose purpose is the search for and the rescue of lost or injured persons and includes, but is not limited to, such groups as search and rescue, mountain rescue, ski patrols (either volunteer or professional) , law enforcement posses, PAGE 5 RE: AMBULANCE SERVICES RULES AND REGULATIONS civil defense units, or other organizations of or o governmental designation responsible for search and ,-f v rescue. 0 to v Section 3 - Requirements for Licensure of Ambulance Services and a Ambulance Vehicle Permits oW a 3 3. 1 After January 1, 1978, no person shall provide ambulance o w service publicly or privately in Weld County unless that a person holds a valid license to do so issued by the U Department, except as provided in subsection 3.5 of this section. The fee for said license shall be set by to a separate Ordinance. 3.2 In addition to the license required by Section 3. 1 for rqg an ambulance service, the Department shall issue a permit for each ambulance used. Said Ambulance Vehicle • v Permit shall be issued upon a finding that the o z applicant' s vehicle and equipment comply with the • W requirements of these Rules and Regulations and the current E.M.S. Act. The Ambulance vehicle permit fee r▪ x shall be set by separate Ordinance. cry o w 3.3 The Ambulance Service License and Ambulance Vehicle or 44 Permit shall be valid for twelve (12) months from the cr date of issue. 0 o 3.4 Each ambulance service licensed in Weld County shall O have a physician advisor. o r- 3.5 The provisions of Section 3 shall not apply to the yr rg en following: N M caw 3.5-1 The exceptional emergency use of a privately or publicly owned vehicle, including search and rescue unit vehicles, or aircraft not ordinarily used in the formal act of transporting patients. 3.5-2 A vehicle rendering services as an ambulance in case of a major catastrophe or emergency when ambulances with permits based in the localities of the catastrophe or emergency are insufficient to render the services required. 3.5-3 Ambulances based outside the State of Colorado or Weld County which are transporting a patient in Colorado. PAGE 6 RE: AMBULANCE SERVICES RULES AND REGULATIONS cu o O %°o 0 3.5-4 Vehicles used or designated for the scheduled a transportation of convalescent patients, handicapped aW individuals, or persons who would not be expected to o ox require skilled treatment or care while in the vehicle. vorw 3.5-5 Vehicles used solely for the transportation of m intoxicated persons or persons incapacitated by alcohol 0 as defined in current C.R.S. , 25-1-302 as amended, bu . who are not otherwise disabled or seriously injured and CCwho would not be expected to require skilled treatment - 0 or care while in the vehicle. p7 3.6 Every applicant for an Ambulance Service License or an i Ambulance Vehicle Permit shall complete and submit to the Department an application and supporting documents r� re) for approval. Said application for apl:ioval shall N H contain but not be limited to the following information: 3.6-1 The name, address and telephone number of the owner of m the ambulance service. In Da 3.6-2 The name and address and current telephone number of the N person who will be in charge of the operation of the o N ambulance service. oa �' 2 3.6-3 The description of the ambulance(s) , including the make, a model, year of manufacture, current Colorado state o co license number, motor vehicle chassis number, length of time the vehicle has been in service. CA Cu 3.6-4 The location and description of the place or places from which the ambulance service will operate. 3.6-5 The name, address and telephone number of the required advisory physician to the ambulance service. 3.6-6 The area to be served by the ambulance service. 3.6-7 A list of all emergency personnel who may be called upon to respond to an emergency with the ambulance service. This list shall include the following information on each person: a) complete name, address, and date of birth. b) the highest level of certification, licensure or training attained. PAGE 7 RE: AMBULANCE SERVICES RULES AND REGULATIONS - CV o c) a copy of a current Colorado Department of Health o EMT-B, EMT-I or Paramedic certificate; or an Advanced First Aid card from the American Red U Cross; or a First Responder Course completion ca certificate; or a Cardiopulmonary Resuscitation card issued by the American Heart Association or ow• 3 the American Red Cross. oa .0-w d) proof of a valid Colorado Driver's License. 2v e) a statement of criminal complaint or convictions w• a including Class I and II traffic violations within the previous twelve (12) months. tn • X 3.6-8 Proof of vehicle insurance, such as self-insurance w certificate or card issued by the insurance company U which provides the insurance. ro N 3.6-9 Such other information as the Department may require to N E make a fair determination. a 3.7 After receipt of an original application for an • w Ambulance Service License or an Ambulance vehicle co into Permit, or a renewal thereof, the Department shall co z review the application and the applicant's record and w z provide for an inspection of equipment and vehicle(s) to o determine compliance with this ordinance. If a vehicle Up; is replaced or an additional vehicle or vehicles are added to a service's fleet, an application for a vehicle permit shall be filed with the Department within 30 days 0 ON .4? t-I of receipt of the new vehicle or vehicles. The '-' completed application shall include a description of the vehicle (s) that were replaced. Upon receipt of a new m w vehicle permit application the Department will inspect and issue the new vehicle permit. 3.8 In addition to the inspection required at the time of application, the Department may also visit or contact all ambulance services at one other time during the year at which time an inspection may or may not be performed. The inspections of the ambulances and related equipment shall cover but not be limited to the following items: condition of the vehicle, safety and warning systems, Minimum Required Equipment for Colorado Ambulances (as per current E.M.S. Act, CRS, 25-3.5-101, et seq.) ; Each service shall provide evidence of an adequate on going vehicle safety and maintenance program. This shall be a log which shows the dates of the service and list of PAGE 8 RE: AMBULANCE SERVICES RULES AND REGULATIONS service (s) performed. The Department may modify this (NIo regulation or adopt additional requirements with the 0 consent of the board. 00 O V 3.9 Each ambulance vehicle shall be equipped according to a the current C.R.S. 42-4-212 as amended, and all other applicable State or County regulations. In addition each vehicle shall be equipped with seat belts, which o shall be worn when the vehicle is in operation. .03 3. 10 All licenses and 'permits shall be renewed annually, shall expire on December 31 of the year issued, and shall not be renewed until the application has been approved by the Department. .n All applications for renewal of licenses and permits shall be made not later than sixty (60) days prior to the date of expiration. Each permit shall be co c.) issued only for the vehicle described in the application o z and no license or permit shall be transferable or `w assignable. Obtaining or attempting to obtain a license cNi or permit by fraudulent means or misrepresentation shall. be grounds for denial, suspension or revocation of the a license or permit. The Department shall notify, by cow certified mail, return receipt requested, each licensee N of the renewal requirements of this section, within co z ninety (90) days prior to the date of expiration. N• 4 0 >4 L) g Section 4 - Requirements for the Operation of Ambulances 0 0 4.1 Ambulance Crew Members - Training. No patient shall be N transported in an ambulance within the county unless ri m there is available in the patient compartment, a co k. State-certified EMT-Basic or higher level trained person. This requirement is subject to waiver by the Board. The ambulance driver shall meet the requirements of 25-3.50-202, C.R.S. , as amended. In unusual emergency conditions when no driver meeting these requirements is available, this requirement may be waived by the Board. A current First Responder Card is considered to be equivalent to the requirements for the ambulance driver requirements. 4.2 Ambulance Crew Members —Criminal Record. Unless waived by the Board, no person shall be employed by an ambulance service as an ambulance crew member who has been convicted of a felony, misdemeanor, Class I, or PAGE 9 RE: AMBULANCE SERVICES RULES AND REGULATIONS N O O rn0 Class II traffic offense within the previous twelve (12) U months from the date of application. 4.3 Insurance - No ambulance shall operate in the County unless it is covered by a vehicular liability insurance o a policy as defined by section 10-4-703 (2) , C.R.S. , 1973, p as amended. In addition, the ambulance service shall o have professional and liability insurance with policy o limits at least $300,000 per individual and $500,000 per OD a occurrence. Certificates of insurance shall be filed with the Department. Evidence of such insurance policy n shall be submitted with the application for an Ambulance `4g Service License. COa CO U e z Section 5 - Qualifications of Emergency Medical Technicians \c E9 5.1 No person shall practice as an Emergency Medical '' a Technician for any Weld County based Ambulance Service as N unless that person holds a valid Emergency - Medical co w rw Technician license from the State of Colorado. o 5.2 Each Emergency Medical Service shall provide the N Department with a list of its Emergency Medical Technicians as per section 3.6-7. va a 2 5.3 Within thirty (30) days after an Emergency Medical o r, Technician's (EMT) license expires, the Ambulance �+ N Service shall provide the Department with a written .-4 statement showing the EMT's name, date the license was rt. issued and date it expired, and the certificate number of the new State license. Failure to comply means the EMT is not certified to practice in any Weld County Emergency Medical Service. Section 6 - Suspension or Revocation of License or Permit; Conditional Permits 6.1 Upon a determination by the Department that any service has violated or failed to comply with any provision of • this ordinance or section of the current E.M.S. Act, which the County Commissioners or the Department has responsibility for administrating; the Department may temporarily suspend, for a period not to exceed thirty (30) days, any license or permit issued pursuant to this ordinance. The licensee shall receive written notice of Such temporary suspension, and a hearing shall be held clo o v PAGE 10 o0 RE: AMBULANCE SERVICES RULES AND REGULATIONS 0 o : no later than ten (10) days after such temporary o a suspension. After such hearing, the Department may `o.q ' suspend any license or permit issued pursuant to this ordinance, or any portion of, or for the remainder of VV its life. At the end of such period, the person whose c a license or permit was suspended may apply for a new 'n license or permit as in the case of an original an application. ,o 6.2 In any legal action filed against a person who has been CO issued a license in which it is alleged that the o z plaintiff's injury, illness, or incapacity was 01 w exacerbated or that he was otherwise injured by the • F negligence of the licensee, an act of negligence shall a not be presumed based on the fact of the allegation. In the event a judgment is entered against any such cow licensee , he shall within thirty (30) days thereof file t" a copy of the findings of fact, conclusions of law and • z order in such case with the clerk and recorder of the m a county issuing the license. the Department shall take >, not of such judgment for purposes of investigation and appropriate action if a violation of these Rules and Regulations is present. Any and all complaints received 4 H - directly by said Department shall be subject to review. m 6.3 Any person who violates any provision of these Rules and ay k, Regulations commits a class 3 misdemeanor and shall be punished as provided in Section 18-1-106, CRS, 1973, as amended. Section 7 - Documentation 7.1 Each ambulance service shall prepare and transmit copies of uniform and standardized records concerning the transportation and treatment of patients as required by the department. Such records shall include all information determined to be essential by the Colorado Department of Health for maintenance of adequate minimum records on the patient's medical condition and medical care provided by the ambulance service and shall be preserved by the ambulance service for a period of at least three (3) years. Section 8 - Communications 6 PAGE 11 RE: AMBULANCE SERVICES RULES AND REGULATIONS o - V 4 ri v 8.1 Each ambulance service shall be in compliance with the p current E.M.S. Act. 0 a O M Section 9 - Effective Date oa `fr w Pursuant to Section 3-14 (6) of the Weld County Home Rule 2 Charter, the Board of County Commissioners finds and hereby declares this Ordinance to be an Emergency z Ordinance and that its immediate passage is necessary to the preservation and protection of the public health, ,n property and safety, and that time is of the essence for f-` a the effective date of this Ordinance. This Ordinance shall take effect upon passage by the Board of County m• v Commissioners. • oz M N N EE, Section 10 - Safety Clause • co The Board of County Commissioners of Weld County hereby ono m w finds, determines and declares that this Ordinance is • w necessary for the health, safety and welfare of the m zz citizens of Weld County, Colorado. 0 N < ry im Section 11 - Severability Clause o M If any section, subsection, paragraph, sentence, clause, c N or phrase of this Ordinance is for any reason held or `v) decided to be invalid or unconstitutional such decision shall not affect the validity of the remaining portion. 131 ILt4 The Board of County Commissioners hereby declares that it would have passed this Ordinance and each and every section, subsection, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared to be unconstitutional and invalid. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance No. 77-B shall become effective January 6, 1987, after its final public notice, in accordance with Section 3-14 (2) of the Weld County Home Rule Charter. PAGE 12 RE: AMBULANCE SERVICES RULES AND REGULATIONS 040 The above and foregoing Ordinance No. 77-B was, on motion .+ 0 duly made and seconded, adopted by the following vote on the 29th a day of December, 1986. NO i �j eiv BOARD OP COUNTY COMMISSIONERS S ATTEST: V- - ' WELD COUNTY, COLORADO o �.a.4.;0 .2"an arc . Weld Gou8Y` and Recorder y.w and keinf_ta Board J cq 1 ne nson Chairman w By , Go d . c - em Lova C4 ty Coun y erc tri I-4 p4 "'-=t e . Bra ner w APPROVED TO FORM: '� //JJ stte co A 24-Ct a QC) MC. Kirb ox � — . �1 t O91 H C4 County Attorney _%1'��e �jjy( CV E's a ill W a, p In lid CO DI First Reading: November 26, 1986 N Published: December 4, 1986, in the Johnstown Breeze co 0 c Second Reading: December 15, 1986 Published: December 18, 1986, in the Johnstown Breeze Final Reading: December 29, 1986 on. Published: January 1, 1987, in the Johnstown Breeze v N el cf) '" ^' Effective: January 6, 1987 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss COUNTY OF WELD ) 1,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed,in whole or in part,and published in the County of Weld, State of Colorado,_ and has a general circulation therein; that. said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,` 1879, or any, amendments thereof, and that said• newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertise- ment was published in the regular and entire issue of every number of said weekly newspaper for the period of :;.1- consecu- tive insertions; and that the first publication of said notice was in the issue of said newspaper dawdP.-3i. A.D. iseh and that the last publication of said notice • was in the issue of said newspaper dated , A.D. 19 • In witness whereof I have hereunto set my hand this S' day of(PC4... A.D. 194(6 652"" Publisher Subscribed and sworn to before me, a Notary Public in and for the County of Weld sate of Colorad2vthis ..day of A D. 19 4e /P ide4 I 1_art --Notary pulliG My commission expires 64y Co^rn,,.;ore Ex ss-jun+:)4,1787- • 2 South Parish Averse•. -, -? Johnstown, CO -8053( 'i 16 -- Breeze• , Jan. 1.," 1987 Public Notices OIIOINANCB MO. 77-B:.: 2.1.5,i- `Ambglaca Vehide Act the Ambulance vehicle; panne appir:atbn the Depart: anrp'O at of this ordnance or .-Gee R..Bramaer t Parml�y{'eha�d mean thaautttonza- permit fee shalt be set--bY lament wit inn ect:am esue;the section of the Current EMS AR IN THE MATTER OF • THE fish weed by the"Oebartment ' separate Ordkmnce: -' new vehicle permit „ 'whit the Count/Commi5s.onets .. ' " . REPEAL AND;ENTS,ACIMENI„with rffapect to ad_.ambulance ac due Department has rase-Der <a ,JCZW: law .WITH ES40.AMENDMENTS,OF:ORD•,., or to'Ue used to,provide, 3.3: TLe Ambulance'5awee as rnre died- -to the in-- - beAY.tot. may t mtkq: the Do- (MANGE ,NO. 77. AMBULANCE ambulance servos'in Welm license and Amb°a ce Vehkh, 'pattern required-at the time of--- �rtmen6' may temporarily Sus ' SERMCE8 RULES-!AND REOU- County Permit shad be vald fo twaye. • _ -- fOr:a period not to exceed Frank Yerraglto- "[AT1ONS- (12) months hem the mtt.-d ' tnpOepartm@ntmay thirty(30) days, any. rcenee:.or 2.t-6 'Applicant' Shall -mean act . , asu„rata.or asitaot aa,ambu- .permit-f55ine pursuant:.to this Ai ithr: BE' IT ORDAINED.-:'6Y.:: THE that person who is an initial " •' lance services at one other time . 'dOharrc& 7ho Iicent4A@ sha11 . BOARD OF COUNTY COMMIS- apdkent or an applicant ,tor,_ 3-4 Each ambulance service donne the year at which time an recenal,nritten nonce-,d such -wake county Clerk SIGNERS OF WELD'COUNTY, 'renewal" for an ambulance licensed In Weld County shall in9pBtttOr• mat a mat be .temporary, suspension and a and Recorder and Clerk- COLORADO. Service license. or ambulance have a physician adwabr.:_• DedOriaed th?k "°'-° rA-d,t?10 _hearth shall lie held.n0 later -ter that-Board vehicle.permit ambulances and related equip .than.ten.00) days after such _ WHERFA . the Board-..of _ - 3"5-The provisions of-Section 3 mart ahaC+tlrer .tut not Da temporary Aden sous .1 BY ,- County Commissaries of-,the 2.1.7 -Board' shall mean the shall not ar b'to she following: •t0 —g.": ,.. hearing.- the. Department: may - ,,Detaty County Clock . :County of Weld,Colorado.purse- Board of County commissionsre .sugDentl.ant license"ply.yang( ant to Colorado Statue and the d Weld County, -' as-i•The-atcediatat.erPBr i :+varning a1'areraa-% cos. -Waited pursuant to this ordirr APPROVED AS 7p FORM;t ; Weld;COunry_Home Rule Charter. - - 4encY .use d"a ornately or: nee,.A AmbulancesL. • is `rested Yeah the authority of 2.1-8 -Court shad moan "publicly owned=veh cle;including amen, ms.,Aorpr pre, per remaO<_�-Dsnl e.At the for Of Weld search and rescue unit:vehicl remainder its atea Q _County Attorney t. current EMS.•ACC CRS,25.3.$-. County. g the n nth Weld County, Colorado. TOT,etL -Eadi sarv0e shall County:Colorado. and -or aircraft not txt ra used in avid). license or permit was-license or 2.1.9'Current EMS Act"shad 'She.pati format-act Ct;transporting provide erWdce'd'an adequate mat almN for a navr;l a of or F1rst Reading November 26, WHEREAS, pursuant to the mean the Enlerg 197 MediCa pahenta on vehide seta= and permit.as in the case of an. _, 1906_ '' recently modified Colorado Services Act.C.RS.1973,25-3.5- e >eantaeianta=dppgqrrB�rtA ThtS shall plicetidt :' Publtspeth Dee@Rt ee 4: to r. Emerpenty Medical Services'Act 101 et'Sea, as amended 3"5-2 A vehicle rendering Oo.a fop:rhiiml-l1i0N's 1n0 dates - " the• JOhtrSiOwn Breeze •7�6. Rules and pursuant to the caseservicesof as an ambulance in °-'tM Sperfos-and.. list e-• 62' In any legal BCtias filed recommendation of the Dedtrt• 21-1Ck -Department" shall case of amaa catastrophe:or 9aviCe(s)• DMo++Oed The. Oa, against a parson who hat been :.Second Read December 15, County mmiss the Board Of mean the Weld Count, Health': erragenr)t-when .ambulances part rent may additio Ml Meta issued a license in which it is .-'1956"' " - • . " - County Commissioners a Weld Department. ..with permits baled n the ottalF —giitswrth to use t� theme alleged that the plaintiffs injury, the Job December, 1&_1936, a advIsntay CoOrame deems - it h ties Of the Catastrophe Or'ee r boflrd illness or incapacity_was" ea in the Johrstavn Breeze < edvwbb 't0 amend the Am- 21-111 -Director' shad mean pent are i ed to render :. wise or that he"was Other . twWOe-Services Rules' and ;he medical Director ofen Weld the Services..required injured by the negligence of Final .Reacting December-y9, :r- clods lions Ordinance. ,t0- cn- county heath Department 34 E@ .' ambulance ,nnkle me licensee., an act el negti- 1966 . dude the.role of:the Emergency I .-. 38.3 Ambulances based an- Medical trio a' e0t�moed atx»rdirhg.to aerate.shell not be presumed 'PUDIC Jaru.ry ] /987 +n Medical Technioianlntermediate 21.12;-Emergency'means any side the State. of Colorado or the current C' 5.42.4212.as ton. I on MB fact°the seeps• Pu sbecb own'>§eay@ ' update, and to the•omarwne: actual Or sere-perceived event Weld County which are vane amende4 and atf dher spplicnt tors to°ma einstt a yudament is the update the general wordu rr n which threatens life,limbber Wet• porting a pafeOt m CO0rad0- ree Sffie a County fk,se p to entered h against any. such In Effective;.January 6, 1987, Emerge with that or the current being of an individual in such a re adddiori eactu vahcl@ snail be Coys thereof heee shall within thirty o (the Emmairnpeennccyy - Medical -.Services manner that a need for immedi- as-4 vehicles used d desire than bed.withSeat peke, whkh •thereof•fire a of me - - .v Acts CRS..1973,25.3.5-101,et ate.medical care is created, need for the scheduled tans. than be wrorr+wiaen the vehicle is days "d fact such oons th . fin ' Lt sea- ae amended. and - -; 0-oparetba - - law.andO der in such case with al0[iCE ., 2.1-13 `Emergencm Medical portation of convalescent- _.pa- - ' 3;10 NI racemes and permits the. clerk and recorder,Of the - pursuant to,the boringI• WHEREAS said Alt requires Technician (EMI)" means an hunts persons .tipped ld not be �s be renewed annually, shed count issuing the license. The the State of.colored, and pee that the Board ° County.Cop individual who holds a valid or persons veto would not be Department shad take not of my aaNice. • ' mi/eiOhera of each county adopt -Emergency, Medical Technician expected to:- require skilled ;eaaie m Deoand m 51 of the such judgment for purposes of Weld whim Zonmp.b ed certain standards, requirements .certificate issued by the COB treatment or_care while in.the nawfweT>r teesau and snarl not.be eat aepucesee has investigation and appropriate - a i>'ucho ne hers w the it be Aald of and procedures for providing redo Department of Health. vehicle been approved„by Depart• action of a violation of these. t(•ou ferretheorioners scans emeryency medical services '1. meet All - for Rubs -aid.. d all comp is Count/,- COlcrado. Weld Conley within each county and .. 21-13a 'Emergency ,Medical =35-5 Vehicles used Celery for tee,oe'Bpers alai lie, present Arry•antl al amp sits -Centeuraei (',enter. 915:".tp(R1'." WHEREAS.Said Act authorizes TeC,nk:iauBesic(E asteen duly pie ohs rip ens n on iatoxk9ted e• roe t��r meatrecei shall both b/sati re sew. Street, First Fleat Gree the.Board of County Commis certified e udidi4- bl vm0 has been duty by alcohol as-defM d in current u meet shad be subleU to review. let•. Certd al by the Emefgerity'.. ak;oho as m tlaa ai>n2/lq•Iqa 7rb, to _ All path ms Lm@ s maim r a*nets- -each county to license Medical Services Masan cot the GAS-25-1-302 as amended.but : the Ante Oe 4afrfat{on..£aU m{arested 0 re Use by seeCvat •, and regulate ambulances, and Colorado'Departmentfif.HeahR: butte are rot otherwise disabled the v suss De-whited d1in he any- 6.3'Arty,person these o who Rules and .ant". ambulance services and and whaj is authorized to-provde or:seriously.injured'ant: who :the veNCle d- noti (n the: thtiions Comi auCllass 3 and may OWesied to=ffisid I basic emergency medial-Care in would not be expected to require permit sh are -M tiers:a or misdenteaoor,....and shall be and may t h heard WHEREAS, the Boar°' of accordance with the acts allowed : skilled treatment _cam Awhile in permit ale he ing or attempt-ere0b a punished as trovided in SeChon inte should-theparty aOsseo the ores, t:-or any County of eld Commissioners it in the by the Colorado State.Board Of the vehid& iC a t8.1.106. ,4 CRS. 1973- as. ence Of/d Court reporters°make , i)' Medical Examiners and the rubs- m9 amended' '^ • ben interest of the citizens Of of thCotoredo Board-of Health- -.3.6 kart for an by trued slenl-rneall6 or mivepre- - a record;of ire:Pl ceemnps-in said County to adopt the follow- i. Ambulance 'tioenai4r an sentahpo shad ba grem.de ore , Seat en.7t- Documentation. whdhan to the taped roCord ing Ordinance. 2.1-138 'Emergency Medical. Ambulance Vehicle Permit tit Shall stnpension Or"revoCetion, wn.ui vela 00 Inept during the TeChnieian•Intermetlkle ((EMT-1)' complete and. submit to the pepepme arnea9e PeraiR 7.1 Each ambulance service. Offh 'the�' ro' IQs NOW THEREFORE BE IT means an Individual.who has Department an appdratiori and hes•Deent return receiptify:by re- shall prepare and transmit reeies �rel, "lac tea iist ORDAINED' by the Board of been duty certified .by the supporting documents for tied'" l calif receipt there- ° uniform. and- standardized Of doter a mmathest the County Commissioners Of Weld Emergency Medical •Services approval.Said'application:"for ' aaaaared' each mentseeOf the records Concerning the trans- court rt me,s n satsc,d ttie Carat Colorado,that Ordinance Division ;of the Colorado De approval than contain but not sae "secure requirements d: tub be a vi eha.BOmlTs Office_anati . Na, 77 previously enacted-be. r artment'of Health, and-who-IS •lmhed to Me•following infer section, weM-te of L. Eery'. Donation and treatment b e advised,in:ve rata at iicn and hereby is..repealed and.re- authorized to provide emetge, matidc humor to the date d expiration dedatm at'Such recQ by the -action- ring,The t09 promo ttccyy include •- i records shall rter stall be enacted wins; amprdmpnts: ea I medical care in a the Me with -. . • : .:. .-ail: info n t a court the hearing TM cos d e orne op follows; :. the acts allowed by the Colorado 3.61 The name, address and th eNetr�s� at"motes. ed t0'be essentialento by.the. to reramming part)c ..State Board of Medical of telephone number d the owner Colorado enancment'of Health "`� section 1,--Purpose ors in the Colorado Board of of the ambulance service. for maintenance of.adequate Health. :. ..: ore Aa 4. rryt Gew mmimuottecords On the patients 'ex IT a of ;dm 1.1 The purpose d these Rules ,, 36-2. The"name and address a - No medical cOndibcn and. medical text ard,rinty to Obrtrfddtry]ine and Regulations is to set forth -,.1Wua-Pho nasic en tlan and'currentttelephone number of . _eases sM4„satinfte e county in an py " wo may.;he eerepr, Coa:gee the requirements'forthe planning Y. ambulance witki LM Serve.°ended t??, e p eservedCe ..yap may.;t,-he.agpdpw iq:grta and implementin Ofh h ;certhhw by me EmeryencY in thOseOnwMrna,be in ;Mans tlaweb.arbl77 stall rite arandsha bervice forJa office Gamts_tonenisgtoiMiBM JI nC1' mwtgtal se�rviCyg o M@tlkal Services Divis(on °the Of'thus aperaidr'lot'the amDu- ' certified CEMT-Basic a Sfae" "a service Ye a in try-. �Qe lance servile. pBnpddathasc tree. in the tVecouhae,•toer+l�rxal af alze _of Wald-CO1o. ,_.(i.ia.. Colorado D,eDaQment of Health oert(tred EMT-Basic or nigher "t3).yeara the intent of the"Board of nty --and'eHrolestrihcethet ntrOOafe-"^3:63 Thu detrdtto on-'or.ther -'s• - :- - ' advance, ! eme�pn�y reeks is soloed to waive by ` � �'°' '..Floor,Greeley. Cobmda gency bners that the enter- ,Mt the acts ambulanCe(s)_ Including .. the .7, ea„rsiit. Cgaenty'medical service in'Weld Oar@ n aby rite Ce make. model year of liana' t meet ' .e -omens e driver 8• Each c ambulance sernse County wet conelst et.at .least ard by dM Colorado State,<•taCWre•. current Colorado teas stet lMai}neCregbc*model,d Mall be in S. Act bnnce with the - R�ee aanaportai. 'Corn-ocu' e,---e ru of Mwica slam do Bo nit '2S95D202. a welt Y . . Robert,See munketions,.training and dote• tube i°' the ColOrarb Board: glass's number' length time - 'n"wwmaei emergan...1. 1, . ' ,..EMS. . - 3405;16th,Sleet mentation systems designed to of Health. _ when n drill these _ G prevent premature mortality _ the vehicle has been-in service thi4 Section f -Effective Date GM"' Cgxawo Meal. end 'to reduce the morbidity that May, 1 I3d,-VMraencv Medical 3.6-4 The toCatton and dmedD- arrndai may DB paled bye Punoant ta•i S coon 3-Y,4( of KET NO. 88.8r Tao Certikae (EMT-B. tM BOerd A CWrMit Fun Rtr ' „ ante from cntiCel in odes ex ,FMT-1,: -earn horn °tM place or ptap(M cram epoaderCerd b ldbid@fad ro De •Weld GOtlr6Y:NOeltr• ttb- DATE: January ands ll a poisorrous wbatence4 Lino aril "i>;guad M the. opera e. ambkante sent ,, tcr. tot amt-lan requke r re- Cturtesaiothe BaQE an County 0 P) 14, 1987 and illnesses. CpropOWrnddaDd'7jleparhrueeit d liealttu as operate.•, tor:,Ma ambulance amen re_--CanmisatoMra Binds and.t+sety/ TIME 4. PAL u . ONpatbn ..'., M Serve ORS Emergency 3.8-8 The name. address.and �t�t "..:. 1 t Ordinance'and;that, edical ces ACL REQUEST_ Use by Special Rtr The Board of weld county telephone ekiniber d the -la, its".'t oethe presery is re and commissioners designates and 21-13et'First Reepordet shad ambula DMycWt hh the "fie • al R .& Sari to of the loubliconhealth ,"use (matured fabrication delegates to the ets County ,mean an� individual who has green waned by the Board, M. property and safety and that ) H Department the authority seccesauffi y completed a course 3y6to Demi alma be employed by an need by afl6dvK flied wen The.wee et"be. -- by .ate seevite as an a s- dime is of tM esseMe for the LEGAL DFSCRfPTION: Part of to menage the' - ,Regulatioens the mergencY Medical Se.vh a the amDulanCa'aemce. r .�, o t This a enact-snits take effect the ion d this 2 SWY.SE74 td Under Services Rules and f the Board, DiwiOn of tM Coloreds Depart- Leap Gonviued d a Under tn0 direction°the tioar4 3.6-7 A fist ° alt erneryegcy febeY• mmpp 6rpay�b teipa4 SOeaori 9. Tovmship 5 NortA, inactions .licensee, -Penni* ter ° ahR " - •' .personnel who mat be. Weed 'tYdaMense Coss La Class tt 85 Weeet°the Pei PJa. appYWtion&and Other functions - these offense within the previWs Cotardlr..Commbsicnuars WCId COu • oM-tlaery to Implement these • upon ro?eepom to an *OW ntY..Cbfaado .. 21.14 Patient' means anye ambulance tM_N-B- 1_'nY mof4fshom the date - _ Rule*and Reeggulations.Mall be individual elm b sick Injured or service Thn•BsfsMp incuddetile d:: '^'^"-"-: - ' t°n 10 -.Baas Clause LOCATION: /oxaimbei- Ma reepotnlbidry of the Reseal dfl rww rho is flay Tdbwirp Information :On.each The'Board°court:Gm, .r;: miles east fit lint DepaMwnt less. -,.r '<.3 bearawe-mu embulanC9 south of East 18dn Street and part abet OpMite re the County finds.scare iof Weld- r bY ot0 �C east of Balsam Avenue geellee 2- DawnMes 2.i-15 L Pn'yaWan •AQWenrr drmsete name, address, lmles K. $.'Covxed Dy a that tub Ordnance Is'necessary :• means a ppyaKert e of or DOa and date of birth. vehicular.Iiet lot eaeurenca"Poik7 ter thus heath,safety end wedae BOARD fW CAttt, 21 The e following definitions dcdue a D�tM State°Colorado .aa defined 'ley seCUon 104- adnLL apply in the (M@rprebtion who iech Ma :;pr°oC°= tot. 700(2),CRS./973,ee amended a the Citizens,of Weld Couny. N and enforcement of then,Rules rbdka• sofa' ppss tanned by UMitM 'o highest level r 4.colq�biriq • in a�duo� 1M' ambulant@ ,Coloadu : COLORADO ' - and-Rsputalioin: e.awv.••t-y hearse: wrvkea attained . . - :eavke;slMlt hen professional 3aof7ar: D iearere46 •- personnel Vie theIrespeddCady and nailer with ilolicy Clwae BY: MARY ANN 21-t •Ambulance- rams,any designaedt•Sd res9Gn die t to he o)a copy OLacunent Colorado , 'indiviA Sins al and 'S500,WO COtienr(SEM('privately or publicly Ownw lard et t1ten a he DeDartmer5 at Health .SET$ ', araaanc:a'Certirkstes d rtuaui- if 'any Section. 'subsection. -L1 ERIC AND:while espegWtYCdrtruded Or ,n^ e w•tdhn Went EMT-I or Paranied{cberteeert -„or .scars anus be Bbd + tM Paragraph, •:carat a CLERK^TO.T{E BOARD le beed'an'd'aquKroomalo intended an Advanced...Rrat ad card lean DepananetR Evidence ot such phrase�ot"tbs'OrmrWOe is id r�N�� to.to d- by d makttayred=a ap mica In Ivieao the W:e ono tM tM American Red Goss Ora vnuar Dofcy shalt lie sub- - BY Dabble.:C.ampbell.Deputy 'mania Ire banspauta tee Board of f Medical E First. Responder or a Corn• iaaitted with the eppl.cafcnu f r an - _ rdio- upon the streets and highways in• amines- i Motion ry Resuscitation a a Ca card "any,reason Held edecldw 20 be- plkmOnaN Reascltatkm Writ Ambulance ServfW [uWaaa ''almastl'a unconstbutioMt such pry DeCOniter 10. }8B8 Min COuntY, of,Itdlvi s-.Who n- a "Rescue UuYT' mason '�baueC �. ��« l it foliate% poaNbitana,of wag •on -shah not a8eu tn@ pUBLkSDREDa Jana 1.-1987,so•are nick iniured'•cor;otherwise rgen -Assn alien Or tar paltericef)fled L. vaftldydime'amain*:pprtlph_ January incapacitated ocmhelpless. bby ttns Stag a as a r rivet --cross. - ;; °d, Taos' ' TDilers rtl-d Coin Commis- the Jptur:sipwra &Cala_ to stoners hereby declares that it 2-1-2 a Ambulance Driver for profit Otherwise existing as passed This Oren- NOTICE OF PUBLIC ti{AIIOjC.! a ndrpreth organization whose et"proof sa veils. Colorado . 5,]No hareem shad prad3ce es ante and s and every seChoa :dri drive any person authorizedhichto a ambulance,le. int oun Is a Purpose bins search for and the Drivers ri Emergency ld ounte- clause, n paragraph,lsthereof;sentence,f; e -Co Wald County land provided to tenCounty d rescue of lOst of injured need g) a statement of tYimina bleep foe any Weld County syusQ and ie fac tharan one Commission g nn wig ay20. A Regulations. an these Rules end MCI)agg , W .seen ik@d tq conical,*em-Ta- ,a Controt vi mete- y{ed AnaDtaenelv Service unless orrspective of tie fau,that eery one.- hewing a on JMua7 2tt.1887 at • Wadona 6� sews std mg Chas Previous t ele (12) the Person..;h°da. a vase simple •aecto05. 'aubYOtuxq" 7 DMt1p:ra Use by Special far resgaye., tam.•reemae. the- :wKtnm•the.Previous twelve (tic) •FJriei9enq•Y U.dlcal.'Techniwn; paragrapag• � .,CbusM. approval.d.a use by.SGeCIa r..,,:.....-- . yrp�at_I;r�� (e volonteefae'pro- months - tense from the Shia or Colo• d phrases Might sl declared Rive* ': 21 3 "Ambulance Savior:: eareat a taw -enforcement 'redo. be unconst to -desk for auto ,e& means the furnishing operaW.Q, vehicle. : •ha' equipment conducting, maintaining, aerea (Haar: raj diem of govern- Ora, ‘,.fs1 as f istiar • 52 EaM 6ueiyeacy Meaka BE R FURTHERORDAINED.by : Venture the parcel Erie of Road N tieing...Or in mental twra-raepone0 a 'certificate or:®d lamed by the -": - " -the Board 'of County'Comma" desalbed;awo a4 of Satan 15. Or W tie in for search And Maas .Insurance comhasy which pin• 'vSefw0@ .adiall provide the DR sinners;of Weld Couny, Colo- T]I R6BWA the 8tteRM.Weld toe of vides the instance.' - 5;bnert with; a um °- b rnq tut this Ordinance No.77 COuntY;Coiceeto,oord ig 214 ambulance., in Taken. p pone Seeie n,3 j bAwnrs: >:nagencT fascia reetmciana 8 shall-become effective January awes:meteor.leas:aaeprop.dy eisot-zriengaged or Wiegman ant Aa6ulaeee 3-69:SUCh odailinformation es as per section-467- 6. 1987. after its final public is east ofd:appmnor tely Saliea woragin e:to be Bence. Imil the Department:nt: require to ... notice,• in assonance with east d Erie- naN d:Wafd :let- he peraoised toeage I make a'hn detMmay5oia. Section. 3-t ° ins W@W 3C-41''°e" ort NoM$veRd+2i and erneg.ncyeh trae a rtatIo 53 Wimin ftib(3°)-Qqa after a(21 emerpeiwy ifanapOHAfkn` a( � 3.Y litter UaMery'i. 1987.Tro - - ;err �mqr aaetfol. Tedfr Cairn)? Noma'iaab.CMrtar u. span d Weld' C57174.4 oanb Reed 7O. a0 a7 attar for of an bulge it FCw se exp reR The above and � The public persons injured their a mint son sonic M Movida umbel In ketkn fse an AmbdanW akiWrs (Bait) whendth .from neldMnKipn aervke pu kN a prMaeN In Service License or an arenewal Ambulance 818 AnabcieuuW Service shit motion Na 77-8 f eft on the Weld County Planning Corp 1M operatioe n of said immerse are are ndtls a ma in. _Wind Cou un1 ;eVMlBarot i�s� Vehicle Pdm1t- a"a - written statement- ' i ' motion duly merle an ascended, : mba0p (pt,to consideration d -maNm rtw1bsamIdaoryrse are wawa by thY, L 'at ao Departmumeon ent date E dime a e"YcpMn 9 inn-adopted to the,f°k!wkv vote on ' maabY�neerenced requeawn naMeMc-Or they:tedelaf,fel" "exOeDYaa LP-alb ence aPakants record are provide for wen leant mid data K 'day ° M CarvfttCw in lire Weld Cony safety sueceiMh`edministradon 35 dkhJs Or%'The set w;:, sr,inspectionet equip:Sent and -&d me=ensile ttumMf°the F COurUW ..scat►sucdeYOr.ageiny.:-: "saki. Mvkl•oe set they.",.veakla(s) to- detenbiM. pone- •Mar State'Seeema, Failure, ro BOARD:t�F COt1HTl' real.Ceonu, 975 Terrtn. separate Ortfkaehca; disuse wKh•this adiMnCa.p a =meant. EMT 'not OOMMISSICI ERS (Rreedebayy Coloreds-Commend 21-4 • •AteaWarce Secnce., - vehkb.1 cle or Eah at"Midi- cMiBw'to praWca'r'ariy.Weld WELD COUNTY :reou Doman-, rased to the slopes License"" Mat mean a non• ed rto th isms ahomedded t�aor a voed.',nerd. ;:. .. applfCa� =stir. the Weld...WttdV r• Ambulance ant altar KSf - shalt_be filed was the Depart- "nose a - Eer�aaalon _or JsceeeGM Johnson, '915 Tenth Room 342 . ee pt Privately ' eaChlAmbulanW aYO1a Ptah ,-,Bak.` metal wrchTn30.daye of mess(or :leeteaftes-or-LloMae or - -Caekmar '-GreeleYTidMYo 8083:hafde_. J i,yesCaun6^..ta ,acenw' . : ten veni°a teral4 Cwftleaal Permits the above eats,or AxeNantect onJfmwy 20 •ta AmbuNnoe . De4aaaL sip�Og tltat•11M•- -opratlpq 'Ioewtad Wald m to Wit allIS erfeler Include'a<•dr were.n'. Of the Upon aa deternsinationsec by the Gordon E -LecY.Tec 1 coon receipt-of f'a'ne r-veNdtseep r-1 ba4 Ro-j- •• n •,CoraeNY ... ...... ....: -aide;° :teaks aOA •—•tlpdy receipt d'd`raerleMde . toted-mdorepfyNi• ' .. rL:;. . ,....�: .- ..., ..'Copye-pfiStTj'e aDOacaTieniq� .' btloris and tiq tu0ent F 4 - - fit ,, mEmoRAnDum Vint Dr. Ralph Wooley, Director To Weld County ealth Dept. Date November 18, 1986 COLORADO From Michael O. Kelley, Assistant County Attorney Subject: Ambulance Ordinance • I enclose a copy of the final draft which I have prepared relative to the Ambulance Ordinance revision. Changes as directed have been made as follows: Section 1. 2 County's Emergency Services Program changed to Ambulance Services Rules and Regulations Section 2. 1-4 Language added clarifying license issue to Ambulance Services whose primary base of operation is in Weld County. Section 3.1 Fee language omitted. Section 3.2 Fee language omitted. Section 3.6-2 Telephone number added. . Section 3.10 Expiration date of December 31 of year issued reinserted in lieu of 12 months after issued; notice of expiration from the department to applicant by certified mail added, as directed. Section 4. 1 Waiver language as revised by Dr. Wooley reproduced. Section 4.2 This section was moved to 4.3 and a new Section 4.2 was added pursuant to the discretionary authority of CRS, 25-3.50-202, prohibiting employment of persons with criminal convictions in conformity with Section 3.6-7 (e) of the Ordinance. Please let me know if the same meets with your approval and I will place the same on the Board's Agenda for appropriate action thereon. cha ey i rm • xc: AI Palmguist (w/o enc.) Jerry Wones (w/o enc.) MONTFLY PAYROLL • . HANDWRITE APPROVAL FORM • WARRANT WARRANT NUMBER PAYEE AMOUNT 12574 SCHMIDT, WALTER 97.46 12609 MIKE LOOS I 1,742.59 12610 BOBBY R. BOWSER 399.99 . 17611 SAM P. SANDOVAL 413.47 12612 SARAH INGALLS 321.39 12614 DUANE M. MITCHELL 415.97 12622 LISA SIMPSON 997.55 12624 ARDTLL. JAMES 81.86 12625 EBNEST SCOTT 1,172.09 - _1767A, MARTTN77. RAM0N. 190.89 i i. fry 1- ,-- } NUMBER OF WARRANTS 10 _ TOTAL$5,833.26 :-. THE AMOUNT OF THESE HANDWRITES WILL BE INCLUDED IN THE MONTHLY PAYROLL TOTAL ON DECEMBER 29, 19 86 - STATE OF COLORADO ) ) SS COUNTY OF WELD ) SOCIAL SERVICES CLAIMS THIS IS TO CERTIFY THAT ALL ACCOUNTING AND BUDGETING PROCEDURES HAVE BEEN COMPLETED ON THE FOLLOWING LISTED CLAIMS AND THAT PAYMENTS SHOULD BE MADE TO THE RESPECTIVE PAYEES IN THE AMOUNTS SET OPPOSITE THEIR NAMES AS CERTIFIED BY THE DIRECTOR OF THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES, THE AMOUNTS BY CATEGORY ARE AS FOLLOWS: TOTAL WARRANTS CLAIMS AMOUNT ADC ADC-U 1 IV-D 50.00 OAP AND IRA AB GA MED. TRANS. ADM SERVICES CHILD WELFARE PAC 1 DC 553.70 LEAP OAP SUBTOTAL OAP SS 2 SUBTOTAL SS 603.70 GRAND TOTAL 603.70 • -DATED THIS 29th DAY OF December , 1986 .Pil7DIRECT 1/41. CE AND ADMINISTRATION SUBSCRIBED AND SWORN TO BEFORE ME THIS 29th DAY OF December , 1986 . c.pn� NOtARY PUBLIC MY COMMISSION EXPIRES: My Commission Expires Feb. 13,1989 STATE OF COLORADO ) ) SS. COUNTY OF WELD ) WE, THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HEREBY APPROVE THE CLAIMS AS SET FORTH ABOVE AND WARRANTS IN PAYMENT THEREFORE ARE HEREBY DRAWN UPON TUE SOCIAL SERVICES FUNDS AND CHARGEABLE AS STATED: ATTEST: „et 4.7.. � ,41 e'F WELD COUNTY CLERK AND RECORDER AND •��/�; , : /- CLERK TO THE BOARD ^ • DEPUTY COUWICCI DATE PRESENTED: .4(2.24 �i� '',',P,ri • • W � I tf i I W N W W .O -t I .o N 01011 M W C .' .O In .t' .t P M I O N N O W M I M: N 010 * I- I- PP P N InWInP P V 0 on 0 .r Ne .r0JIAP t O N CP+C ' I S N 0104 4 Zr • • _ • 0 • • • • I • N - • • N • ► • • • • • • • • t • V • • • • 1 • V • ♦ n aq N 7. .Oils I W .II MM1 IN4- - N W W N. 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T7ufl 1 IC i.:: . q rj K. • UL - E I ? i 1 SSINS No. : 6835 IN 86-103 UNITED STATES tif,4 dos 4 NUCLEAR REGULATORY COMMISSION `�� OFFICE OF INSPECTION AND ENFORCEMENT WASHINGTON, D.C. 20555 fro, ,'',7 7737 December 16, 1986 twa4i2 4 eggs ` I ii IE INFORMATION NOTICE NO. 86-103: RESPIRATOR COUPLING MW ASSEMBLE' 'A�It4JRES Addressees: All nuclear power reactor facilities holding an operating license or a con- struction permit and fuel fabrication facilities. Purpose: This information notice is being issued for two reasons. This notice is primarily provided to alert recipients to a mechanical failure of coupling nut assemblies used with Mine Safety Appliance (MSA) respirators. This notice also corrects erroneous statements contained in IN 86-46. Recipients are expected to review the information for applicability to their respiratory protection program and consider actions, if appropriate, to preclude similar problems at their facilities. However, suggestions contained in this notice do not consti- tute NRC requirements; therefore, no specific action or written response is required. Description of Circumstances: IE Information Notice 86-46, "Improper Cleaning and Decontamination of Respira- tor Protection Equipment," issued June 12, 1986, discusses how exposure to organic solvents produces cracking in plastic coupling nut assemblies on MSA respirators. This office has received several comments that IN 86-46 incor- rectly stated that the coupling nuts are used with the Ultra-Twin respirators. A check with MSA indicated that the coupling nut assembly (MSA Part 696547) is used with the ULTRA-WE face piece, not the Ultra-Twin. MSA redesigned the coupling nut assemblies discussed in IN 86-46. This new simplified design (supplied by MSA under the same part number as the old design) has not been completely successful. The Pilgrim Station recently has reported that several of the new design coupling nut assemblies have failed during mask removal. When the mask is removed by grasping the filter housing, the new design appears to concentrate the force onto the coupling assembly sealing flange. This leads to mechanical failure of the sealing flange which causes the filter (with the nut attached) to separate from the mask. As stated in IN 86-46, this coupling nut is also used to connect the Ultra-Vue face piece to the air supply hose o; an MSA self-contained breathing apparatus (SCBA). It is unclear whether the SCBA hose connection can produce the mechanical leverage necessary to break the coupling assembly seal flange; however, a damaged coupling assembly failing under use could lead to a life-threatening situation for the wearer. 8612110334 5c1 14-a9 dv IN 86-103 December 16, 1986 Page 2 of 2 MSA is currently reevaluating the coupling nut assembly to eliminate the failure mechanism noted by Pilgrim. In the interim, they have replaced the faulty coupling nuts from Pilgrim with the original designed style. Licensees experiencing problems with these coupling nuts should contact Eric Beck, Product-line Manager, MSA, Pittsburgh, PA, on (412) 273-5194. No specific action or written response is required by this inf.ormation2notice. If you have any questions about this matter, please contact the Regional Administrator of the appropriate regional office or this office. L. ordan, Director Divisio f Emergency Preparedness and E ineering Response Office of Inspection and Enforcement Technical Contacts_ Roger L. Pedersen, IE (301) 492-9425 James E. Wigginton, IE (301) 492-4967 _ Attachment. List of Recently Issued IE Information Notices Attachment 1 IN 86-103 December 16, 1986 LIST OF RECENTLY ISSUED IE INFORMATION NOTICES Information Date of Notice No. Subject Issue Issued to 86.102 Repeated Multiple Failures Of 12/15/86 All power reactor Steam Generator Hydraulic facilities holding Snubbers Due To Control an OL or CP Valve Sensitivity 86-101 Loss Of Decay Heat Removal 12/12/86 All PWR facilities Due To Loss Of Fluid Levels holding an OL or CP In Reactor Coolant System 86-100 Loss Of Offsite Power To 12/12/86 All PWRs or BWRs Vital Buses At Salem 2 holding an OL or CP 86-99 Degradation Of Steel 12/8/86 All power reactor Containments facilities holding an OL or CP 86-21 Recognition Of American 12/4/86 All power reactor Sup. 1 Society Of Mechanical facilities holding Engineers Accreditation an OL or CP Program -For 1i Stamp Holders • 86-98 Offsite Medical Services 12/2/86 All power reactor facilities holding • an OL or CP 86-97 Emergency Communications 11/28/86 All power reactor System facilities holding an OL or CP and fuel facilities 86-96 Heat Exchanger Fouling Can 11/20/86 All power reactor Cause Inadequate Operability facilities holding • Of Service Water Systems an OL or CP 86-95 Leak Testing Iodine-125 11/14/86 All NRC licensees Sealed Sources In Lixi , Inc. authorized to use Imaging Devices and Bone Lixi , Inc. imaging Mineral Analyzers devices 86-94 Hilti Contrete Expansion 11/6/86 All power reactor Anchor Bolts facilities holding an OL or CP ' ll OL = Operating License CP = Construction Permit UNITED STATES NUCLEAR REGULATORY COMMISSION RRST AMAX POSWASHINGTON, D.C. 20565 waste . was.D.C. nMAr No.Qo OFFICIAL BUSINESS PENALTY FOR PRIVATE USE. $3 Q 280632006315 1 1CO1CY1FB11S1 COUNTY OF WELD BD OF COUNTY COMMISSIONERS CHAIRMAN PO BOX 758 GREELEY CO 80632 RECORD OF PROCEEDINGS MINUTES • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 29, 1986 TAPE #86-82 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, December 29, 1986, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the + members thereof: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner G.W. Kirby - Commissioner Frank Yamaguchi - Arrived later Also present: Weld County Attorney, Thomas 0. David Acting Clerk to the Board, Mary Reiff MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 24, 1986, as printed. Commissioner Kirby seconded the motion and it carried with Commissioner Brantner abstaining because he was excused from said meeting. ADDITIONS: Chairman Johnson added as item #10 under New Business: Consider Letter re: Maintenance of WCR 69 & 50. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Kirby seconded the motion and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: Reporting on Engineering Services, Commissioner Lacy said that over 401,000 tons of gravel have been crushed and screened this year, and 479 miles of road have been graveled, which is 137% of the goal for 1986. Let the record reflect that Commissioner Yamaguchi is now present. WARRANTS: Don Warden presented the following warrants for approval by the Board: General fund $ 76,851.85 Social Services 204,383.11 Handwritten warrants: General fund 127.60 Commissioner Lacy moved to approve the warrants as presented by Mr. Warden. Commissioner Kirby seconded the motion which carried unanimously. 4 BIDS: PRESENT AND APPROVE OIL & GAS LEASES (19 PARCELS): Bette Rhoden, Purchasing Director, said that Parcel 49 is being withdrawn due to a question regarding the title. Mr. Warden reviewed the County Policy regarding Oil and Gas Leases. Ms. Rhoden then opened the bids and presented then as follows: Parcel 1 230.0 Net Mineral Acres - NE}, E} SE$, Section 30, Township 8N, Range 59W Diversified Operating Corporation, of Denver, submitted the only bid for this parcel. They submitted a bonus amount of $4,600.00, which is $20.00 per acre. Commissioner Kirby moved to accept the bid of Diversified Operating Corporation on this parcel. The motion, seconded by Commissioner Yamaguchi, carried unanimously. Parcel 2 160.0 Net Mineral Acres - EiEi, Section 20, Township 8N, Range 57W Only one bid was received on this parcel. Petroleum Energy Corporation, of Denver, bid a total of $1,600.00, $10.00 per acre. Commissioner Brantner moved to accept the bid received from Petroleum Energy Corporation. Commissioner Lacy seconded the motion which carried unanimously. Parcel 3 160.0 Net Mineral Acres - NW}, Section 29, Township 8N, Range 57W Petroleum Energy Corporation submitted the only bid received on this parcel. Their bid was for a bonus amount of $1,600.00, which is $10.00 per acre. Commissioner Brantner moved to accept the bid of Petroleum Energy Corporation for this parcel. Seconded by Commissioner Lacy, the motion carried unanimously. Parcel 4 326.37 Net Mineral Acres - Ei, Section 2, Township 8N, Range 60W No bids were received on this parcel. Parcel 5 160.0 Net Mineral Acres - NW}, Section 11, Township 11N, Range 61W No bids were received on this parcel. Parcel 6 320.0 Net Mineral Acres - Ni, Section 24, Township 5N, Range 61W The only bid received, for a bonus amount of $8,000.00, $25.00 per acre, was submitted by Kilroy Company of Texas, Inc. Commissioner Lacy moved to accept the bid of Kilroy Company of Texas, Inc. on this parcel. Commissioner Kirby seconded the motion and it carried unanimously. Parcel 7 120.0 Net Mineral Acres - SEINWI, E}SW}, Section 23, Township 9N, Range 57W No bid was received on this parcel. Minutes - December 29, 1986 Page 2 Parcel 8 240.0 Net Mineral Acres - SE}, S}NE}, Section 25, Township 9N, Range 57W The only bid received for this parcel was from Nolan Ashburn, of Denver, who bid $2,400.00, which is $10.00 per acre. Commissioner Lacy moved to accept the bid from Nolan Ashburn on this parcel. Commissioner Brantner seconded the motion which carried unanimously. Parcel 9 This 315-acre parcel located in the Si of Section 30, Township 8N, Range 58W was withdrawn from the bid list due to a question concerning the title. Parcel 10 160.0 Net Mineral Acres - SW}, Section 31, Township 9N, Range 60W Only one bid was received on this parcel. Kilroy Company of Texas, Inc. submitted a bid for a bonus amount of $1,600.00, being $10.00 per acre. Commissioner Lacy moved to accept this bid from Kilroy Company of Texas, Inc. The motion was seconded by Commissioner Kirby and carrried unanimously. Parcel 11 160.0 Net Mineral Acres - NW}, Section 34, Township 12N, Range 61W No bid was submitted on this parcel. Parcel 12 321.16 Net Mineral Acres - Ni, Section 3, Township 7N, Range 63W PanCanadian Petroleum Company, of Denver, submitted the only bid on this parcel. They submitted a bonus amount of $5,623.51, which is $17.51 per acre. Commissioner Lacy moved to accept the bid of PanCanadian Petroleum Company on this parcel. Seconded by Commissioner Kirby, the motion carried unanimously. Parcel 13 639.42 Net Mineral Acres - All of Section 5, Township 7N, Range 63W The only bid submitted on this parcel was from PanCanadian Petroleum Company, of Denver. Their bid, a total of $11,196.24, was $17.51 per acre. Commissioner Lacy moved to accept this bid for this parcel submitted by PanCanadian Petroleum Company. Commissioner Kirby seconded the motion and it carried unanimously. Parcel 14 320.0 Net Mineral Acres - Si, Section 4, Township 7N, Range 63W PanCanadian Petroleum Company, of Denver, was the only bidder on this parcel. They submitted a bonus amount of $5,603.20, which is $17.51 per acre. Commissioner Kirby moved to accept this bid of PanCanadian Petroleum Company on this parcel. The motion was seconded by Commissioner Lacy and carried unanimously. Minutes — December 29, 1986 Page 3 Parcel 15 560.0 Net Mineral Acres - NE}, S}NW}, Si, Section 9, Township 7N, Range 63W The only bid received on this parcel was from PanCanadian Petroleum Company, of Denver, who submitted a bonus amount of $9,805.60, being $17.51 per acre. Commissioner Lacy moved to accept the bid submitted by PanCanadian Petroleum Company on this parcel. Commissioner Brantner seconded the motion which carried unanimously. Parcel 16 320.0 Net Mineral Acres - Si, Section 17, Township 7N, Range 63W No bids ware received on this parcel. Parcel 17 52.56 Net Mineral Acres - SW} (1/3 Interest), Section 18, Township 7N, Range 63W No bids were received on this parcel. Parcel 18 640.0 Net Mineral Acree - All of Section 21, Township 7N, Range 63W No bids were received on this parcel. Parcel 19 640.0 Net Mineral Acres - All of Section 23, Township 7N, Range 63W No bids were received on this parcel. BUSINESS: OLD: FINAL READING OF ORDINANCE #77-B - IN MATTER OF REPEAL AND RE-ENACTMENT WITH AMENDMENTS TO ORDINANCE #77-A, AMBULANCE SERVICES RULES AND REGULATIONS: Commissioner Lacy moved that Ordinance #77-B be read into the record by title only and Commissioner Brantner seconded the motica. No objections being voiced, the motion carried unanimously. Tom David, County Attorney, read Ordinance #77-B into the record by title. Commissioner Lacy moved to approve Ordinance #77-B on final reading and authorize the Clerk to the Board to publish forthwith. Commissioner Kirby seconded the motion and it carried unanimously. NEW: CONSIDER RESOLUTION RE: LAW ENFORCEMENT AGREEMENT WITH TOWN OF HUDSON AND AUTHORIZE CHAIRMAN TO SIGN: Lt. McGuirk, of the Sheriff's Department, said that the Town of Hudson has contracted with the Sheriff's Department for law enforcement for several years. For 1987, they are going to a full—service agreement, calling for approximately 35 hours per month, rather than the open agreement of previous years. Commissioner Brantner moved to approve the Resolution regarding the Law Enforcement Agreement with the Town of Hudson and authorize the Chairman to sign. Commissioner Lacy seconded the motion which carried unanimously. CONSIDER AGREEMENT WITH DANIEL I. CORRELL AND AUTHORIZE CHAIRMAN TO SIGN: Chuck Cunliffe, Director of Planning Services, said this agreement is for the examination of plans, and recommended approval. Commissioner Lacy moved to approve the agreement with Daniel I. Correll and authorize the Chairman to sign. The motion, seconded by Commissioner Kirby, carried unanimously. Minutes — December 29, 1986 Page 4 CONSIDER SUBORDINATION AGREEMENT WITH PARKLAND HOMEOWNERS ASSOCIATION AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, Assistant County Attorney, explained that this Subordination Agreement reflects the sale of two lots in Parkland Estates and the paving of Rue de Trust. Now the Board needs to subordinate its right to certain lots in the Deed of Trust to Frontier Materials. Commissioner Yamaguchi moved to approve the Subordination'Agreement with Parkland Homeowners Association and authorize the Chairman to sign. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER AUTHORIZATION FOR ETC ESCROW COMPANY TO RELEASE FUNDS CONCERNING RUE DE TRUST AVENUE IN PARKLAND ESTATES AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained this authorization is necessary to pay for the paving of Rue de Trust Avenue, and recommended approval. Commissioner Brantner moved to approve said authorization and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER LErrER OF UNDERSTANDING WITH MANAGEMENT ADVISORS, INC. CONCERNING AIRPORT AUTHORITY AUDIT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said that in 1983, a request for the audit of an outside agency, similar to the Airport Authority, was made, and at that time, his office determined that the audit power of the County Council does not extend beyond agencies within the framework of County government. Subsequent legislation has been researched and no change has been found. Mr. David said that approval of this Letter of Understanding would be an expenditure of funds beyond the power of the Board. Therefore, he recommended that the County Council be so advised and that the Board not approve this Letter of Understanding. Commissioner Lacy moved to deny the Letter of Understanding with Management Advisors, Inc. concerning an audit of the Airport Authority. Commissioner Brantner seconded the motion and it carried unanimously. CONSIDER MEDICAL CONSULTATION/PEDIATRICS CONTRACT WITH DR. ROBERT D. HARTLEY AND AUTHORIZE CHAIRMAN TO SIGN: Dan Fowler, of Social Services, said this Contract calls for a expenditure not to exceed $1,500 during 1987 and recommended approval of said Contract. Commissioner Brantner moved to approve the Medical Consultation/Pediatrics Contract with Dr. Robert D. Hartley and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER PSYCHIATRIC CONSULTATION CONTRACT WITH DR. THERON SILLS AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Fowler recommended approval of this Contract. Commissioner Brantner moved to approve the Psychiatric Consultation Contract with Dr. Theron Sills and authorize the Chairman to sign. Commissioner Lacy seconded the motion and it carried unanimously. CONSIDER RESOLUTION RE: CORRECTION TO SE #285 - WEBSTER LAND AND CATTLE COMPANY: Mr. Cunliffe explained that the Resolution for SE #285, approved for Webster Land and Cattle Company, did not accurately describe the created parcel and he recommended approval of this Resolution correcting the legal description. Commissioner Kirby moved to approve said Resolution. The motion, seconded by Commissioner Lacy, carried unanimously. Minutes — December 29, 1986 Page 5 • CONSIDER EMERGENCY ORDINANCE #140-C, SUPPLEMENTAL APPROPRIATION FOR 1986: Mr. Warden explained that this is the third and final 1986 Supplemental Appropriation, which reflects the movement of funds and the accommodation of various grants. After reviewing the funds affected, Mr. Warden read Emergency Ordinance #140-C into the record. Commissioner Kirby moved to approve Emergency Ordinance 8140-C and authorize the Clerk to the Board to publish forthwith. Commissioner Lacy seconded the motion which carried unanimously. CONSIDER LETTER RE: MAINTENANCE OF WCR 69 & 80: Commissioner Lacy moved to refer the letter from Alen Novak regarding the maintenance of Weld County Roads 69 & 80 to the Road and Bridge Department. The motion was seconded by Commissioner Kirby and carried unanimously. Commissioner Brantner requested to be excused from the Board meeting of Wednesday, December 31, 1986, and it was the concensus of the Board to excuse him from said meeting. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. Ordinance #77-B was approved on final reading and Emergency Ordinance #140-C was read and approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:35 A.M. APPROVED: ATTEST: s� '7�¢Jj_"^^✓�n J BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder �. _., __\ .t. ,e �►�.,. % and Clerk to the Boar 3:cque e Jo , Chairman By: 4 - Deputy ty.,C Go• : ."'. 9, .. s.,6111 EXCUSED DATE OF OVAL Gene R. Brantner g/ as �.�� C.W. Kirby Fr. j !/ Minutes - December 29, 1986 Page 6 RECORD OF PROCEEDINGS AGENDA Wednesday, December 31, 1986 Tape 086-82 & $86-83 ROLL CALL: Jacqueline Johnson, Chairman Gordon E. Lacy, Pro-Tem Gene R. Brantner C.W. Kirby Frank Yamaguchi MINUTES: Approval of minutes of December 29, 1986 CERTIFICATION OF HEARING: Hearing conducted on December 29, 1986: 1) Increased Land Use Application fees ADDITIONS TO AGENDA: Item 89 under New Business: Consider establishment of Sheriff's Commissary Fund; and Item $1 under Planning - Minor Subdivision - Kahn & Waterford Ranch Company APPROVAL OF CONSENT AGENDA: COUNTY FINANCE OFFICER: 1) Warrants (Donald Warden) BIDS: 1) Present aerial mapping — Assessor's Office (Bette Rhoden) BUSINESS: OLD: NEW: 1) Consider Agreement between Housing Authority and Dept. of Social Services and authorize Chairman to sign 2) Consider Vision Care Contract with WC Association of Optometrists and Ophthalmologists and authorize Chairman to sign 3) Consider Dental Care Contract with WC Dental Society and authorize Chairman to sign 4) Consider Letter of Understanding with Management Advisors, Inc. concerning Sheriff's Dept. audit and authorize Chairman to sign 5) Consider request for installation of traffic control devices at intersection of WCR 6 & WCR 59 6) Consider Division Order from Permian Corporation on NW}SE}, S12, T5N, R65W and authorize Chairman to sign 7) Consider Agreement for Lease of Premises for Highway Purposes with Union Pacific Railroad Company and authorize Chairman to sign 8) Consider revision to Dislocated Farmer/Rancher Program and authorize Chairman to sign l'• - CONSENT AGENDA APPOINTMENTS: Jan 1 - HAPPY NEW YEAR Jan 5 - Work Session 1:30 PM Jan 8 - Town & County meeting re: AIR Program 7:00 PM HEARINGS: Jan 7 - COZ, A to PUD, Bay Shores PtD 2:00 PM Jan 14 - USR, Change in non-conforming use (cultured marble fabrication business) , Robert See 2:00 PM Jan 14 - USR, Livestock confinement operation (2,400 Head Dairy), Aurora Capital Corporation 2:00 PM Jan 21 - Final plan, P£erd Himmel PUD 2:00 PM REPORTS: COMMUNICATIONS: 1) Public Utilities Commission Case 06329 2) Dept. of Highways Newsletter 086-53 3) Nuclear Regulatory Commission Info. re: Port St. Vrain (available in Clerk to Board's Office) 4) Notice of Claim re: D.O.H. Farms, et al. 5) Board of Assessment Appeals - Findings & Order re: Stander & Fenno Production Company 6) City of Longmont re: Purchase of Union Reservoir RESOLUTIONS: * 1) Approve Agreement with Daniel I. Correll * 2) Approve Subordination Agreement with Parkland Homeowners Association * 3) Approve authorization for ETC Escrow Company to release funds concerning Rue de Trust Avenue in Parkland Estates * 4) Approve Medical Consultation/Pediatrics Contract with Dr. Robert D. Hartley * 5) Approve Psychiatric Consultation Contract with Dr. Theron Sills * 6) Approve Action of Board concerning maintenance of portions of WCR 69 & WCR 80 * 7) Approve Oil & Gas Lease to Diversified Operating Corporation on NES, EiSEi, 530, T8N, R59W * 8) Approve Oil & Gas Lease to Petroleum Energy Corporation on E}E}, 520, TBN, R57W * 9) Approve Oil & Gas Lease to Petroleum Energy Corporation on NW}, 529, TBN, R57W * 10) Approve Oil & Gas Lease to Kilroy Company on Ni, $24, T5N, R61W * ii) Approve Oil & Gas Lease to Nolan Ashburn on SE}, S}NE}, $25, T9N, R57W * 12) Approve Oil & Gas Lease to Kilroy Company on SW}, S31, T9N, R60W * 13) Approve Oil & Gas Lease to PanCanadian Petroleum Company on Ni, $3, T7N, R63W * 14) Approve Oil & Gas Lease to PanCanadian Petroleum Company on S5, T7N, R63W * 15) Approve Oil & Gas Lease to PanCanadian Petroleum Company on Si, S4, T7N, R63W * 16) Approve Oil & Gas Lease to PanCanadian Petroleum Company on NEI, S}NW}, Si, S9, T7N, R63W * 17) Deny Letter of Understanding with Manaagement Advisors, Inc. concerning Airport Authority audit * 18) Approve increased fees for Land-Use Permit Applications * Signed at this meeting • • RESOLUTION RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND DANIEL I. CORRELL AND AUTHORIZE CHAIRMAN 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 agreement between Weld County and Daniel I. Correll for the examination and approval of building plans submitted to the Weld County Department of Planning Services, Building Inspection Division, and WHEREAS, the term of said agreement is from January 1, 1987, through December 31, 1987, and WHEREAS, under the terms of said agreement, Daniel I. Correll will received $15.00 per hour, not to exceed $10,000, and WHEREAS, the further terms and conditions are as stated in the agreement, a copy of which is attached hereto and incorporated herein by reference. - WHEREAS, the Board deems it advisable to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreement between Weld County and Daniel I. Correll be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. /67/OO S3 - rCJ CCc?c 861238 Cort4.11 Page 2 RE: AGREEMENT - CORRELL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. %yg� y . BOARD OF COUNTY COMMISSIONERS ATTEST: n t&wvActejet/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J. que`►e ne..'.y so , C airman BY: � ,. . . 'v%.�_ , -o-Tem De ut Deputy/ pun y erk EXCUSED DATE O SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner 'ediC OL )�e-7dal C.W. Kirb County Attorney ' 1 &A Fra k amd 0 861238 • • - No. 0047 COUNTY OF WELD, STATE OF COLORADO STANDARD AGREEMENT TIIS AGREEMENT, made and entered into this '29thr day of 'December - 19 86 , by and between the COUNTY OF WELD-, State of-Colorado, hereinafter called the County, and Daniel I. Correll- hereinafter called the Contractor. • WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the County hereinafter expressed, does hereby agree to furnish to the County services and materials, as follows, and/or as described on exhibits attached to and incorporated herein. -(Set forth service to be rendered by Contractor, County Department receiving service, Contractor's qualifications, and additional provisions incorporated.) b urination and approval of: the two (2) sets of residential building plans or three (3) sets of commercial andjor industrial building plans submitted with permit applications made to the Weld County Department of Planning Services, Building Inspection Division. Plan shall be reviewed in,accordance with the requirements of the Weld County Building Code, current edition. Co rections shall: be noted on the individual plan sets and check list. A check list shall be completed and attached to each plan review. CONTRACT PERIOD will be from _January 1, 1987 through .December 31, 1987 . COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $ 15.00 per hour and/or The total amount paid by County to_ Contractor.,under thisagreement shall not exceed the sum of $ 10,000.00 ADDITIONAL PROVISIONS set ;forth on.-the reverse side hereof constitute,a part- of this': agreement. IN WITNESS WHEREOF, the=parties hereto have- executed this agreement as of -the day and year first above written. COUNTY OF WELD ,CONTRACTOR By DANIEL.I. CORRELL C irm Board County I 0mmiss7oner5:�' 'By �` ATTEST: '/ c 7 ✓ i ^a _•°,a✓ n nng Examiner Title By 3424 W_ 6th `Stivet, Greeley, Colorado 80631 Deputy-c, ty. l " Approved— o , Address Purch. in, 524-68-695b Di :f•. . i a ce & SS# or A.ninist ation 861238 ADDITIONAL PROVISIONS 1 . Contractor agrees that it is an independent Contractor and that its officers and employees do not become employees of County nor are they entitled to any employees benefits as County employees as a result of the execution of this agreement. 2. Contractor shall indemnify County, its officers and employees against lia- bility for injury or damage caused by any negligent act or omission of any of its employees or volunteers or agents in the performance of this agree- ment and shall hold County harmless from any loss occasioned as a result of the performance of this contract by Contractor. The Contractor shall provide necessary workman's compensation insurance at Contractor's own cost and expense. 3. No officer, member or employee of County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in this agree- ment or the proceeds thereof. No employee of Contractor nor any member of an employee's family shall serve on a County board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 4. Contractor may not assign or transfer this agreement, any interest therein or claim thereunder without the :prior written approval .of County. 5. Payment to Contractor will be made only upon presentation of a proper claim by Contractor subject to the approval of the County Department or Agency for which the services have been performed. 6. County shall have access to Contractor's financial records for purposes of audit. Such records shalt be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit pur- poses for five years after final payment hereunder. 7.. County may terminate this agreement at any time by giving Contractor a ten day written notice of such sooner termination and may be terminated at any time without notice upon a material breach of the terms of this agreement by Contractor. 8. Time is of the essence in each and all the provisions of this agreement. 9. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 10. Contractor shall not :be•a]lowed or paid travel expenses unless set forth in this agreement. 11 . Contractor assures that it will comply with Title VI of the Civil. Rights Act of 1964 and that no person shall , on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this agree- ment. 12. County shall have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, use, and to authorize others to do so, all original computer programs, writing, sound recordings, pictorial reproductions, draw- ings and other works of similar nature produced in.the course of'or under this agreement; and Contractor shall not publish any such material without prior written consent of 'County. 13. Contractor agrees that determinations of rights to inventions made.,in -the course of or under this agreement shall be made byCounty; and that County. • shall acquire an irrevocable, non-exclusive, and royalty-free license to practice and use, and .let any public agency practice and use, any such invention. 41 a RESOLUTION RE: APPROVE SUBORDINATION AGREEMENT BETWEEN PARKLAND HOMEOWNERS ASSOCIATION, INC. AND WELD COUNTY AND AUTHORIZE CHAIRMAN 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 a Subordination Agreement between Parkland Homeowners Association, Inc. and Weld County, 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 Subordination Agreement between Parkland Homeowners Association and Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 December, A.D. , 1986. ' - BOARD OF COUNTY COMMISSIONERS ATT S: avvvi_-Gn frirj WELD COUNTY, COLORADO / ;�. (�, We and Recorder an ete i1 Board J ccu i nso , C airman r -Tem BY: �� ll/?r Cvie, Lac ,Deputy Countrk EXCUSED DATE OF SIGNING - AYE APPROVED TO FORM: Gene R. Brantner e-01,174,-- C.W. Kirb ' ' C:C: :)C-e-e--C /- County Attorney . Fa � B 1141 REC 02083381 01/05/87 15:22 $0.00 3/003 F 1097 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r--- Jx5 / 861252 P , I AR2083381 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is made effective this 28th day of October, 1986, between THE PARKLAND HOMEOWNERS ASSOCIATION, INC. , as owner of the land (hereinafter referred to as "Owner) whose address is 4732 Sylvia Lane, Erie, Colorado 80516, and COUNTY OF WELD, STATE OF COLORADO, the beneficiary of that certain undertaking by the owner entitled "Assumption of Subdivision Agreement" (hereinafter referred to as the "Undertaking") and secured by a Deed of Trust, whose address is 915 10th Street, Greeley, Colorado 80631, (hereinafter: referred to as "Beneficiary") . RECITALS The Parkland Homeowners Association, Inc. , the owner of certain parcels of real property situate in the County of Weld, State of Colorado, more fully described as follows: Lots 1, 12, 13, 18, 20, 21, 22 and 23 , Block 1; Lots 2 and 3, Block 2; Lot 6 , Block 3; and Lot 7, Block 4, PARKLAND ESTATES, a Subdivision of WELD COUNTY did execute a Deed of Trust dated October 17, 1984, to the Public Trustee in and for the County of Weld to secure the Undertaking dated October 17, 1984, and payable to Weld County. Said Deed of Trust was recorded on November 16 , 1984, in Book 1049 , Reception No. 1988865, of the records of said county. The owner has executed, or will execute, a Deed of Trust and note in the original principal amount of $44,960.00 bearing interest at the rate of 12% per annum, dated. October 28, 1986, payable to Frontier Materials, Inc. (hereinafter referred to as "Lender") . It is the desire of the parties and to the mutual benefit of all parties that the lien of the Deed of Trust in favor of the Beneficiary be subordinate to the lien of the Deed of Trust for the use and benefit of the Lender. NOW, THEREFORE, for and in consideration of the mutual benefits accruing to the parties hereto, and the promises set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 8 1141 REC 02083381 01/05/87 15:22 $0.00 1/003 F 1095 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 861252 1. The Deed of Trust securing said note in favor of the Lender, together with extensions or renewals thereof, shall unconditionally be, and at all times remain, a lien or charge upon the property described therein which is prior and superior to the lien or interest created by the Deed of Trust held by the Beneficiary. 2. This agreement shall be controlling with regard to the priority of the Deeds of Trust specified above, and the terms hereof shall supersede any provisions contained in the Deed of Trust for the use and benefit of the Beneficiary regarding subordination. 3. The Beneficiary has reviewed the terms and conditions of the note and Deed of Trust in favor of the Lender, and hereby approves those terms and conditions, together with those terms and conditions of all other agreements between the Lender and the Owner. Beneficiary understands that the Lender is under no obligation to supervise the application of the proceeds received from the Lender, and Beneficiary agrees that an endorsement will be placed upon the Undertaking held by the Beneficiary to the effect that the Deed of Trust securing said Undertaking has been subordinated to the lien created by the Deed of Trust for the use and benefit of the Lender named above. Beneficiary understands that the Lender may not have made the loan or may not have advanced funds to the Owner without this Subordination Agreement. County of Weld, State of Colorado ATTEST: .47,11-' +C��-��..FFI �_ A , i, r .�. ,•r ..,• Ch• i n, oard County Commissioners BY Deputy' k STAT 70k O ) ss. COUNTY Or The foregoing instrument was subscribed and sworn to before in the County of this day of , 19 , by Witness my hand and official seal. My commission expires: Notary Public Address: JTA2d -2- B 1141 REC 02083381 01/05/87 15:22 $0.00 2/003 F 1096 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 1EMORRf DU Board of To county_ Commissioners Date December 24, 1986 COLORADO From Bruce T. Barker, Assistant County Attorney Subordination Agreement and Letter to HTC Subject: Escrow Company for the Paving of Rue-de-Trust in the Parkland Estates Subdivision As you may recall, on October 17, 1984, the Board of County Commissioners approved a complex deal for the paving of the streets and cul-de-sacs within the Parkland Estates Subdivision. The deal went like this: The Parkland Homeowners Association asked that Board to release approximately $100,000 in escrow so that the Association could pave the runway in the Subdivision. In exchange, the Association gave the Board fourteen lots in a Deed of Trust, and an agreement whereby all proceeds from the sale of those lots would be used for the paving of the streets and cul-de-sacs. The Parkland Homeowners Association contracted at that time with Frontier Materials for a three-phase paving program. Phase I was the paving of the runway in 1984. Phase II was the paving of Rue-de-Trust between Weld County Roads 3 and 5, to be completed by November 1, 1986. Phase III is the paving of the remaining streets: and cul-de-sacs in the Subdivision, to be completed by December 31, 1989. Frontier agreed to this arrangement only if after the paving of each phase, the Board of County Commissioners would subordinate its Deed of Trust on the fourteen lots to Frontier to secure the payment of the paving costs. So far, Phase I and Phase II have been completed. The runway was paved in May or June of 1985. Rue-de-Trust was paved on or about October 27, 1986. The Board subordinated the Deed of Trust to Frontier for the remaining costs of paving the runway back in the Spring of 1986. The Parkland Homeowners Association has paid Frontier in total for the paving of the runway, and therefore the first subordination to Frontier has been released. The Parkland Homeowners Association is now asking the Board of County Commissioners to subordinate the Deed of Trust to Frontier for the remaining cost of the paving of Rue-de-Trust which is $44,960.00. The Parkland Homeowners Association is also requesting the Board of County Commissioners to approve Jackie' s signature on the letter from Tom Ayres. That letter will authorize ETC Escrow Company to release the $30,100 in the escrow to United Bank of Denver and to Frontier Materials. A few months ago, the Homeowners Association took out a loan of $25,000 from the United Bank of Denver to pay Frontier Materials as a deposit for the paving of Rue-de-Trust. The $30,100 will first be paid to United Bank as repayment for the $25,000 loan. The remainder will be paid to Frontier Materials as a reduction of the $44,960. I would fsc , Board of County Commissioners Page 2 December 24, 1986 estimate that the Homeowners Association will have $2,000 to $3,000 out of the $30,100 to pay to Frontier for Rue-de-Trust. Thus, the amount will be reduced to approximately $42,000. On Friday, December 19, 1986 , the Parkland Homeowners Association sold another lot in the Deed of Trust for about $29,500. That amount will be put into the escrow, and it will eventually be paid to Frontier Materials for the paving of Rue-de-Trust. After this occurs, the total amount to be paid to Frontier for the paving of Rue-de-Trust will be reduced to about $12,500_ I would therefore recommend that the Board authorize Jackie's signature on the Subordination Agreement and on the letter from Tom Ayres. J � n Bruce T. Barker Assistant County Attorney BTB:ss RESOLUTION RE: APPROVE AUTHORIZATION FOR ETC ESCROW COMPANY TO RELEASE FUNDS CONCERNING RUE DE TRUST AVENUE IN PARKLAND ESTATES AND AUTHORIZE CHAIRMAN 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, pursuant to the Escrow Agreement between Weld County and Parkland Homeowners Association, approved by Resolution dated October 15, 1986, the Board has been presented with an Authorization for HTC Escrow, Inc. to release funds concerning Rue de Trust Avenue in Parkland Estates, and WHEREAS, after review, the Board deems it advisable to approve said Authorization, 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 Authorization for HTC Escrow Company to release funds concerning Rue de Trust Avenue in Parkland Estates be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Authorization. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. � � BOARD OF COUNTY COMMISSIONERS ./j�ATTEST: `` emu / • / WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Ta qu-sine so. , airman BY: 7 C ',li a,7 , •-Tem Deputy/Win /1g EXCUSED DATE •SIGNING - AYE APPROVED AS TO FORM: t Gene R. Brantner Kr--5. 1. C.�.Birby/ P County Attorney Fr PLoo CI C ' lo�;G. a.:ct -G F1 861251 Or Q, yciu% ie,d !o 4y DEC1G1986 CLANAF;AN, TANNER, DOWNING 'AN Q KNOWLTON � I, DEC AT LAW - �1� ATTORNEY,YsszcpaS cn BARKLEY L.CLANAHAN JAMES T.AYERS.JR DENVER. COLORADO 80203` IRA E.TANNER.JR. SRERYL L. HOWE TELEPHONE (303) S30-9111 RICHARD DOWNING.JR. HARRY S. MORROW T£LECOPIER (3O3) 030-0299 DAVID C. KNOWLTON PETER T. MOORE THOMAS C. MCKEE - - DENIS B. CLANAHAN SPECIAL couNSCL MICHAEL J. WOZNIAK JOSEPH K. REYNOLDS December 15, 1986 Bruce T. Barker, Esq. Assistant County Attorney Office of County Attorney P. O. Box 1948 Greeley, Colorado 80632 Re: Escrow Agreement between Parkland Homeowners Association Weld County, Colorado Our File No. 00068.001 Dear Bruce: On behalf of ETC Escrow Company, Inc. , enclosed find the United Bank of Denver bank statement dated November 28, 1986 for money market account 840476 in connection with the referenced matter. The signature below of the Chairman of the Board of County Commissioners shall authorize HTC Escrow, pursuant, to the referenced Escrow Agreement, to pay off the Homeowners Association's $25, 000.00 loan at the United Bank of Denver which was obtained to pay the initial cost of paving Rue de Trust Avenue. Further, said signature shall also authorize HTC Escrow to apply the balance of the funds held in escrow in partial payment of the enclosed invoice number 3795 from Frontier Materials to Parkland for the completion of Rue de Trust. Please call if you have any questions. Very truly yours, 14 James T. Ayers, r. JTA/mjb Encl. MISC2c 861251 Bruce T. Barker, Esq. December 15, 1986 Page 2 BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO By•Airm e hial-- ATTEST: �9 ir,?ro ,..n Weld County Clerk and Recorder Clerk to the Board By: / Gl!/>� • A mEmoRAnDum Wilk Board of ro County Commissioners Date December 24, 1986 COLORADO From Bruce T. Barker, Assistant County Attorney Subordination Agreement and Letter to HTC Sublecr Escrow Company for the Paving of Rue-de-Trust in the Parkland Estates Subdivision ' As you may recall, on October 17, 1984, the Board of County Commissioners approved a complex deal for the paving of the streets and cul-de-sacs within the Parkland Estates Subdivision. The deal went like this: The Parkland Homeowners Association asked that Board to release approximately $100,000 in escrow so that the Association could pave the runway in the Subdivision. In exchange, the Association gave the Board fourteen lots in a Deed of Trust, and an agreement whereby all proceeds from the sale of those lots would be used for the paving of the streets and cul-de-sacs. The Parkland Homeowners Association contracted at that time with Frontier Materials for a three-phase paving program. Phase I was the paving of the runway in 1984. Phase II was the paving of Rue-de-Trust between Weld County Roads 3 and 5, to be completed by November 1, 1986. Phase III is the paving of the remaining streets.' and cul-de-sacs in the Subdivision, to be completed by December 31, 1989. Frontier agreed to this arrangement only if after the paving of each phase, the Board of County Commissioners would subordinate its Deed of Trust on the fourteen lots to Frontier to secure the payment of the paving costs. So far, Phase I and Phase II have been completed. The runway was paved in May or June of 1985. Rue-de-Trust was paved on or about October 27, 1986. The Board subordinated the Deed of Trust to Frontier for the remaining costs of paving the runway back in the Spring of 1986. The Parkland Homeowners Association has paid Frontier in total for the paving of the runway, and therefore the first subordination to Frontier has been released. The Parkland Homeowners Association is now asking the Board of County Commissioners to subordinate the Deed of Trust to Frontier for the remaining cost of the paving of Rue-de-Trust which is $44,960.00. The Parkland Homeowners Association is also requesting the Board of County Commissioners to approve Jackie`s signature on the letter from Tom Ayres. That letter will authorize HTC Escrow Company to release the $30,100 in the escrow to United Bank of Denver and to Frontier Materials. A few months ago, the Homeowners Association took out a loan of $25,000 from the United Bank of Denver to pay Frontier Materials as a deposit for the paving of Rue-de-Trust. The $30,100 will first be paid to United Bank as repayment for the S25,000 loan. The remainder will be paid to Frontier Materials as a reduction of the $44,960. I would �i6Gr�. -"Board of County Commissioners Page 2 December 24, 1986 • estimate that the Homeowners Association will have $2,000 to $3,000 out of the $30,100 to pay to Frontier for Rue-de-Trust. Thus, the amount will be reduced to approximately $42,000. On Friday, December 49, 1986 , the Parkland Homeowners Association sold - another lot-- in -the' Deed of 'Trust-for-about "$29,500. That amount will be put into the escrow, and it will eventually be paid to Frontier Materials for the paving of Rue-de-Trust. After this occurs, the total amount to be paid to Frontier for the paving of Rue-de-Trust will be reduced to about $12,500. would therefore recommend that the Board authorize Jackie's signature on the Subordination Agreement and on the letter from Tom Ayres. - • i cy•- C ( CBrithe T. Barker Assistant County Attorney BTB:ss - r _ • PRONTIER, - • , • Wat Ua ts, the. 3600 Hwy.52,Erie.CO 80516-Phone(3O3)776-8962 INVOICE Sold to_ Parkland Home Owners Assoc 4732 Syliea Lane Erie, Co 80516 Invoice Date 20-28-00"6 Job NO. 86-074 Date Description - Charges Base & Pave $69.960.00 Phase II Rue De Trust Previous Balance Charges Credits 25,300. 00 Terms:Due aO days from invoice date. Please Pay This Amount Finance Charge of 2%per month,which is an $44, 60.00 annual percentage rate of 24%will be charged on past due accounts. INVOICE NO. ^;^ r.fr-._a$ CPC roam 143 Direct Inquiries To: - - H UNITED DANK OF DENVER, N.A. g United Bank ONE UNITED BANK CENTER Bank 1700 BRCADAAY StetementFor DENVER, COLORADO 80274 UNITED MONEY MARKET ACCOUNT Banc Terephca,. Paws Na(303) 861-8811 J 1 1 SAFEKEEPING HTC ESCROW CO INC AcootIMNu+wor s emends (WELD COUNTY/PHA) 840 476 NOV 28, 1986 1655 GRANT STREET Security Number :Interest Paid This Year DENVER CO 80203-1601 84-0895403 101.82 DATE DESCRIPTION WITHDRAWALS DEPOSITS .. BALANCE. . BEGINNING BALANCE OCT 31, 1986 .00 it 11/04 DEPOSIT 29,500.00 INVESTMENT — MONEY CENTER 500.00 30,000.00 a 11/29 INTEREST EARNED 101.82 30,101.32 TOTAL nITHORAWALS/DEPOSITS .00 30,101.82 ENDING BALANCE 30,1Ct.82 -- --- - INTEREST RATE HISTORY LISTED BELOW ARE THE RATES PAID ON YOUR ACCOUNT DURING THIS STATEMENT PERIOD. OATES RATE% 11/01 THRU 11/03 5.250 11/04 THRU 11/28 5.150 _____________ CURRENT RATES AS,OF STATEMENT DATE AT UNITED SANK, BIGGER BALANCES EARN HIGHER INTEREST RATES. SALANCE RATER, EFFECTIVE T. - `A NNUAL YIELD .00 2,499.99 5.150 5.284% 2,500.00+ 5.150 5.234% GIVE THE GIFT OF EDUCATION THIS HOLIDAY SEASON. ASK ABOUT OUR SPECIAL COLLEGE CD AND EDUCATIONAL SAVINGS ACCOUNT Cry f' �r} ABC\ter.• To Balance Your Checkbook Checks Bank Balance Outstanding: from Statement• $ Check Amount Add: Deposits Not # ; $ Included In This Statement $ Total $ - Subtract: Checks 3 Outstanding Revised Bank Balance • S Checkbook Balance_ S Add: Deposits Not Already Entered In Checkbook Examples: Transfers from Savings. Advances from Ready Reserve Total Subtract: Withdrawals Not Entered in Checkbook. Examples: Service Charges. MINIBANK e Withdrawals, Transfers to Other Accounts, • Automatic than Payments • Revised Checkbook Total '; $ 4 Balance• $ • If your account does not balance: • These Totals Should Agree • Check all withdrawals and deposits tomakesure you correctly entered them in your checkbook. • Check to see that all transactions shown on the - statement have been entered in your checkbook. including checks, deposits, automatic loan payments. MINIBANK transactions, etc. • Double check your figures. Member FDIC ESCROW AGREEMENT The undersigned, the County of Weld, State of Colorado, by and through its Board of Commissioners (hereinafter called the "County") , and the Parkland Homeowners° Association, Inc. , a Colorado corporation (hereinafter called "Parkland") , hereby deposit with H.T.C. Escrow Company, as Escrow Agent, the items set forth in Schedule "A, " to be held by said Escrow Agent subject to the general terms hereof and subject to the special instructions set forth in Schedule "B." 1. These instructions may not be altered, amended, modified, or revoked except by a writing signed by all of the parties hereto and approved by the Escrow Agent. 2. No assignment, transfer, conveyance or hypothecation of any right, title or interest in and to the subject matter of this Escrow shall be binding upon the Escrow Agent unless written notice thereof shall be served upon the Escrow Agent. 3. Any notice required or desired to be given by the Escrow Agent to any other party to this Escrow may be given by mailing the same to such party at the address given below, and notice so mailed shall be for all purposes hereof as effective as though served upon such party in person at the time of depositing such notice in the mail. 4. The Escrow Agent shall not be liable for any act it may do or omit doing hereunder as such agent, while acting in good faith and in the exercise of its own best judgment, and any act done or omitted by it pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith. 5. Except as provided in section 2 above, the Escrow Agent is hereby expressly authorized and directed to disregard any and all notices or warning given by any of the parties hereto, or by any other person or corporation, excepting only orders or process of court, and is hereby expressly authorized to comply with and obey any and all orders, judgments or decrees of any court, and in case the said Agent obeys or complies with any such order, judgment or decree of any court, it shall not be liable to any of the parties hereto or to any other person, firm or corporation by reason of such compliance. 6. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and severally, for themselves, their heirs, personal representatives, successors, and assigns to pay the Escrow Agent its charges hereunder and to indemnify and hold it harmless as to any liability by it incurred to any other person or corporation by reason of its having accepted the same, or in connection herewith, and to 'reimburse it for all its expenses, including, C among other things, counsel fees and court costs incurred in connection herewith; and that the Escrow Agent shall have a first and prior lien upon all deposits made hereunder to secure the performance of said agreement of indemnity and the payment of its charges and expenses. 7. Wherever herein provision is made for the delivery or return of any items, and, in the opinion of the Escrow Agent, it • is impossible or impracticable to make personal delivery or return to the party entitled to the items, the Escrow Agent may mail the same by registered mail, postage prepaid, to such party at his address given below and such mailing shall be deemed delivery or return, as the case may be, and the Escrow Agent shall be relieved of any further responsibility in the premises. SCHEDULE "A" 1. Initial Deposit: $2,500.00 received from Parkland. 2. In addition, from time to time, the County and Parkland may deposit with Escrow Agent certain lot sale proceeds pursuant to the Security and Escrow Agreement between the County and Parkland dated October 17, 1984, a copy of which is attached hereto as Exhibit A. SCHEDULE "8" Special Instructions 1. The purpose of this Escrow is to secure that certain undertaking by Parkland to the County as more fully set forth in that certain Addendum to Parkland Subdivision Agreement dated october 17, 1984, a copy of which is attached hereto as Exhibit B. 2. (a) Escrow Agent shall open and maintain an interest-bearing account with the funds initially deposited with Escrow Agent and shall deposit in said account such additional funds as may, from time to time, be deposited with Escrow Agent by the County and Parkland. 2. (b) Interest earned on said interest-bearing account shall be added to the property deposited in escrow and shall be !! held and disbursed in accordance with these special instructions. 3. Escrow Agent shall thereafter assign, transfer or convey any of the property deposited in escrow pursuant to written instructions signed by both the County and Parkland. The foregoing notwithstanding, Escrow Agent shall disburse to Parkland, upon Parkland's gale and exclusive demand, an amount up to the total amount of the $2,500.00 initial deposit to reimburse Parkland for said initial deposit. 2 c C ESCROW AGENT H.T.C. ESCROW COMPANY By: a=___ -V= Ira E. Tanner, Jr. , President PARKLAND HOMEOWNERS' ASSOCIATION, INC. BY: lc2ii.c' Fi ?.Gt Gf-[� President BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO � Q By: Cha totem ATTEST: 4aw c4Ccn, Weld County ((Clerk and Recorder Clerk to the Board .` • (2.±4.-4c14) STATE OF COLORADO ) u� ) ss. &� COUNTY OF ) The regoil.7 nst;ument was subscribed and sworn to before me by -4[11W1as President of Parkland Homeowners Association, Inc. , this j day of Oct 1986. ,,)\ s ) Witness my hand and official) seal. My commission expires: 7/3019Q Up Notarybli `'/ JTA21d _'1 ) �. 1 RESOLUTION RE: APPROVE PEDIATRIC MEDICAL CONSULTATION SERVICES CONTRACT BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND DR. ROBERT D. HARTLEY AND AUTHORIZE CHAIRMAN 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, a Contract for pediatric medical consultation services between the Weld County Department of Social Services and Dr. Robert D. Hartley has been presented to the Board, of County Commissioners, and WHEREAS, the term of said Contract is from January 1, 1987, through December 31, 1987, and WHEREAS, payment shall be at the rate of $65.00 per hour, and the total amount shall not exceed $1,500.00 per year, and WHEREAS, the further terms and conditions are as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board deems it advisable and in the best interest of Weld County to approve said Contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that that the Contract for pediatric medical consultation services between the Weld County Department of Social Services and Dr. Robert D. Hartley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. OOO(s Ii QC : .:; c 861237 ;la - Page 2 RE: CONTRACT - DR. HARTLEY The above and foregoing Resolution was, on motion duly wade and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: ` I -b ..oft ; WELD COUNTY, COLORADO Weld County C erk and Recorder , �,� �•�. \ and Clerk to the Board Jo qu a, fl;,t J .n, C airman \ BY: /f!�. ' J '' // Go a' 7//(.l , .r Deputy aCounty ¶' rk EXCUSED DATE •F SIGNING - AYE APPROVED AS TO FORM: Gene/ L) L R. Brantner � -t C.W. - r" by � e County Attorney � T/" ' Fr- k 'a"m� �� t • 861237 • Contract Nnber • • ' 1. This contract; node this 1st day of January , 19 87 by and between the WELD County Depart nt of Social Services, PD 80X A GR££LEY, COMM 80632 hereinafter railed "Cointy" and Ibbu-T6th Street Robert D. Hartley, M.D. Greeley, Colo. 806313ereixiafter called "Contractor", (nano (address) 2. This contract shall be effective Iran January 1, 1987 until December 31, 1987 . This agreerent ray be terminated in advance of the expiration date specified upon 30 days prior v.rittea (ntnbeer) notice of either party being given to the other pasty. On termination of this contract all accounts and payments will be processed according to financial arranzerients set forth herein for services rendered to date of termination. 3. County agrees to purchase and Contractor arrees to furnish Medical Consultation- Pediatrics (See attach'znt nu her I for description ofdical consultation- pediatricsthe Medical COEniultation/pediatrics PQ ) to Co-rato. drill be provided by the Contractor to the Weld County Child Abase Team in partial ftlfill not of the Co:sty's statutory- duty for coordination of 4 be Team. Path nt will be rPri- to the Contractor at the rate of S 6 00 per hour he total azount of this contract ray not exceed S 1,540.00 of service) 4. County agrees: a. To par Contractor after satisfactory cc pietion of one or ::ore con- sultations and receipt of the billing form Provide by County Voucher procedure. b. To assure that the sere ce described herein has been provided prior to pav; nt to Contractor. 5. Contractor eggs: a. To provide the service described herein az the location sbnc, as the address of the contractor or Weld County Child Abuse Team Meeting, Weld County Public Health Department, 15161Tospital Road, 6reeley o1o: 8031 b. :Tot to assizn any Provision of this contract to a s bonntractor. ✓ e 1 of 2 -?S - Cr 1237 c. Not to charge clieats any fees related to services provided under this contract. d. To hold the necessary license(s) which permits the performance of the service to be purchased herein. e: To abide by provision of the Civil Bights Act of 1964 which prohibits disci nination against any employee or applicant for -- employment or discrimination against any client because of race, - - religion, color or national origin. f. To comply with reouiiet.ents for srreguarding client info:r ation in accordance with rules of the State Department of Social Services. g- Maintain iscal books, records, documents relevant to this contract for a period of five years or until a federal audit is ca:-pleted, whichever occurs later, after the final payment under this contract_ h. To provide access by counts, state and federal officials to records or other irforration pertaining to the contractor's provision of service under this contract. i. To provide the service described herein at rnct not greater than that charged to other persons in the sane community. G. All terms and conditions are included in the contract; all items incorporated by reference are physically attached. This contract contains all the terrs and conditions agreed upon by the parties and includes Attachment Number(s) 1 All iters incorporated by reference are attached. No other underst_ndin2s, oral or otheradse, retarding the subject ratter of this acreerent, shall be de ed to exist or to bind any other parties hereto. salty Direc rSignature C ac7V ^e Contractor Signature and Title Eugene MtKen / 713 pt Date Date CP.irma` ounty Commissioners ATTEST: A' , WELD COUNTY AERK AND RECORDER AND CLERK.T T " BOARD • BY:Deputy Clerk • • ATTAGi-i :T NLr. 1 The specifics of this contract includes attendance at two (2) Child Protection Team meetings per month, providing medical and/or psychiatric consultation on three to four cases per meeting. The contract also includes consultation on crisis situations where a gPssion is - needed to sset the special needs of an abused or neglected child. 2 .^ 237 elikr(1; mEmORAn®Um Tom David To Weld County Attorney _Dm, December 22, 1986 Eugene McKenna, Director, Weld County Department of COLORADO From Social Services subject: Child Abuse Consultation Contracts, 1987 Calendar Year Tom, request your review of the attached contracts for the 1987 calendar year. The rates for Dr. Hartley and for Dr. Sills has increased from $60 to $65 per hour. Yet the amount budgeted remains the same, at $1500 each. After your review and assuming you find no problems, request your submittal of these contracts to our Commissioner Board. Thanks for your help. Attachment EMcR:rm RESOLUTION RE; APPROVE CONTRACT FOR PSYCHIATRIC CONSULTATION SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND DR. THERON SILLS AND AUTHORIZE CHAIRMAN 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, a Contract for psychiatric consultation services between the Weld County Department of Social Services and Dr. Theron Sills has been presented to the Board of County Commissioners, and WHEREAS, the term of said Contract shall be from January 1, 1987, through December 31 , 1987, and WHEREAS, payment shall be at the rate of $65.00 per hour, and the total amount of the Contract shall not exceed $1,500.00 per year, and WHEREAS, the further terms and conditions are as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Board deems it advisable and in the best interest of Weld County to approve said Contract. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract b-atween the Weld County Department of Social Services and Dr. Theron Sills for psychiatric consultation services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. OOO (& o"S 861236 Page 2 RE: CONTRACT - DR. SILLS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. __ - BOARD OF COUNTY COMMISSIONERS ATTEST: �' iLt cAf .s o%?l nl WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cqu ne , son C airman s BY: Go . acy, - em Deputy ounty erk EXCUSED DATE OF IGNING - AYE APPROVED AS TO FORM: Gene R. BBrantner C.w. Kirb � �i / ounty Attorney' • . e, 861236 !�'`y;i�r?TIY� lsi, S P.1-".7:.i S..-:c'I&S Contract Jmrr 1. This contract; siai5e this 1st day of January 19 87 by and b=een the WELD County Derart~ant of Snrial Services, PO BOX A ,c,t- Rte" `' GREELEY, COLORADO 80632 hereinafter t-a11ed "County" and "�' ZOZu-Toth street Theron Sills, MD Greeley, Lolo. 80631 hereinafter called "Contractor". (nr7e) (address) 2. This contract Gha1l be effective from January 1 , 1987 until - December 31, 1987 . This agree -ent ray be terminated in advance of the expiration date specified noon 30 days Prior tritten (nu*er) notice of either party being given to the other party. Cm tendnation of this contract all ac_comts and paymwts till be processed ar-mrdinr to financial arrangrerts set forth herein for services rendered to date of tear nation. 3. County aerees to purchase and Contractor azrees to furnish Psychiatric Consultation (See attach_rent ncber 1 for description of psychiatric consultation ) to the County. Psychiatric consultation till be provided . by the Contractor to the Weld County Child Abase Team in partial fu]i llrn tt of the County's statutory duty for coordination of the T +t. Pareent till oe rr'ti= to the Contractor at the rate of Sfie•00 per hour (unit of service) l'he total count of this contract ray not exceed S 1,500.00 • e County a rees:' a. To pay Contractor after satisfactory ccx?Dletion of one or core con- sultations and receipt of the billing form provided by County Voucher procedure. b. To assure that the s_rc-ice described herein has b_-__ pro:idee prior to pay-��t to Contractor_ S. Contractor a -rees: a. To provide the service described herein at the location shnAn as the address of the contractor or-Weld County Child Abuse Team Meeting,_ Weld County Public Health Department, 1516-Hospital Road, Greeley, Co. 8061. b. iot to assign ani provision of his contract to 2 St>coetr?ctor. Pace 1 of 2 cages 861236 c. Not to charge clients any fees related to servicf-c provided under this contract. d. To hold the necessary license(s) tab permits the perfosaance of the service to be purchased herein. • e: To abide by provision of the Civil Eights Act of 1964 which • prohibits discrimination against any e~ployee or applicant for -- a loyment or discrimination against any client because of race, - religion, color or national origin. . f. To eamly with re rnire.ents for safeguarding client inform=ation in accordance with rules of the State Department of Social Services. l g. Maintain fscal books, records, documents relevent to this contract for a period of five years or until a federal audit is completed, flr chever occurs later, after the final payment under this contract. h. To provide access by county, state and federal officials to records or other information pertaining to the contractor's _provision of service tracer this contract. i. To provide the service described herein at cost not greater than that charged to other persons in the sane ccr anity. 6. All terms and conditions are included in the contract; all items inco oornted by reference are physically attached. This contract contains all the terms and conditions a--reed upon by the parties and includes Attachment N nter(s) 1 All items • incorporated by reference are attached. No other understandings, oraal or otherwise, re arcing the subject ratter of this a_ rent, shall be e�'ed to esdst or to bind any other parties hereto. zrect . S inure Contractor _z attire and Title Eugene McKenn , -114 /9110 /fib Date Date Gi cirm , Boer• o Ccuntv Commissiccets ATTEST-: -- •?,t .. .* �- ' - WELD COUNTY LRK AND RECORDER AND CLERK TpyST. BOARD $Y ` �rotati C.Terk ATM:22M= NIL= I The specifics of this contract includes attendance at two (2) Child Protection Team meetings per month, providing medical and/or psychiatric consultation on three to four cases per meting. The contract also incluries consultation on crisis situations where a session is • needed to meet the special needs of an abused or neglected child. RESOLUTION RE: ACTION OF THE BOARD CONCERNING LETTER REGARDING MAINTENANCE OF PORTIONS OF WCR 69 AND WCR 80 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 received a letter from Alen Novak requesting additional maintenance of portions of Weld County Road 69 and Weld County Road 80, and WHEREAS, after review, the Board deems it advisable to refer said letter, a copy of which is attached hereto and incorporated herein by reference, to the Road and Bridge Department for its recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the letter from Alen Novak regarding additional maintenance of portions of Weld County Road 69 and Weld County Road 80 be, and hereby is, referred to the Weld County Road and Bridge Department for its recommendation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. �.y��" .� • BOARD OF COUNTY COMMISSIONERS ATTEST: l� jatct/ £ tti...fia✓jwini WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board cq in nso C airman BY: !`,lt Go a , -Tem Deputy CCoun y erk EXCUSED DATE O SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner ounty Attorney Frank Tama i Cr L.vo �� in. - ='old; 4 861250 f:'a LS`. 4, # O,0 ,tc,e F.CT-`. � `17i_ .3&52 cvc E x DEC 291988 T Sktysoa,/e G. Fail/ ` _J fir. coLo. �2 /U Cooklk1 ecCL -)] a ro�yil -s- 6fq/G2si2� S 4Je (c) CovHfj ROaU Gam/; ' n0H AcocR . 7g 7`o cvcIF go &x a /so To Gohc.e3-x o-c UZ7TPys 4Jceg to CcsD osr wC R !n / ? 70 c-e. 7/• -- 75-et.U P /.t U\ 6 /7-7Q h 1 �� L�hC /Y101 e So dl>F iw�c �cn? Act).-ues"T 6 / f,al,/ `. "- .x.p y ct a/osy Ts- oC /mss , 2p ° ;" In•2n7- by Qvt C/ o�1r a3 �AriY 5 0 v7rA o4 Co /O Nw; is 7/ 7a CvesT en cvc /� Ovc cvCi� 7�%.eh ,� ,"1'4 �j- av�s'7- on �a �� `sovTL. On �,� /� (4, °`? Co �l> �,�w 3 �c� 7<� os- Sc �7`Zi -zoesT ' sz a-KU h a7fiew C /2 6 7 ann.a ye 4ko✓li e C0 ` //KO4> he//' IJ E+S�i s UP 1,-4 ;5- 7/na-� -h S -e a h/ c/ n 74-e in at-/nT`elet ant_ � 7ite �'"� d s 4-e_Goy-ao� 74,4)y h�Q� lac? hoes 74e-ge 1-- oQcjs �fo�_ c, w � a nv a /S Q %c S 7`G� �'n, W ,, U S / SG oo/ .1:,‘„ s� sa 7f 'vnvS � 4... /.co GSE� �os -e r /7‘4_ c�dS7 cri- 07z n '" V �/� �JL� 861250 r,„ ‘„, mEm®RAII Um WineTosoard of Weld County Camiissioner&te March 13, 1987 COLORADO From GeoLle C'o'o-ll, Director, Road and Bridge Department subject: Weld County Roads 69 and 80 (Resolution dated December 29, 1986) Alen Novak has requested additional maintenance for portions of Weld County Roads 69 and 80. Weld County Road 69 between Colorado State Highway 392 and Weld County Road 80; and, Weld County Road 80 between Weld County Roads 69 and 71 have been waded and graveled. The roads were on the County's road system. Since we have upgraded these roads, regular maintenance duties will begin on a normal basis immediately. s cc: Engineering Road Files: Qty 69 and 80 R & B Carplaint Files: CRS 69 and 80 Drew L. Schelti_nga, County Engineer Dave A. Becker, Assistant Director; Road and Bridge Impartment Bud Schmuhl, Road and Bridge Supervisor (Maintenance-North) }tea ' '- a 3- - RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 30, TOWNSHIP 8 NORTH, RANGE 59 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Diversified Operating Corporation, 160O Stout Street, Suite 1500, Denver, Colorado 80202, submitted the high bid to lease 230 net mineral acres, more or less, described to-wit: Section 30: NEB; EkSE4, Township 8 North, Range 59 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Diversified Operating Corporation to lease the above described mineral acreage for TWENTY AND NO/100 DOLLARS ($20.00) per net mineral acre, for a total sum of FOUR THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($4,600.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of Diversified Operating Corporation, 1600 Stout Street, Suite 1500, Denver, Colorado 80202, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. 1 861239 Page 2 RE: LEASE - DIVERSIFIED OPERATING CORP. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. � �j ?Gn BOARD OF COUNTY COMMISSIONERS �-y ATTEST: a ,,O TC',Up/ . / WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ' a gu ,zne .3 . - •n, C airman Deput CountJr J`,lerk EXCUSED DATE OF %IGNING - AYE APPROVED AS TO FORM: Gene R. Brantne C ---- 7_, 2:7,...e...eirO C.W.:2977y 171V4.21t17, ounty Attorney Fr c 861239 • PARCEL #1 AR2083262 i'FLD COUNTY OIL AN9 GAS LEASE Containing 240 - acres, more or less; Containing 230 net mineral acres, more or less: Tins yv*sv AGREEMENT, dated this 29th day of December , 19 86 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COME?' COMMISSIONERS OF TUE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY CO FZSSI0NERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: - Diversified Operating Corporation 1600 Stout Street, Suite 1500 Denver, Colorado 80202 hereinafter called Lessee: WITN•SSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the lard herein described, and has paid a filing fee in the amount of S10.00, plus a bonus consideration of $ 20.00 per mineral acre, fixed by lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 230.00 , computed at the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said, application has been approved and allowed by Lessor; THEREFORE, in consideration of the- agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of they, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE NE1; VISE-1/4 30 8N 59W TO HAVE AND TO FOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , 19 89 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such B 1141 REC 02083262 01/05/87 12:06 $0.00 1/008 F 0828 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) E OO,VS 861239 • primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct etploration on the leased laud provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RE TAL - If this lease is extended for an additional term as provided for in the ERCEvSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the tern of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 127 of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is nn into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the veil which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous cubstznce, 121A of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. M1 (c) All costs of marketing the oil and/or gas produced shall be borne by.Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1141 REC 02083262 01/05/87 12:06 $0.00 2/008 F 0829 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) _. . 861239 3, RECORDS - Lessee agrees to keen and to have in possession cotnlete and accurate books and records • shoving the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall. be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as Feasible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different nears of measurement, subject to Lessor's approval, is provided. S. PAYMENTS & REPORTS - An payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or ezcwbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW-- The terms and conditions of this lease shall be performed and exercised subject to all. laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and enteral* owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as - provided hereinafter. 8. SURRENDER - Lessee any at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved J fromfurther obligations or liability hereunder with respect to the land so sw_,ufdered; provided that no t..� partial surrender or cancellation of this lease shall be for less than contiguous tracts of apprcmirately forty (40) acres or Covermmtal lot corresponding to a quarter-smarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of say suit in any court of Ism by Lessee, Lessor or may assignee of either to enforce this lease, or any of its terms expressed or implied. In no case.. shalt any surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. B 1141 REC 02083262 01/05/87 12:06 $0.00 3/008 F 0830 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • (Rev. 11/86) 861239 9. A2SIGMiL TS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignsent charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not to relieved of its obligations order the terns ' and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment .of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assignee land, containing the same terns and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from alt further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized cr approved by Lessor, and the effect of any such assignments will be strictly and _only between the parties thereto, and outside the terns of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terns or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee showy en its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and aatune chatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assigments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5E), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (IS) barrels per day or ninety thousand cubic feet of gas pa day (90 XCF/D). In the event that production drcps to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Teeter for payment of said overriding royalty and shall not relieve lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFS= T]ELis - Lessee agrees to protect the leased land :rem drainage by offset veils located on . adjoining lands not owned by Lessor, when such drainage is not cmpensated for by counter-drainage, it shall be presumed that the production of oil and gas from offset wells results in drainage from the leased• land, unless lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that L!(/ production from such offset veil does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of .the protecting deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and lessee shall comply with Lessor's • order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. • 22. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of.the field in which the leased land lien. 13. POOLING Clergy - lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratus or strata, in the same field so as to constitute s spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction, Such pooling B 1141 REC 02083262 01/05/87 12:06 $0.00 4/008 F 0831 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) v.11239 • shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COlef AIION - In the event lessor permits the land herein leased to be included within a ce®tnitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the tern of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or parr thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODIICIION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate cogmemsnrate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SHUT-IN LEISS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor nay grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such . suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary, date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the trace per anntmt in addition to the annual rental. The ainimum amount of such shut-in royalty payment shall be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension tens as described in the EXTENSION paragraph herein. The granting of any further estensioas shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which. each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of then, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such informatiou is immediately available to lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1141 REC 02083262 01/05/87 12:06 $0.00 5/008 F 0832 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861239 • Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water cells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abanden any well by copy of Lessee's recuest for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by lessee's operations on said land. No operations shall be ccmmenced on the land hereinabove described unless and until Lessee shell have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaInfrg. A. bond may be held in effect for the life of production of any well. 20. SEITLEPENI - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures -left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. MATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which maybe put to beneficial use off said land. 23. DEPAV1 G - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and bearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any - such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same; seating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a bearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EMISSION - If Lessee fails to make discovery of oil and gas, or either of them, it pay quantities during the primary term hereof, or during drilling operations commenced during the primary :hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to t. primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SQRRENDER Paragraph provided, or assigned as in the ISSI The granting of such extension C Paragraph tal the eoprimary shall be at the sole option of Lessor at QcuDle the rental for primary teen hereof. b 1141 REC 02083262 01/05/87 12:06 $0.00 6/008 F 0833 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) - -. .- 861239 23. SOLD SAISi<1'SS - 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 leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. COIWE[GtAfl0S - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate ss of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific avard(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific avard(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall he removed by Lessee per terms in the SEITL'.,Sc Paragraph herein. If only a portion of the leased lard is taken bycondemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which say occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. - 28. ARCSAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by lay. These resource: include hat are not limited to all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historie nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. • 29. DEPZTIORS - (a) "Gas" as used herein shall teas all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 30. EEIPS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon _ the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved ty Lessor as explained in the ASSIGNMEE S* paragraph provided. 31.. WARRANTY OF TITLE - Lessor does not warrant title to the leased prem₹ses, but it shall, upon request, allow Lessee access to such abstract* and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title etramination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. B 1141 REC 02083262 01/05/87 12:06 $0.00 7/008 F 0834 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO • (Rev. 11/86) 861239 IR WITNESS WHnIO£, lessor has hereunto signed and caused its name to.Le signed by the BOIL=.OF COSS.�Y conassioms OF THE COtSfl OF WEIR, with the seal of the office affixed, and Lessee has signed this agreeaent, the day and year first shove written. 'r 7 BOARD OF COLT n cah2asS_TO2as h ` r h'E:.D COL ICY, C0LC 4/1. .At lint .of F 2n�✓, r�1; Weld County Clerk and Recorder and Clerk to the Board - ,• . By: ' FI��C:/7iaCZ,._' LESSEE: D C0FL°0RAPI0N P� - Ft� ten, Asst. Secretary Paul Abbey, President STATE'& OLDRADo ) Denver ) 55. CODNTY at sato ) - - - The foregoing instrument vas acknowledged before me this �� day of Ih1`amhar 2 19 86 by Paul Abbey, President of Diversified Operating Corporation. . Witness my hand and official seal. 1'ly Conmissioa Expires: e7 tt -0-0-o-- _ Notary Public . . '. P` p , : c Pamala D. Doyle J 1600 Stout Street, #1500 ;,_9rt• .- c Denver, Colorado 80202 r B 1141 REC 02083262 01/05/87 12:06 80.00 8/008 F 0835 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO • (Rev. 11/86) 861239 9 a.d►303uNWt 3d0us3w0a .fit? '1ST 1�rz.1• Eb 1 936Y-gad-ziss coos:sa SI ia'pQ`1 - X �; 1weV—um•�gy 1' d c4* .c,,:fiiisaPPO Oil dinlifill*AIV' r- It 000.CT Z0Z08 00 `aanuaQi U g !'D ,r- c°'""' , vnaryMa 00Si a;tns-Fns 3no3S 0091 in3AM$.swci. -dao0 8uTavaado paz;tsa ATQ_ zOi+ 1 O b a•w�"et•aiuv-t :osws,aweer�a+v t -Assoc slaws:l7 z- .. mesa.wtWP•�'n a'vtawxQuototorQmFentr.Ey"}.'�. `_'-1,'-/�' „ envois a.W..aeu a JO i� 1ppur`*p sfl► C. ep S .-"`^F$*. .a, iRR E.0 4!;4'ZI_.`'::4y r"$n. 4A1ts i-.- r?, >f :4t .2, :, - PS corm 3800, June 1985 x U.S.G' O I✓ C 3 r = og = c `i m K m ova 3a TI n ' KplW C) a° nn 1 rt M o ¢ry a"i 0 ' 1 O ) I 0 YM o' 13 8 -,I 0'r I.I -"` l IJJ G a`e .� r r, co - O - Qe 1u o ( Oa Cr O. Gm9 M 8' hS a agm op ; c i I I Om K ;J, .be ` I I t'I R - 'm-=t G . a I f u, -OP g0 r i I I 0 n ,u w+ K i.;. _ 0 RESOLUTION . RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 20, TOWNSHIP 8 NORTH, RANGE 57 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put un for bid to lease, and WHEREAS, Petroleum Energy Corporation, 1625 Broadway, Suite 1480, Denver, Colorado 80202, submitted the high bid to lease 160 net mineral acres, more or lips, described to-wit: Section 20: E'EN, Township 8 North, Range 57 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Petroleum Energy Corporation to lease the above described mineral acreage for TEN AND NO/100 DOLLARS ($10.00) per net mineral acre, for a total sum of ONE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($1,600.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of Petroleum Energy Corporation, 1625 Broadway, Suite 1480 , Denver, Colorado 80202, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. L6000/ - CC: r-:«,� 4, 861240 Page 2 RE: LEASE - PETROLEUM ENERGY CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day o£ December, A.D. , 1986. • BOARD OF COUNTY COMMISSIONERS ATTEST: 7& rA -��„� WELD COUNTY, COLORADO Weld CountyCerk and Recorder and Clerk to the Board J cque n on, C .airman BY: j %I/li� , ≥Texo Deputy_ ounty rk EXCUSED DATE O SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner e e-C.71) C-- 4 O 1y County Attorney ( • , " 1L z,ce4�/�/�dn _ Frank Yamaguc 861240 PARCEL #2 'AR2083261 WELD COUNTY OIL AND GAS LEASE Containing 160 acres, more or less; Containing 160 net mineral acres, more or less: THIS LEASE AGE T, dated this 29th day of December 19 86 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the WARD OF wan COMMISSIONERS OF TM.COUNTY OF WELD, for its respective interests, c/o 3OARD OF COUNTY CUtISSIONERS, VEID COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 5063.1, hereinafter called Lessor, and: - Petroleum Energy Corporation, 1625 Broadwavt Suite 1480, Denver, Colorado 80202 • hereinafter called Lessee: NITNFSSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 10.00 per mineral acre, .fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of S 160.00 , computed at the rate of $ 1.00 , per mineral, acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been.duly complied with and said application has been approved and allowed by Lessor; _ THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of then, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, .telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any end all rights and privileges necessary for the exploration end operation of said land for oil and gas, the following described land situated in the County, of State of Colorado, and more particularly described as follows: DESCRIPTION OF LA=D SECTION TOWNSHIP RANCE E'E'i 20 8N 57W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , Io Sg as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terns and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such B 1141 REC 02083261 01/05/87 12:05 $0.00 1/008 F 0820 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) �oo.vy 861240 z 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to lesser upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. flASURfV 1S - All production shall be accurately measured using standards established by the American Gas Association (ACA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. • 5. PAYMENTS & REPORTS - Ail payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. • 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments,. operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited th, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be'prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations aball result in penalties as provided for by'lauv or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. - 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with lt..lzuu to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tiects of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any snit in auy court of law by Lessee, lessor or any assignee ofeither to enforce this lease, orany"-of"its terms expressed or implied. In no case shall any surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. _ ... B 1141 REC 02083261 01/05/87 12:05 $0.00 3/008 F 0822 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861240 PARCEL #2 'AR20832b1 VELD COUNTY OIL AND GAS LEASE Containing 160 acres, more or less; Containing - 160 net mineral acres, more or less: THIS LFA t AGREEMENT, dated this 29th day of December , 19 86 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTE COl4ISSIONERS OF TEE COUNTY OF VELD, for its respective interests, c/o.BOAR OF COUNTY COL&RSSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, CREELEY, CO 80631, hereinafter called Lessor, and: - Petroleum Energy Corporation, 1625 Broadway, Suite 1480, Denver, Colorado 80202 hereinafter called Lessee: W1IIMSSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 10.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and lessee agrees to pay an annual rental of $ 160.00 , computed at the rate of $ 1.00_ , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon ard therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-tray, easements and servitudes for pipelines, -telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all. rights-_-sad privileges necessary for. the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld,. State of Colorado, and..more parties !arly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE F35Fi 20 8N 57W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , 19 84 as primary term, and so long thereafter as oil and gas, or either of them,, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligent1, performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is cemented within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commented during such B 1141 REC 02083261 01/05/87 12:05 $0.00 1/008 F 0820 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) LEOO Y 861240 primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such. exploration does not interfere with rights granted herein. in consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof,lessee shall during such extended period pay to lessor an anneal rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to- the tern of this lease being extended by such;production.. Rentals set at the. time of established prsductionshall be paid during the remaininglifeof this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund o£ unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced an the leased laud and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased lard, with approval of Lessor, the following: (a) On oil, 12 % of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is rm into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market. value of the oil at the well which shall not be deemed to be less than the price actually paid to lessee atthe cell by the purchaser thereof; and in no event shall the royalties be based upon:a market valve at the well less than the posted price in the field for such oil, or in the absence of a.posted. price in the field fcr such oil, upon a market-value at the well less- than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is ran into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 12;% of the fair market value at the well or of the price received by Lessee at the well, cthichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold coder contract that has been approved by Lessor, the fair casket value of such gas for determining,the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor e'_ the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty- (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and suet+ costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided stall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideratIon shall be made by Lessor hereunder. B 1141 REC 02083261 01/05/87 12:05 $0.00 2/008 F 0821 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) • 861240 V • 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to.fnrnish copies of same. to Lessor upon request along with purchaser's support documentation. Lessor sill not beunreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. L. MEASUREMENTS All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each mouth's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. • All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or eneuebrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result inpenalties-as:provided for'by law. . . or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any tine, by paying to Lessor all amomits they due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that to partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In to case shall any. surrender be effective until lessee shall have made full provision-.for'conservation of the leased'products and protection of the surface rights of the leased land... . _. Ec 1141 REC 02083261 01/05/87 12:05 $0.00 3/008 F 0822 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861240 9. ASSIGVNE1T8 - (a) Lessee, with prior written Consent of lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, thsa contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. As assignment shall not extend the term of this. lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be, released and discharged from all further obligations and liabilities as to that portion so assigned.' (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, end the effect of any such assignments will be strictly and only between the parties thereto, and outside.the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terns or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to lessee or his assignee shown cn its, books as being the sole wrote hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) . Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this.lease should be filed with the Lessor. • 10. OVERRIDING. ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for ulless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 Y.CF/D). In the event that production drcps to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. U. OFFSET kELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased. land. Lessor's decision as to the existence of such drainage shall befinal, and Lessee shall comply..with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. • 12. .DEVELOPMENT - rpm discovery of oil andgas or either of them on the leased land, Lessee shall. proceed with reasonable diligence .to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. POOLING CLAUSE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the sex field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling B 1141 REC 02083261 01/05/87 12: 05 $0.00 4/008 (Rev. 11/86) F 0823 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 861240 shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to_this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - CONRiUICIZATION - In the event Lessor pernits the land herein leased to be included within a communitization or unitization agreement, the terns of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by-anagreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terns of the tease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the. lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce • all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same:so as to produce at a rate cotmensurate with the rate of production of wells on adjoining lands within the same field and within the lisits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as nay be approved In writing by Lessor. Lessee shall be responsible for adequate site security on all producing proper:ies. 16. STMT-IN CELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor nay grant lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such. suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to lessor a shut-in royalty equal to S2 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall.be $240. Each year's shut-fn royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the =ION paragraph herein. The. granting of any further extensions shall be at the sole option of Lessor. • 17. OPERATION'S - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir,. without the written permission of the owner of said improvements. Lessee shall keep a correct log of each • well drilled hereunder, showing by name or description the formations passed through, the depth at which. each formation was reached, the :umber of feet of each size casing set in each well, where set, .and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file is the office of Lessor a complete and correct log of .such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyse', record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the OilS and Gas Conservation Commission of Colorado, the requirements of this paragraph for.such information may. be satisfied by such filing with said Commission, except for copies of the .r‘pv.ta as are required by the following paragraph, and provided that all such information is immediately available to..Lessor., Any proprietary information.:so submitted::shall-rot be subject to public inspection under Colorado law. _. . L 1141 REC 02083261 01/05/87 12:05 $0.00 5/008 F 0824 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11186) _.__.._ 861240 Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. It. NOTLPICATLON - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing:drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to ping and abandon. 19. BONDS - Lessee shall be liable for all' damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed. by Lessor, to secure the payment for such damages as maybe caused by.Lessee's operations on said land-.and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond nay be held in effect for the life of production of any well. 20. SE1n.Th!ENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until- all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment-or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shalt automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. p.ATEA - This lease does not grant permission, express'or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said pernission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be Us the name. of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which ray be put to beneficial use off said land. 23. DEFACLT - Dpon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder, an the event of any such default or failure, Lessor shall, before making any such cancellation, send to lessee by certified mail, to the post office address of said lessee as shows by the records of lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If sash failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request * hearing on such notice within.thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, 'or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary'term hereof, lessee may make written application to Lessor for an extension of this Lease for a term equal to the primary term as to all of the mineral acres covered hereby (excluding any mineral: acres theretofore surrendered as in the-SURRENDER Paragraph provided, or assigned..as in the ASSIMIENlS Paragraph provided). The granting of such eatetsion shall be at the sole option oflessor at double the rental for the primary term hereof. • B 1141 REC 02083261 01/05/87 12:05 S0.00 6/008 F 0825 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. piss) 861240 • 25. FOLD HARMLESS - Lessee shall indemnify Lessor against..all liability end loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising ant of damageor. _ injury, including death, to persons cr property caused by or sustained it connection cith operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be'removed by Lessee per terms in the =MD= Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS Every effort is made by Lessor to avoid errors in all procedures including but trot limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or - discrepancy whatever_ , - _ 28. ARCHAEOLOGY - Lessee shall not.destroy, disturb, mar, collect, remove or alter anyjrehlstoric or historic resources of any kind on 'Weld County lands as provided by law. These resources include but are not. - . - limited to all artifacts of stone, wood, or metal, pictographs, structures, and. bones. A.discovery of anything' of prehistoric- .of histcric—naturar shall be reported to Lessor or the Stete-rof`,Colorado Archaeologist immediately. • 29. DEY11=.sORS - - - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities'. as used herein shall mean and refer to quantities of oil and gas or of either o£ them sufficient to pay for the current cost of producing same. 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be bindingupon 'theheirs;-legal representatives, successors or assigns of Lessee; but no sublease or assignrenthereof, or of any interest herein, shall be binding upon Lessor until the same has been approved ty Lessor-as explained'. : in the ASSIGDffi.7S' paragraph provided. - 31.. WABBJStT 07 TITLE - 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. There Shall' be no obligation on lessor's part to purchase new or supplemental or other title papers nor to do_evy., curative work in connection with title to the subject lands. All abstracts of title, whether new-.:or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of lessee to use such abstracts upon request at any time during the term of the Lease. B 1141 REC 02083261 . 01/05/87 12:05 $0.00 7/008 F 0826 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 361240 ,m I, IN HIT«SS WHEREOF, lessor has here=to signed and caused its name to be sired by tie BOAS OF COD= CaMISSI0FERS OF THE COUNTY OF WELD, vith the seal of the office affixed, and Lessee has signed this agreement, the day and year first above vritten. BOARD OF COT.i3Y CO'TCSST-OSRS WELD CCLICY, COLORADO ATisT= p2 4— A' . ,,,e....---; per � nwhiJ//✓_ lv Weld County Clerk d Recorder .J// , �/�� and Clerk to the Board /t O . 391 1. .4A; 1 Lita,- el .174)//truri,oleve 7 - Pe oleum Energy Corporation et$ _ yr Weldon C. j nder, President SLATE OF COLORADO ) ) SS. CODNTY OF VELD ) The foregoing instrument vas acknevledged before me this 27th day of December - P . . 19 86 by Weldon C. Julander, President of Petroleum Energy Corporation. Witness my hand and official seal. - - - - My Commission Expires: co�nrissicn ext`. es 7eb. IS,:18o7.. i c. _ r'nh 0TARy c, 3c to 0 o B 1141 REC 02083261 01/05/87 12:05 $0.00 8/008 F 0827 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861240 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 29, TOWNSHIP 8 NORTH, RANGE 57 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Petroleum Energy Corporation, 1625 Broadway, Suite 1480, Denver, Colorado 80202, submitted the high bid to lease 160 net mineral acres, more or less, described to-wit: Section 29: NW;, Township 8 North, Range 57 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Petroleum Energy Corporation to lease the above described mineral acreage for TEN AND NO/100 DOLLARS ($10.00) per net mineral acre, for a total sum of ONE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($1,600.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of Petroleum Energy Corporation, 1625 Broadway, Suite 1480, Denver, Colorado 80202, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. 861241 1' -Page 2 RE: LEASE - PETROLEUM ENERGY CORPORATION The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. �]� off* BOARD OF COUNTY COMMISSIONERS ATTEST: � u T n " WELD COUNTY, COLORADO Weld County C- erk and Recorder ;, and Clerk to the Board a•cue ► ��iT 'n-.n, Chairman BY: . .h. .m,/! Wrk •r. : a ' , "o-Tem Deputy -gtunty EXCUSED DATE O SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner 0 .Z--- C.W. Kir y County Attorney F s c 861241 "PARCEL #3 AR2083260 ?EID COUNTY OIL AND GAS JPASE - - '.. Containing 160 acres, more or less; Containing 16Q net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 29th day of December , 19 86 made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF TEE COUNTY OF %.ttD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: Petroleum Energy Corporation, 1625 Broadway, Suite 1480, Denver, Colorado 80202 hereinafter called Lessee: - • WITNESSETH - - WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the lard herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 10-00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of S 160.00 - , computed at the rate of $. 1.00 ' , per mineral acre or fraction thereof per year. . WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of then, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: • DESCRIPTION OF LAND SECTION TOWNSHIP RANGE NW3 29 8N 57W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock coon on the 29th day of December , 19 89 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same; and provided further that such production is commenced during such B 1141 REC 02083260 01/05/87 12:04 $0.00 1/008 F 0812 MARY ANN FEU£RSTEIN CLERK & RECORDER FE LD CO, CO (Rev. 11/86) EO6 /'� 861241 primary term or any extension thereof, or while this, lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the .leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for iu the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the tern of this lease being attended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or beforeeach anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee stall account for any and all substances produced on the leased land and lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 17.3% of the oil produced and saved from the leased land. At the option of Lessor, and with. sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is rum into tanks. With sixty (60) days' notice to Lessee, lessor may cease taking oil royalty. in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at.the well by the purchaser thereof;. and In no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time Such oil is rum into pipelines or storage tanks. (b) On gas, including casinghead gas or. other gaseous substance, - 123% of the fair..market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract "NO approval by Lessor ofthe terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind_ (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d), .If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder_ E 1141 REC 02083260 01/05/87 12:04 $0.00 2/008 F 0813 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861241 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records shoring the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable boars, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within all standards unless a different means of measurement, subject to Lessor's approval, is provided. S. PANTS & REPORTS - All payments and reports due hereunder shall bt made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. • Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, cr encnnbnances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PEAALTIES - A penalty shall be imposed for, but not limited to late payments, Improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but tot limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - Ihe terms and conditions of this lease shall be performed and exercised subject to *II laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of field, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as-set forth in the -aforementioned schedule or shall, at the option of Lessor, result in default as - provided hereinafter. - - 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same ravers all or any portion of the land herein leased and-be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee,.lessor or any assignee of either to enforce this lease, or any of its term expressed or implied. In no case shalt any surrender be effective until lessee shall have made full provision for conservation of the:leased products and protection of the surface rights of the leased land. B 1141 REC 02083260 01/05/87 12:04 $0.00 3/008 F 0814 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861241 • 9. ASSIGNHEGTS - (a) Lessee, with prior written consent of lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, thta contiguous tracts of approximately forty (40) acres or Cove,,wicutal lot corresponding to a quarter-quarter section for any partial assignment, and for apprevzl of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not.be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same. terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations andliabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments ' will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall, operate to relieve Lessee £ram,performance of any terns or conditions hereof or to postpone the timetherefor. Lessor shall. at all times be entitled to look solely to Lessee or his assignee shown en its books as being the sole owner hereof, and for the sending of all: notices required by this lease and for the performance of all terms and:conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filet with the Lessor. . 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90Wwti MCF/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. . lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of acid overriding royalty and shall not relieve Lessee of any of its obligations far payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET cats - Lessee agrees to protect the leased land free drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas free offset wells results in drainage from the leased land, unless lessee desonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well,or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence.of such drainage shall be final, and Lessee-shall comply with lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - tpon discovery of oil and gas or either of them on the leased land, lessee shall proceed with reasonable.diligence to develop said lane at a rate and to ma extent commensurate with the eoanamic development of the field in which the leased land lies. 1]. POOLING CLAeSE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field sous to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rude, or regulation of. the State or Federal regulatory or conservation agency having jurisdiction. Such pooling B 1141 REC 02083260 01/05/87 12:04 $0-00 4/008 F 0815 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev, 11/86) 861241 shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination ofpooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing twit bears to the total acreage in said spacing unit. 14. UNITIZATION - C0*^_fUNfllZATION - In the event Lessor permits the land herein leased to be included within i cepunitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. then only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the tern of such separate lease shall be limited as to the original tern of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the ternination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary tern of the lease or the extension term of the lease. 15. rRODnCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so Long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lads within the Bare field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of productioe as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. 5HuT-IN VEILS - I£ Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor nay grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in veil, Lessee shall pay to Lessor a shut-in royalty equal to 52 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EN .'ZION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERA230NS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shalt file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well viten such logs, or either of then, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if atty. If any of the informationrequired by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with saidCammissioh, except for copies of the reports as are required by the following paragraph, and provided tbat all such informationis immediately available to Lessor. 5ny proprietary information so submitted shall notbe subject to public inspection under Colorado law. - -' B 1141 REC 02083260 01/05/87 12:04 S0.00 5/008 F 0816 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11!56) 861241 Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water vells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BOZOS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the lava of the State of Colorado, and the roles and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. SE2II.L1.727I - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any yell unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or £+shires left on this land for a period of more than six (6) months after the expiration hereof,, shall automatically become the property of Lessor. • 21. OTHER DISCOVERY - Should- Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. RATER - This lease does not grant permission, express or implied, to Lessee for rater exploration, drilling, or establishing water bells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or , adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter providri, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. :n the event of any -- such default or .failure, Lessor shall, be£o1e making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to caned for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be wade. . If Such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a bearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. ESTESSI0N - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of.this lease for a term equal to the primary term as to all of the mineral acres, covered hereby (excluding aty mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSIC[NENTS.Par-agraph provided). The granting of such extension shall be at the sole option of lessor atdouble the. rental for the primary tern hereof. B 1141 REC 02083260 01/05/87 12:04 $0.00 6/008 F 0817 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) • 861241 25. EOLD HAPflESS - Lessee shall indemnify lessor against all liability and loss, and against all claims .nod actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons cr property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CO}Of& A-ION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SETTTfl= Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. - 27. ERRORS - Every effort is made by lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever. 28. ARCHAEOLOGY - Lessee Shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include but are not limited to all, artifacts of stone, v0od or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. - . • 29. Dkruu.TIONS - (a) "Gas^ as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. ; (c) "Paying quantities^ as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. • 30. HEIRS AND ASSICNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives,-sutcessors-.or assigns of Lessee; but no sublease or ascigment hereof,.or of any interest herein, shall be binding uponLessor until the same has been approved hy:Lessor as explained. in the ASSIGNEE TS' paragraph provided. - - _ 31.. WARRANTY OF TITLE - Lessor does not warrant title to the leased premises, but it shall, epos request; allow Lessee access to such abstracts and other title papers as it has in its files. There -Shall be no obligation on Lessor's part to purchase new or supplemental or other title papers nor to do ray curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. B 1141 REC 02083260 01/05/87 12:04 $0.00 7/008 F 0818 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 12/86) 861241 IN W=MSS WRER`OF, lessor has hereunto Signed and caused its name to he signed by the BOA= OF COIIMET ODl2IISSICNEES OF TIM CCCETI OF WE-D,- with the seal of the office affixed, and Lessee has signed this agreement, the day and year first above written. _ BOARD OF CO O 2CSSIONERS 'V/ .[,WD Corny, cotcR.Do GI.17,14. - .;/fry/ Weld Cotmty-Clerk'Aid Recorder and Clerk to the Board �� ,./K-4--1-",P.1/•9 Petroleum Energy Corporation Weldon C. Ju der, president STATE OF COLORADO ) ) SS. . . CODNTY OF WELD ) The foregoing instrument vas acknowledged before tie this 27th Gay of December - ,19 86 by Weldon C. Julander, President of Petroleum Energy Corporation. Witness my hand and official seal. My Cnr•ission Expires: My CO.T,t;ISS,C,^.6%1:iu C'v.:. 16.1037. . . �N2JARr :.-7.r. -.:.. pnhl tp -Li BL ; DG ° r. c No B 1141 REC 02083260 01/05/87 12:04 $0.00 8/008 0 fi 0819 MARY ANN FEUERSTEIN CLERIC & RECORDER WELT) CO, CO D (Bev. n/86) 861241 0` 1 E Ca-5 )days a, E2E2J S20 ' etc) 1571.,) • and N14, 529, MA), Ris'! cJ rna /ed I- 114- 37 -ta Pe.-17-40/evm £nerSy Cor-P_ ' PS Form 3800,June 1985 *USG. e I-. m o a G? f{I N I aI 0 0 m v w rttsd i- . n y = 1i' { n1 o C *n &� �� of � m a oM b q a a a i Ib o n m 0 0. 2;,-7(24 m`) an I K I E m v T a n m ay. 1 n T LC '} Q tli n u n> So i I a I •� no‘C 6 amp r a o f Q* 1I ; o I tow 2: 0 a Ca 2 I el O Cl a"< , m a `.n. I. V y rot y:S1 � F. n ,� -4 C Q>, n 1 1 e rt Syr . . 3y I I-- SRO t Art Ir it ON 0 et n r Y f 0 7 • end comptatelr�,,,.3 a�4- V Qomplete items l and 2 when additional services are desired/ and - byrwuasah.Faituretodothiswillp tThi'_ Put,...ddtesain tlx"'R.: .-�k�O; +; wi11' •r�nnof-iii wWfromlrehrirewtrid-to w rre tervgcaro t. SkjlYlL11QY^ ltK-�3i foil adaddral.ervteafdaaYvaaiset` . k' t"it ' ,, � *Si.wee'saddrwi. 2. 13'RatsletWDdi.ery_ . } 8110aato stYiter- - t 5 Corporation ., . 1irrlsa: Petroleum Energy 1625 Broadway, Suite 1480 Denver, CO 80202 :, Eapnachl. QDD f 11.,/,', _ AtWIYioMafir Orrin otaddrwla�a .• ..'a_Addrassea's Addraww(crag if z g •�� . requatedmul fee P4a) i 88 f t si t a taga ; IT IYl� gyp+' ). t&21.ab t o . 4..:. 4,Eoo 46 8Co 1241 4,Eoo sly 8lDtZTQ RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 24, TOWNSHIP 5 NORTH, RANGE 61 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Kilroy Company of Texas, Inc. , 1021 Main Street, Suite 1900, Houston, Texas 77002-6677, submitted the high bid to lease 320 net mineral acres, more or less, described to-wit: Section 24: Nh, Township 5 North, Range 61 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Kilroy Compan! of Texas, Inc. to lease the above described mineral acreage for TWENTY-FIVE AND NO/100 DOLLARS ($25.00) per net mineral acre, for a total sum of EIGHT THOUSAND AND NO/100 DOLLARS ($8,000.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of Kilroy Company of Texas, Inc. , 1021 Main Street, Suite 1900, Houston, Texas 77002-6677, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. E-0O4;o Cc:' ,,,)ray_ Qc_ a 861242 Page 2 RE: LEASE - YILROY COMPANY OF TEXAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. /� BOARD OF COUNTY COMMISSIONERS ATTEST: %I FIR_/soi !.rrni WELD COUNTY, COLORADO Weld County CYerk and Recorder and Clerk to the Board Ja• cue n_o Chairman BY: /i ' ✓� (7(11 • :':t a•�, o-Tem Deputy Zounty EXCUSED DATE O SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner ir J C.W. Kirb�� ` ounty Attor y Frans Yamaguc 861242 ti PARCEL t6 AR24,532S9 • MELD COUNTY OIL AND GAS 1FAer Containing 320 acres, more or less; containing 320 net mineral acres, more or less: THIS LEASE AC1Z 23EhT, dated this 29th day of Deoemhar , 19 86 , made and entered into by and between WELD COUNTY, COLORADO, a politicalsubdivision of the STATE OF.COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF TEE COUNTY OF VELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, VELD COUNTY CENTENNIAL. CENTER, 915 10TE STREET, GREELEY, CC 50631, hereinafter called Lessor, and: - _ KILROY COMPANY OF TEXAS. INC. 1021 MIN STREET. Snits: 1900 HOUSTON, TEXAS" 77002-6677 hereinafter called Lessee:. - - - WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount t of $10.00, plus a- bonus consideration of 525.00' Per tinersl acre, fixed by Lessor as at additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 320.00 , computed at the rate of S 1.00 , per mineral acre or fraction thereof per year. WEREAS, all the requirements relative to said application have been duly complied with and. said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to De paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of then, thereon sod therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved ss royalty by Lessor under the tens of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and..telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any end all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated -in'-the- County of Weld, State.of Colorado, and more particularly described as follows: DESCRIPTION OF.LANO) bbca.iON TOWNSHIP RANGE . . N1 24 5N 61W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , 19 89 as primary term, and so long thereafter as oil and gas, or either of then, is produced in paying quantities from said land or lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed MO be diligently performed if thereis no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof-or-while this=lease is in force by reason of production of oil and gas or either -of'them, or that such reworking is'-eormenced within sixty days upon cessation of production £or. the purpose ofre-establishing'.the same, and provided- further that:such production is commenced dniing: such. B 1141 REC 02083259 01/05/87 12:04 $0.00 1/008 F 0804 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/$6) L E CLO V4 861242 primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. MIGRATION - Lessor reserves the right to conduct exploration on the leased--land-provided- such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree-as follows:.. 1. RENTAL - If this lease is extended for at additional term as provided for in the 1=ENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above Specified for the land covered hereby. The rental -in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time.'of:established production shall be paid during the remaining tue of this lease, annually, in advance, of or before each anniversary date hereof. There shall be no refund of unused rental. - - 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall 'ay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following:. (s) On oil, 22?% of the oil produced and saved from the leased land. - • At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor t:zy take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but lessee shall not in such ease be required to provide free -tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair 'market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and it no event shall the royalties be based upon a market value' at the well less that the posted price in the field for such oil, Or in the absence of a posted price in the -field icr such oir, upon a market value at the swell less than the prevailing price receivedby -other producers in the field for oil of like grade and gravity at the time such oil"is run into pipelines or storage tanks. (b) Oh gas, including essinghead gas or other gaseous substance, 121,a of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased lend or utilized off the land by Lessee. A copy of all contracts for sale of gas shall_be furnished to Lessor. Where gas is sold under contract that has been approved by- Lessor, the fair market value of such gas for determining the royaltiespayable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the 'option of Lessor, and with sixty-.(60) days' notice -to Lessee, Lessor may take its royalty in kind. With sixty (60) dams' notice to Lessee, .lessor may cease raving gas royalty in kind. -- (c) All costs of marketing the oil-and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the' royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oiland gas deposits of the above-described land than the entire and undivided fee"simple estate, then the royalties and rentals herein provided shall be paid toLessor only in the portion which its-'interest--bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1141 REC 02083259 01/05/87 12:04 $0.00 2/008 F 0805 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861242 3. RECORDS - Lessee agrees to keep and to have in possession cormlete and accurate books mad records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable boors, to examine the same, or to furnish copies of same to Lessor upon request along with:purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for'a of not less than five years. 4_ MEASUREMENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different meatsof measurement, subject no Lessor's approval, is provided. S. PAYMENTS & REPORTS All payments and.reports due hereunder shall be made on or beii. a the day mach payments and reports are due. Nothing in this paragraph shall be construed to extend the expirat`on of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. .611 payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by lessor. A penalty for a late payment shall be charges as set forth in the ?EMETICS paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be -in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. IAA - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Veld,- and to laws, rules -and. regulations. governing oil and gas operations in Colorado. Violations.shall result in penalties as'provided for:hy in or as set forth in the aforementioned schedule or shall, at the 'option of-Lessor, result'in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved fres further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this =render clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor'or any assignee ofeither to enforce this lease, or any of its terms expressed or implied. In no case shall any surrender be effective until Lessee'shall have made full 'provision for-conservation of .the leased products. and protection of the surface rights of the leased laid. B 1141 REC 02083259 01/05/87 12:04 $0.00 3/008 F 0806 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861242 9. ASSICt bC5 - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the lard covered hereby, but rot less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding'. to a quarter-garter section for any partial assignment, and for approval of such assignment. Lessor shall make an assignment charge in an.amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not he relieved of its obligations under the terms and.conditions herein. Is assignment shall not extend the term of this lease. - - (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terns and conditions as • this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned_ (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not .be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terns of this leaser. aridno dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms: or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and. f or the performance of -all terms' and conditions hereof. (d) Although not binding on Lessor,-all instruments of every kind and ^_stare whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYAL-". - Any .and all reservations or assignments or overriding royalties shall De subject to approval by Lessor. The total of said overriding royalties shall not exceedfive-percent (5%), including any overriding royalty previously provided for Mess production exceeds a monthly averageof fifteen (15) barrels per day or ninety thousand cubic feet of gas per way (90 MCF/D). In the event that production dregs to this smount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of stid overriding royalty and shall not relieve Lessee of any of its obligations for payment'of royalties to Lessor as provided by ROYALTY paragraphs herein_ 11. OFFSET WELLS - Lessee agrees to protect the leased land fres drainage by offset wells located'on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfactiot, by engineering, geological, Or'other data, that production .from such offset veil does not result in such drainage, or that the drilling-of a well or wells on the leased 1-and would nor'accomplish the..purposes of, protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT -- tpon.discovery of oil and gas or either of them •on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent cormensurate with the economic development of the field in which the leased land lies. - - J- 1.3. POOLING CIAtSE - Lessee nay at any tine or times pool any part or all of said land and lease or • any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling . . B 1141 REC 02083259 01/05/87 12:04 $0.00 4/008 F 0807 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) __ _. __.. .. _. _..._. _._. 861242 shall. be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling,-and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing•unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. tNTLIZATION - COMMUNITIEJS:ION - In the event Lessor permits the land herein leased to be included within a coranitization or unitization agreement, the terms of this lease nay be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited..as to the original term of this lease. The terms of-the Lease on that portion remaining in the _unit shall be deemed tobe modified to conform to such agreement. Nonproducing leases shall terminate on the first anniversary date of the lease following the-termination' date of the unitor part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. - - IS. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same ire capable of producing in paying quantities, and shall operate the same so as to produce at a rate coumensurate with the rate cf production of wells on adjoining lands within the same field and within the limits of good. engineering practice, except for such times at there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as nay be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SEVI-IN DELLS - If Lessee shall complete a veil on the leased land productive of gas and lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor nay grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in prying quantities. Except, however, that beginning on the anniversary date next, of the year of au extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to S2 per acre of the lease per ar-um in addition to- the annual rental. The minimum amount of such shut-in royalty payment shall be S240_ Each . year's shut-in royalty..shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease,due to the existence of a shut-in well, shall be five years beyond the extension term as described in the E '.h'SION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. - - 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each'size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of.-such well, together with a copy of the electric log and the radioactivity log'of the well when such logs, or either of them, are run; and also a copy of all drill Stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Couaission, except. for copies ,of the reports as are required by the following paragraph, and provided that-all such Information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1141 REC 02083259 01/05/87 12:04 $0.00 5/008 F 0808 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) - .. -. __._ _... _-----... -:. _. .... . 861242 Lessee shall bury pipelines below ploy depth. Lessee shall set and cement sufficient: surface casing to protect the fresh water wells of the area. - I6. NOTIFICATION Lessee shall notify Lessor and the surface lessee or surface owner'of of the location of each drill site at least two weeks prior to commencing drilling operations thereon.--Lessee shall-notify Lessor before comrencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms ad provisions of this lease, the laws of the State of Colorado, and the rules' and regulations thereto aliech taining. A bond may be held in effect for the life of production of any well. 20, srlur'E?t - Lessee shall not remove any machinery, equipment orfixtures placed on 'said land, other than drilling equipment, nor draw the casing from any well ialessend until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or futures left on this land for a period of yore than six (6) months-after the expiration hereof, shall automatically become the property of Lessor. - - 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oiI and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. to R - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling,.or establishing water wells without the written permission of the surface owner. If Lessor is the surface. owner, said permission shall not be unreasonably withheld. If Lesseedesires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the can.: of Lessor if Lessor is the surface owner. The same shall apply to any nontribetary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - 'Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and..gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. in the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by ce—acted • mail, to the post office address of said lessee as Shown by the records of lessor, a notice of stention to cancel .for such failure or default, specifying the same, static; that if within thirty -(30) days from the date of mailing said notice, Lessee shah correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the =lilies of such votive, and if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and'be cancelled by .operation of this paragraph without further action by Lessor, or further notice to Lessee- 24. EMISSION - If Lessee fails to make discovery of oil and gas, or either of 'them, paying quantities during the primary tern hereof, or during drilling operations commenced during the primary term hereof, lessee may make written application to Lessor for an extension of this lease for a term ecual to-the .primary term as. .to all of the_mineral acres covered hereby (excluding any mineral acres theretofore surrendered as in the SCAREIWER Paragraph provided, or assigned as in the ASSICf2.r"'i,.IS Paragraph'provided). The granting of such extensive shall be at the sole option of Lessor at double the rental for theprimary tern hereof. B 1141 REC 02083259 01/05/87 12:04 $0.00 6/008 F 0809 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/56) 362242 :1. 25. FOLD EA. fS.ESS - Lessee shall indemnify Lessor rg"inst 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 leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEINXTION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate es of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific avard(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall-be -rmoved by Lessee per terms in the SET IMES: Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. • "27; ERRORS' - Every effort is made by Lessor to avoid errors in all procedures including- but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may odor. Lessee shall notify Lessor immediately upon discovery ofany errors or - discrepancy whatever. 28. �\ARCHAEOLOGY Lesseershall.:notdestroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include bet are.not • limited to an artifacts of stone, wood or seta!, pictographs, structures, and bones. A discovery of anything of prehistoric-,or- historic nature- shall: be reported to lessor or the State of Colorado Archaeologist immediately. 29. DEgBTCIONS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mesa and refer to gtaatit£es:of oil"and-gas or of either of them sufficient to pay for the current cost of producing-same. 30. BEIPS AND ASSIGNS - The benefits and obligations of this lease shall inure;a Sid-be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease-or assignment heneofr or of any interest herein, shall be binding upon Lessor until the same has been approvC:by Lessor as Spla ed in the ASSICNMEETS` paragraph provided. 31.. WARRANTS OF TITLE - Lessor does not warrant title to the leased premises, bet it shall, upon request; allow Lessee access to such abstracts and other title papers as it has in its files. There shall _be no obligation on Lessor's part to purchase new or supplemental or other title papers nor to do any curative work in convection vith title to the subject lands. All abstracts of title, whether new or supplesentay, obtained by tease, and severing the subject lands shall become the property of and be delivered to lessor after Lessee has completed its title eneli "tioa and curative work, subject, however, to the right of lessee to use such abstracts upon request at any time during the term of the lease_ . r B 1141 REC 02083259 01/05/87 12:04 $0.00 7/008 ' ' F 0810 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO (hew. 11186) 861242 • IN WITCSS VEn OF, lessor has beremmto signed and caused its name to be signed by the ROA.. OF C M= COMISSIONITS OF Tim coact OF WELD, with the seal of the office affixed, and Lessee ha signed this ag:t,emt, the day and year first above written. - - - FOARD OF COrZ IY C0.OESSIO.tiRS k.LD COMITY, COLORADO • / -. . caret iT'.�.Ctt `$6.4„4.4.4-7 'A tQ�tu .Q,tar ' . .. .. G,// Aeld� illctk1.&2d Recorder „�./ Kg,(,;* . and Boar v, G • LESSEE: KILR0Y -COMPANY OF TESAS,''IITC. M L. MLY0N, AI10 Y-2ZI-FRCP STATE OF INSOMa ) • Harris ) SS. - -_ cam= of wr�.D ) - - - - The foregoing instrut nt vas acknowledged before me this - day of , 19 by Ti-*, .f( a11,Q 1Con-fir+- cF'4> J�,2ioci err 6fP- '.d, 1>vi C- Witness my band and official seal. u V 1 N.. s DONDA R. TYRA ••' c '-T` _li 44OZARv PL18L'C c-rArE OF TEXAS a COMMISSION E e?_S- 7 P' Dt ,^LC J '`a ‘Gf -` N - Notary Pcbiic�•l� - arE `.F • -k) B 1141 REC 02083259 01/05/87 12:04 $0.00 8/008 N • F 0811 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) .. . . 861242 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 25, TOWNSHIP 9 NORTH, RANGE 57 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Nolan Ashburn, 5935 West Mansfield Avenue, Unit 255, Denver, Colorado 80235, submitted the high bid to lease 240 net mineral acres, more or less, described to-wit: Section 25: SEA; SkNEk, Township 9 North, Range 57 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Nolan Ashburn to lease the above described mineral acreage for TEN AND NO/100 DOLLARS ($10.00) per net mineral acre, for a total sum of TWO THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($2,400.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29 , 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of Nolan Ashburn, 5935 West Mansfield Avenue, Unit 255, Denver, Colorado 80235, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. E-0°4----/ CC ,' / '�'�: n - �cc;C 861243 Page 2 RE: LEASE -- NOLAN ASHBtURN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: % (Lt.;tZC. IWZ.P1 ! WELD COUNTY, COLORADO Weld County C rk and Recorder „ . and Clerk to the Board Ja qu- J•1s'f sow , C airman BY: adj... 2' a,,r�s o-Tem DeputyACfun y;v,: erk / EXCUSED DATE 'J' SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner 7.edi,t/V.--t,t County Attorney - C-¢ � � �tl�i Fran Yam guC r , 861243 . PARCEL #8 • AR2083258 WEED COUNTY OIL AND GAS LEASE - - • Containing 240 acres, more or less; Containing 240 net mineral acres, more or less: THIS LEASE A6Hh.eritn2, dated this 29th day of December , 19 86 , made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY CONMiISSIONERS OF TEE COUNTY OF GELD, for its respective interests, c/o BOARD OF COUNTY CO22CSSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, CO 50631, hereinafter called Lessor, and: • - NOLAN ASHBURN bydb W. MANSFIELD AVE_ vonT 295 hereinafter called Lessee: CO ... WEENESE'LTS - - WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the laP/d;herein described, and has paid a filing fee in the amount of .$10.00, plus a bonus consideration of Sf v, (7/ per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of S 240.00 , computed at the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the -agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas,. or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessaryfor the exploration and operation of said land for oil and gas, the following described !and situated in the County of. Weld, State of Colorado, and sore particularly ...described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE. -. . SE3; StNE1/4 25 9N 57A TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , 19 89 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose-of re-establishing the same, and provided further that such production is commenced during such B 1141 REC 02083258 * 01/05/87 12:02 $0.00 1/008 F 0796 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861243 primary term or any extension thereof, or while this- lease is in force ty reason o£ such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to cotdect exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall tot be increased due to the tern of this lease being extended bysuch production. Rentals set at,the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee stall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased lard, with approval o£ lessor, the following: (a) On oil, 121/4% of the oil produced and saved from the leased laud. At the option of Lessor, and with sixty (60) days` notice to lessee, Lessor may take its. royalty oil in kind, in which event Lessee shall deliver such royalty oil. to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall sot in such case be required to provide free tankage for any such oil for a longer period than one month after the -same is ran into tanks. With sixty (60) days' notice to Lessee,_Lessor nay cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event-shall the royalties be based 'upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such 011, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oiI is run into pipelines or storage tanks. (b) On gas, including casingbead gas or other gaseous substance, I21% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold corder contract that has been approved by Lessor, the fairmarket value of.such gas fon.deterntning the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such. agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shalt be borne by Lessee and such costs shall not directly or indirectly reduce'the royalty payments to Lessor. Except that marketing costs 'for Lessor's la-kind royaltyshall be borne by lessor. (d) 'If Lessor owns a lesser interest intheoil-andgas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which ite interest bears to the whole and undivided fee, 'but-no refund of any bonus consideration shall be made by Lessor hereunder. B 1141 REC 02083258 01/05/87 12:02 $0.00 2/008 F 0797 MARY ANN FE(JERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 31/86). 861243 3. RECORDS - Lessee agrees to keep and to have in possession corolete and accurate books sad records shoving the production and disposition of any and all substances produced on the leased land and to permit ,Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will mot be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEAStRBgNS5 - All production shall be accurately measured using standards established by the American Gag Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided.• 5. PARHI'.N"-S AL REPORTS - All payments and reports due hereunder shall be made on or before the day - . such,payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior Co the last day of the month following each mouth's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, cr encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as se; forth in the PERZZES paragraph herein. 6. PENALTIES - A penalty shalt be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease,- or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest,fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by lessor and shall become effective immediately after public notice. Said schedule may be changed from tine to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances of resolutions applicable to and binding uponthe administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by Iry or as set forth in the aforementioned schedule or shall, at the option of Leesor, result in default as provided hereinafter. - - - - - 8. StRRUTUER - Lessee ray at any time, by paying to Lessor all mounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of Ism by Lessee, lessor or =my assignee of either to enforce this tease, or any of its terms expressed or implied. In no case shall any surrender be effective until-Lessee shall have made full provision for conservation of the teased products and protection of the surface rights of the leased land. B 1141 REC 02083258 01/05/87 12:02 $0.00 3/008 F 0798 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861243 9. ASSIGNtTcNTS (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leaseaold interest of said Lessee in all cr part of the lard covered hereby, but rot less, however, the contiguocs tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment lessor shall take an assignment charge in an amount to be deteroired by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and condition herein. An assignment shall not extend the teat of this lease. (b) I£ any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other Interests. Said interests will not be recognized cr approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terns or conditions hereof or to postpone the time therefor. Lessor shall at sit times be entitled to look solely to Lessee or his assiehee shown en its books as being the sole owner.hcreof, and for the sending of all notices required by this lease and for the performance of all terms and..conditions hereof. • (d) Although not binding on Lessor,..all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shell be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent(5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 !:CF/D). In the event that production dregs to this amount or less, any overriding royalties which exceed five percent (5%) ray be suspended. lessor's approval of a.reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty.snd shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 1.1. OFFSET TELLS - Lessee agrees to pretect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not comoensatedfor by counter-`_rainage. lt. shall be presmed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or ether data., that • production from such offset well Coes not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits. under the leased.land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor.. 12. DEVETAPlSEPR - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed-. with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. FOOLING CLAUSE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the sane field so as to constitare a spacing unit to facilitate as orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservatiot agency having jtrisdictien. Such pooling B 1141 REC 02083258 01/05/87 12:02 $0.00 4/008 (Rev. 11/86) F 0799 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 861243 shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bask: Drilling . or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this 'lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacingunit bears to the total acreage in said spacing unit. . 14. DNITIZATI0N - CCMMUN:TIZATI0N - In the event Lessor permits the land herein leased to be included within a cosamnitization or unitization agreement, the terns of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land tinder this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the tern of such separate lease shall be limited as to the original term of this lease. The terns of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonprodtcing leases shall terminate -on.the-first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease,-hut in no event prior to the end of the primary term of the lease or the extension tern of the lease. 15. PR0DDCTI0N - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing it paying quantities, and shall operate the same so as to produce st a rate cotressurate with the rate of production of wells oa adjoining lands within the same field and within the limits of'.good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitstions on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SHOT-IN CELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for''such:gas can be found, and during say such suspension period, it shall be deemed that gas is being produced hereunder in prying quantities. Except, however, that beginning on the anniversary date nett, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to lessor a shut-in royalty equal to $2 per acre of the lease per ant= in addition to the annual rental. The minimum amount of such shut-in royalty payment shall. be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production, The caxiana extension of the State, due to the existence of a shut-in well, shall be five years beyond the extension term as.. described in the Zrl"[ENSI0N paragraph herein. The :granting of arty further extensions thall be at the sole option of Lessor. - - 17. OP-BAZI0NS - No exploration, drilling or prcduction operation, including permanent-installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep -a correct log of each well drilled hereunder, shoving by name or description the formations passed through, the depth at which • each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee,..within. thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of.Lessor a complete and correct log ofsuch well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of then, are rut; and also at copy of all drill stemtest results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and C.asConservation Commission of Colorado, the requirements of this paragraph for ouch information may be satisfied by such filing with said. Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately. available to Lessor. - Any proprietary information so submitted shall not be subject to public Inspection under Colorado law. - -. • B 1141 REC 020832581 01/05/87 12:02 $0.00 5/008 F 0800 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 31186) --.- ___-------------- 861243 Lessee shall bury pipelines below plow depth. Lessee shall set end cement sufficient surface casing to protect the fresh water veils of the area. 18. NOTIFICATION -.Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at leasttwo weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of.Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS Lessee shall be liable for all damages to the surface of the land, l'vestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be cctnenced on the land bereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as maybe caused by Lessee's operations on said land and to assure compliance etch all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. =Me=T - Lessee shall not rerove any machinery, equipment or fixtures placed on said land, ' other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due. Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, .equipment or fi tures. left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover my valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. PATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface' owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application'shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and bearing, as hereinafter provided, to crtcel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. :.n the event of any such default or failure, Lessor shall, before masking any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty.Oa) days after the mailing of such notice, and if Lessee does not request a bearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or farther notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying- quantities during the primary term hereof, or during drilling operations commenced during-tbeprimary term hereof, Lessee may make written application to Lessor:for an extension of this lease for term equal to the primary,.: term as to all, of the mineral acres covered,._hereby (excluding any mineral acres theretofore surrendered as in the SUMMER Paragraph provided, or'-assigned as in the.ASSIC INTS Paragraph provided). The granting of such extension shall be at the sole option of Lessor at.double the rental fat the primary . term hereof. B 1141 REC 02083258 01/05/87 12:02 $0.00 6/008 F 0801 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) _.. ._.._ -_. .. 861243 -... y . . . . . . . . . . . . ss, sozn a��ss - �48e� Enaii ua�r.ty L�sBor asatast �i liab£2itp sna io�, �e E�a�c azi claims and actions, fr.clnCing We def�se of sucD--elafsc or�aetiona,.based-upoa-o= arisfng:ait o£:damage or � inyury, is�cicdiag C�it2�, to��peraons��cr propezw�csased by or sutaiaeG 3a eonametioc cith�opesatioas w:tEis : lease4 land or by cor.Gitions created t�ereFy, or tased upen aay.violativn of s��statate,�orCinaace,.�or� re�alatioa. 26. CA&D�47A'�ON - Zf the leaseQ land sbaZl be taken in aay condeacation pzoceeding, tbis lease sha21 autamatinllT terminate as oi rhe dau of uking. �Le avarC for svcb eoadecaatioa shall be paid to Lessor, � � aceept _:or _my speci'ic avazd(s) pn₹d to Lesset far sevezed oil mmC gas reseroes, ia vhich eveet XXXXXXXXXXX of such speclfic avarA(s) sLall be pald to Lessor ia lieu of royaltp los= bp vYrtue of the - eonuemnaticn. Improvmencs shall be smoveA by lessee per terms ia t.1e S'F��F'"�T Paragraph Tereia. Tf � anly a Fortion of the leased laad is taken by condematlon, Lessor ¢ay, at its optioa, tesmirate this lease �. or texminate on2y Lhat port:oa of the le�ce. so ukm. � � � 27. IItRORS - Every �ef'ort� is made: by��2ersor to avoiA errors in alI prxed�sea: iacluGing�Dat aot � _.... . _ . , . � liaSted u auction liscings aad lesne prepazation. I.esaar at�a12 noi be 2Sable zor am inccsvecience ar 2oss . caased by errars �ri�ieh say occ�. .Lesue .shall.nctiEy Lesso: ix�eeCiate2y cpou Q£scwery�o£. �y arrors or Qisarepancy c'hacever. . . .. . . . ... .. _. ... _.\.. .. . 28. ARCHAEOIAGS - Lessee sLall not destroy, disrisD, car, collect, renme or.slter�any-prrhiatoric or hisuric reaomees of mm}� YSad w.Sield Coimn lands��.as provieed by Say. �se reso�cec fnclnQe baLare not � 17miteC to aII asti:acu of rtone, vooG or xu2, pictographs, structares, aQ�boaes_��',A disecver9 of � �pYhis+g o£ ..psPhistaric or �Sstcric..:nature s�sil� ba xepOrted to Lessor or �Lhe .State'-of'�_Colorgdp . . . Archaaolo�!l.st i�Miacely. . . . . .- : .�.:�. . . � : . 29. DEFIT.i"T. S0li5 - . � . - . . . (a) ^Gu^ as used hCrtSa shall neaa aIl �ses (ca�bisti�l� �.d a0uc�xbust�ble), 4�IcQisfg�but�aot� � 23mited to all gsseous hqdrocuzbons, ysews compoc+nds� cazb� Efwlde, :.nE heli�. . � . � . .. . ... (b) ^pil aad gas^ as naeC hexein shall Snclu�e all snbssancer prodcced as bp-pmCvcrs rheres3tk, inc3uQing bat noL SinSted Lo snlfls. (c) ^Paying gummtities^ as used h�re� shall mean a=+d refer u qLantities o£ oil mmQ �as ar af etther of them auf:icimt to pay for the ccxrent cost o- prodacfr.g same. . . , . - �� - � . . . . . . . . , _.. . 30. �.�IpS A2ID dSS:GhS.- �s bmefits and ob:igatioas of Lbis lesse shall i�re ta,-�td�be�,LSa6ing npon . � . �..the heizs„`Itgal'rtpseaeatatives,.. successors�or ass!giea of Lessee; bu; no sablease or assf�rnL-fiereo£,�.or � of any iaxerest herein, shall bt LinA;ng�upoA I.escoi �GYil tIlt samC ha8 beea approveC ty �i�scr. as �n2ained � in We ASSIQAQE,7.S' paragzaph provided. 31.. RARRAtaT OF TS_2E - iessor does- not vanant title to the lrased premiees, but �St shal2, ti-poa � request� al2w Leasee zcceas Lo such abstracte ead other title papers as iL bas ia iu £iles. Thexz sLa22 � Dt a0 ob2£gatSaa � lessor�s gart tp Furchase Ae� .�'s aupul��ta1. or otbcr tiLle p�era nos Lo do m9. � e�sattvn wrk ia ccm�ectioa vitb title W xhe suDjeet Ymmds. A11 :3�srraets oF title, vSer]ser �aev or enpple�eatsry, oD[sfae6 Dy LeuEs mmd cevering. Lhe sz:DjeeL Iaada shall becwe xhe pzoperry of �d De � . �Gellvered to Lecsor a£ter Lessee Las completeA�iu tirle esa�ination anQ ccrative vork, sub�eet, bwever, to� � �� . tbe right of Lessee to uae sneh abstracis upoe reqvest at my time dnKng t3e tesm o₹ the I.ease. . B 1141 REC 02083258 Q1/05/87 12:(b2 $Q.00 7/008 F 0802 MARY ANI3 FEUERSTETN CLERR & RECORDER WELD CO, CO (kbv. ll/86) . ... 861243 IN-trn,, tetx.oF, lessor has hereunto signed and caused its name to be signed by the EOAZ) OF COV T CO"2IISSIO!PS OF TILE COtnY OF iltD, with the seal of the office affixed, and Lessee -tut signed this agreerent,-the day and year first above written. : . EOM OF CCL::SY CCt^_4S3r0LS WEW Car, C0L0F. Weld County Clerk Recorder and Clerk to the Board/ By: 11 �' V in a— , r \y t-,!!"/A� - .. 1 t4OLAN ASi-iBURN . t. r rte: 5935 W MANSFIELD AVM. fJ :. ? h UNST.255. ;Aft J 4 DENV ,:CO 80235 n l STATE OF COLORADO ) ) SS. cotrk OFMENVEQ-) the foregoing instrument vas acknowledged before sue this ,..-4101--aday of 4IG.C _i , 14 76 by Witness t•7 hand and official seal. - - My Comf58Y i`F;.Tires: 1, n p -`n-r - �:Notary•Public . L�.2 �' � ,Q' + � -Y/L3--� :rr . ce T. �. ?if) jt _. cf ye . O E r. 1141 REC 02083258 01/05/87 12:02 $0.00 8/008 F 0803 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO C (Rt.. 11/84) 861243 ` O— 11 f Qs in ease dafied / ziaq/840 on S&41 5? nlEy S ≥ S, T4,u, 257 t3 PS Form 3800,June 1985 *USG faD %D O = I-4 ca 1-• z O 3ojoo1 D,1 v, ,CI „ A R 'A3. n r°I " � =. 'l v .t ‘‘;;I • S m a., -�I .� ;; �� al to m n o y ?2 & I o f < I o o m C _°'8 ,o ot1 _o 2t O C r � w I =1', ; m co PI, -' o Ng oi. , 2 'i co M `3 —t.O b"' a of o n j a 'O F'' =z 37 C o- n m --N fD O t i 0 I a = y a Q m cod ` Co z; m t m I m C '-:.- Q- D in r •SEN DE,R.Complete item,items.1 and 2 w M andante rvfces are dsred,and complete ftaon;3 as 4. Put youraddnu fn tha RETURN,Tr tpawopthe�rawnastdt.Fanureto,do:tllswitt pravantthls erdfromttnaietumad'm ur�'n{ �(a wjW v&uthe naps tf' pnn d.Uvndta -i s4 L9! n wfor aidW0mt tee4tbe c�g�avineara.eva iebw.Consult .. Cl _ 4• • .., d SSttwgr�Tor'aAdtefomF4aviiaW'tqun.eid,1 '. 1 flShow.town.Aom d des„aiQaddseees'a'.addras', ' 2 Q;Raaicud Detha r :y . ,y, 3 ATlid R` ' rl i3nr$O2.Qi5)t ,fy..q.,, 4Anb1e 1 � c ' ., Nolan Ashburn 8ervioe - _ i 5935 W. Mansfield Avenue 1 Unit 255 " : Regina*. [� In ured' certtHed' 9 COD Denver, CO 8O235 Exprwman R. ... Always:.obal.. ure of or . ; apsrrt grid D 8.Add's.", t1 izaut 'requested / - 11 7. t ci' 4 . x . "xr RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 31 TOWNSHIP 9 NORTH, RANGE 60 WEST OF THE STE P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, Kilroy Company of Texas, Inc. , 1021 Main Street, Suite 1900 , Houston, Texas 77002-6677, submitted the high bid to lease 160 net mineral acres, more or less, described to-wit: Section 31: SA, Township 9 North, Range 60 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by Kilroy Company of Texas, Inc. to lease the above described mineral acreage for TEN AND No/ 100 DOLLARS ($10.00) per net mineral acre, for a total sum of ONE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($1,600.00) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of Kilroy Company of Texas, Inc. , 1021 Main Street, Suite 1900, Houston, Texas 77002-6677, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. LODI'Z C.C.'/,3°ffray_ 6:w 861244 Page 2 RE: LEASE - KILROY COMPANY OF TEXAS, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. (� BOARD OF COUNTY COMMISSIONERS ATTEST: ��r( &t& 2. 'a- WELD COUNTY, COLORADO Weld County Jerk and Recorder and Clerk to the Board J cqu i s , C airman BY: 29e," ce . L , ro-Tem Deputy ountyjk EXCUSED DATE F SIGNING - AYE APPROVED AS TO FORM: Gene1 R. Brantner '7 107, c tc----- 66ir,7/,ems C.W. K County Attorney Fran Yamaguc t , '':0, • 861244 PARCEL #10 AR2083257 VELD COUNTY OIL AND GAS IFASF •_... . . .. • Containing 160_ acres, more or less; Containing 160 net mineral acres, more or less: THIS IFASF AGREEMENT, dated this 29th day of December , 19 86 , made and entered into by and between WED COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF TEE COUNTY OF WELD, for its respective interests, c/o BOARD OF =NIT COMtaSSTONERS, WELD COUNTY CEHTElR`11AL CENTER, 915 10TH STREET, GREEL Y, CO 80631, hereinafter called Lessor, and: - KILROY COMPANY OF TEXAS, INC. _1021.MAIN STREET; SUITE 1400 HOUSTON, TEXAS 77002-6677 hereinafter called Lessee: SIITN SSSFTH WHEREAS, said Lessee has applied to Lessor for en oil and gas"lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of S 10.00 per mineral acre, fixed by Lessor as an additional consideration:for the granting of this lease, and Lessee agrees to par an annual rental cf $ 160.00 , computed at the rate. of. $ 1_00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have been duly complied- with and said application has been approved and allowed by Lessor; - THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed,. Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any-andail rights and privileges necessary for,the exploration and operation of said land for oil and gas, the foilowir.g -.described laud -situated. in.:the. County of Weld, Stater of-:Colorado, and more particularly described as foli wa: DESCRIPTION OF LAND - Snc•T1ON TOWNSHIP RANGE SW1 31 9N 60W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , 1989 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or lessee is diligently engaged in bona fide drilling or reworking operations on said- land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is corned within sixty days upon cessation of production for the purpose of re-establishing the same,- and: provided further that such production is commenced during such B 1141 REC 02083257 01/05/87 12:00 $0.00 1/008 F 0788 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) r�G./69 861244 .c primary term or any extension thereof, or whilethis lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - .If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shalt during such extendedperiod-pay to lessor an arsaal rental at doable the rate above specified for the land covered hereby. The rental In effect at the time production is established shall not be increased due to the tern of this lease being extended by such production. Rentals set at the time of established production shall be paid during the reaaining,li£e o£ this lease, artually, in advance, -.. on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee stall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, =avoidably lost or flared on the :eased land, with approval of Lessor, the following: (a) On oil, l2k% of the oil produced and saved from the leased land. At the option of Lessor, and.with :Sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to.Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is rum into tanks. With sixty (60) days' notice to Lessee, Lessor ray cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field fcr such oil, upon -a market value at the well less than the :prevailing-.price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. - (b) On gas, including casinghead gas or other gaseous substance, 123% of the fair market value at the well or of the price received by Lessee at the well, whi Never is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties,payable hereunder shalt be the price at which such gas is sold under such contract. No approval by Lessor of the terms of anysuch agreement shall operate to take lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in hind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by lessor. - (d) If Lessor owns a lesser interest in the oil and gas depositsof the above-described land than the entire andundivided fee simpleestate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole, and :=divided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. B 1141 AEC 02083257 01/05/87 12:00 $0.00 2/008 F 0789 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861244 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records shoving the production and disposition of any atd all substances produced on the leased land sad to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. HEASVRDWYTS - All production shall be accurately measured using standards established by the American Gas Association (ACA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall le calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. - _.. . 5. PAD NTS h REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. • All payments stall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a Late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and maybe in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared' by Lessor and shall become effective immediately after public notice. Said schedule may be changed iron time to time after public notice. 7. LAW The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for bylaw or as set forth in the aforet:entioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amonats the due as provided herein, surrender this lease insofar as the same covers alI or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrcnder or cancellation of this lease shall- be for less than contiguous tracts of approximately • forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clans* and the option herein reserved to lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of say suit in any cast of law by Lessee, Lessor or Any assignee of either to enforce this lease, or any of its terms expressed or implied. - Inno"case-shalt say surrender be effective until lessee shall have rade full provision for conservation of the leased products and protection of the surface rights of the leased land. - - '.. B 1141 REC 02083257 01/05/87 12:00 $0.00 3/008 F 0790 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. Tl/86) 861244 9. ASSIGNYINTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said lessee in all or part of the land covered hereby, but rot less, however, than contiguous tracts of approximately forty (40) acres or Governrental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by lessor of assignment of this lease, Lessee (assignor) shall not be relieved cf its obligations under the terms and conditions herein. Au assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as - this lease, and limited as to term as this lease is limited, and the assignor shall be released and . discharged from aIl-further obligations and liabilities as to that portion so assigned. . on O (c) Lessee shall notify Lessor of all assigcm eats of undivided percentage or other interests. oU Said interests will not be recognized or approved by. Lessor, .end .the effect of any such assignments will be strictly and only between the parties thereto, and outside..the terns of this lease: and no er O dispute between.parties to h operate performance of any U . such assig t.shsll orate to relieve Lessee from Ca terns or conditions hereofor to postpone the time therefor. Lessor shall at ell times be entitled to 1.4 look solely to Lessee or his assignee-show en its..books as being the sole owner hereof, and for the p3 sending of all notices required by this lease and for the performance of all terns and conditions •rd hereof. O O (d) Although not binding on Lessor,-all instrtments of every kind and nature whatsoever affecting U this lease should be filed with the Lessor. W Oo a 10. OVERRIDING ROYALTY. - Any and all reservations or assignments or overriding royalties shall be N 's subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), ,.d 4 including any overriding royalty previously provided for unless production exceeds..a monthly average of W fifteen (15) barrels per day or ninety thousand cubic feet of gas per day ;90 *..Cl/D). In the event that n7 production drops to this count or less, any overriding royalties which exceed five percent (53) may be 0o U suspended, lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor cee for payment of asid overriding royalty and shall not relieve Lessee of any of its obligations for payment of -.JO royalties to Lessor as provided by ROYALTY paragraphs herein. ..,Eon P ul Il. OFFSET WELLS - Lessee agrees protect drainage by to the leased land _rca offsetwel2a located os r-la adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It Le rya, shall be presumed that the production of oil and gas from offset wells results in drainage from the leased el land, unless Lessee detonstrates to Lessor's satisfaction, by.engineering, geological, or other data, that o Z production from such offset well does not result in such drainage, or that the drilling of a smelt or wells CNI cn on the leased land would not accomplish the purposes of protecting the deposits under the leased lad. U£ Lessor's decision as to the existence of-such-drainage shall be final, and Lessee shall comply with Lessor's 144 order thereon or surrender this lease.** to any- such undeveloped acreage asdesignated by le«. vm -. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on. the leased land, t.csn. .shall proceed with reasonable diligence to develop said land at a. rate and to an extent commensurate with the economic development of the field in which the leased land lies. az � �.-... . • 13. FOOLING CLAUSE - Lessee ray at any time -or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State.or Federal regulatoryor conservation agency having jurisdiction. Sucb pooling • (Rev. 21/86) 861244 Or shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all. purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. 12EITIZATICH - C0flC1{l_'IZATION - In the event Lessor permits the land herein leased to be included within a cowunitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. Whey only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not ceemitted thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terns of the lease on that portion retaining in the unit shalt be' deemed to be modified to conform to such agreement. Nonprodncing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the etc' of the primary term of the lease or the extension term of the lease.IS• . PRODIICLION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all yells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the are field and within the limits of good engineering practice, except for such times as' there artist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SENT-IN CELLS - If Lessee shaIl complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor ray grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in prying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to S2 per acre of the lease per annum in addition to the annual rental. The ainimum amount of such shut-in royalty payment shall be $240. Each . year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described it the EXTENSION'paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well- or reservoir, • without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well whey such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Cas .Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information-.is immediatelyavailable to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. - B 1141 REC 02083257 01/05/87 12:00 $0.00 5/008 F 0792 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86). 861244 Lessee shall bury pipelines below plow depth. - Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the.area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations. thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be coamenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as maybe caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. a bond may be held in effect for the life of production of any well. 20. S=Illaer - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land, for a period of more than six (6) months after the expiration hereof, shall automatically Decent the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. WIER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEPAILT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply withlaws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any Such default or failure, Lessor shall, before making any such cancellation„ send to lessee by certified mail, to the post office address of said lessee as shwa by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of.mailing said notice, lessee shall correct such failure or default, no cancellation will be made. If such-failure or default is not corrected within thirty (30) days after the mailing of such notice, ard if Lessee does not request a hearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by lessor, or further notice to Lessee- 2i. EXTENSION - If Lessee fails to make discovery of oil and-gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced durine the primary:term hereof, lessee may make written application to Lessor for an extension of this lease for a term equal..to the primary: term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore surrendered-as in the SMELTER Paragraph provided, or assigned as in the ASSICNTZhtS Paragraph provided). The granting of such extension shall be at the sole option of lessor at double the rental for the primary tern hereof. _ B 1141 REC 02083257 01/05/87 12:00 $0.00 6/008 F 0793 MARY ANN FEttSERSTEIN CLERIC & RECORDER WELD CO, CO (Rev. 11/86) 861244 25. HOLD HARTIIESS - 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 cr property caused by or sustained in connection vith operations on this leased lard or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEtSrnON - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate cs of the date of taking. The award for such condetaatiot shall be paid to Lessor, except for any specific awards) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by lessee per terms in.the 3 fled Paragraph herein. If only a portion of the leased lard is taken by condemnation, Lessor may, at its option, terminate ibis lease or terminate only thatportion of the lease so taken.- • 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss. _. . caused by errors which may occur. -Lessee shall notify Lessor immediately upon discovery:of'any'errors or discrepancy whatever. 28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or attertry prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources Ynclude.but_are not • limited to all artifacts of stone, wood or metal, pictographs, structures, and bone[. -1. discovery of anything of prehistoric or histcric nature shall- be reports to Lessor or the' State of'AColorado Archaeologist immediately.- . . .r 29. DP_FL!^'rrnNS - (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helm. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities^ as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing came. 30. HEIRS AND,ASSIGNS - The benefits and obligations of this lease shall inure-to:cid-be binding:upon 'the heirs, legal representatives, successors or assigns of Lessee; but to sublease or assignment hereof, or - of any interest herein, shall be binding upon lessor until the same has been approved:by Lessor as explained in the ASSIGNMENTS' paragraph provided. = .. 31.. FAnA TT OF TZILE - Lessor does not warrant title to the leased premises \but_ it shelf, -Upon request; allow Lessee access to such abstracts and other title papers as it has in its files. There shall be ao obligation on Lessor", part to purchase new or supplemental Or other title papers nor to do any curative work in connection with title to the subject lands. S11 abstracts of title, whether nev or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be. delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of lessee to use such abstracts upon request at say time during the term of the Lease. • B 1141 -REC 02083257 01/05/87 12:00 $0.00 7/008 F 0794 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861244 r0 IN WIT2tSS WHEREOF, lessor has hereunto signed and caused its name to be signed by the 30AD Or Bomar COL2CSSIOAEFS OF IRE COCNIY OF WELD, with the seal of the office affixed, and Lessee has signed this agreement, the day and year first above written. BOARD OF COt Y CO-2CSSZO ERS REID COEC!, COLORADO AITSSTY c" 6 u/wvl-r vat.2,4, t,,,, Weld County ClerkUand and Recorder 47 �c and Clerk to the Board _ ly . Byf .ode, «� i y lZSSEE: KILROY" . COMPANY' OF AN TEXAS INC. - 4 OX . FX. C _ , A `� • M.L. MIXON, ATTO2 Y—BS CTTut STATE of mac; ) - Barris ) SS. COIRtlY or base ) J}� Me foregoing instrument vast acknowledged before me this �—delay,,ofrf 1:2�."eclQ. rrt,Q -�� s 19 + by "`'S' I ri^^�e-rx 1....-.•-..•—..- &:kn-�o* sf a0 , _ I . ..,f`r✓, .Dtinc . Witness Icy hand and official seal. (1 DONDA R.TYRA fly Conaission Fapires: NOTitY n(3 [ T- a E OF TEXAS Y F''� COMMISSION EXPIRES 12-5-87 Goa `'� - -C)'n e J? Gil . Notary Public 3 : 7.,,k y/. n . - en I B 1141 REC 02083257 01/05/87 12:00 $0.00 8/008 F 0795 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861244 ..rte Oil h Gas Leases to Kilroy Company of Texas, Inc. on SW1, S31, T9N, R6OW; and N1/2, SZ4, TSN, R61W mailed on 1/14/87. O t O a, u ��. H I�+ h I I I .L' cc _ MAD i,nilII -11 t i-,� x -o 1 I I:1i I 5 ir C>3'....;z 001n : i alai m w A I i O dy I I , 2 r `--=, � v io ^; LL Se H^_ O C � (t : i Ivy o� 2 G o U '-[ft .6 I a ° i cO r �.o c d w ~ >. O r� O 2i "c a U O ar a 1., in- Ti;I � ! ,¢� , x w H N 7 I9it: I � sptc¢ :-.1 w O O - 2 1 c r 4 I c318°' wr w -W V.S-f#a 5861 durtr - 008£w,oj SCE r ,WIDER:,_ComWlM itanr l and Z When addPtlonal aarviou arsdWrad,ardCarptats iianit$aad4.`- •.r attYoueoddintistha."RETURMTen paerar'tlionvlsra-4dIs-Fauns toi ells win Srawat"K M1araLYearabairlIPqualad toyou , , adlaraiiabaifurOsif raatrelak :tIy� �Bhainrtoathoai pilr,arr4addrwMaa�aw, x ❑RNtrNpd ON 1 :. Kilroy Co. of Texas, Inc. A (p'�D '1021 Main Street, Suite 1900 it fr[1 TS i .4;:c., ," ; _r • .Houston, TX 77002-6677 x$ `• 8'COO- ""^w a h. •'Always obtorn;ignitor'of acidness or $810otu o. a".... a.Addis''Adds. ONLY if x ,',:,,,,--;‘,,,:Ate,,. . .< - 1, requateda+d feepa4 kr ,.oau � rs �4 �fi>4. 4 4. s i r • �Rayplt5 I Sr 110046 861242 LE0048 861244 ins RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 3, TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, PanCanadian Petroleum Company, F.O. Box 929, Denver, Colorado 80201, submitted the high bid to lease 321.16 net mineral acres, more or less, described to-wit: Section 3: N1, Township 7 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by PanCanadian Petroleum Company to lease the above described mineral acreage for SEVENTEEN AND 51/100 DOLLARS ($17.51) per net mineral acre, for a total sum of FIVE THOUSAND SIX HUNDRED TWENTY-THREE AND 51/100 DOLLARS ($5,623.51) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. goo LA /// (/'\. Cc: 1 p/1 Cod 1G�.Gc r:-f'ic c TO 861245 Page 2 RE: LEASE - PANCANADIAN PETROLEUM CO. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: '7'11q c 4:9 t WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board cgu z nson Chairman BY: `� ,Q/..J..((4�,,W . -La o-Tem Deputy 'County erk EXCUSED DATE 9 SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner t aC GA �c�� C.W. Kirb p7 County Attorney /�j�Jj Frank Y c� ,‘C- 861245 - PARCEL #12 AR208'3256 VELD COUNTY OIL AHD GAS LEASE Containing ,321 16 acres, more or less; Containing 371 .16 net mineral acres, more or less: IRIS LEASE AGREEMENT, dated this 29th day of December , 19 86 , made and entered into by and between WELD COUNT!, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF TEE COUNTY OF WELD, for its respective interests, c/o BOARD OF . r. COUNTY COYMISSIONEBS, FIELD COUNTY CENTENNIAL CENTER, 91.5 10TH STREET, GREELEY, CO 80631, hereinafter called Lessor, and: - PanCanadz.an Petxoletan Company, P.O. Box 929a Denver, Colorado 80201 - hereinafter called Lessee: RIINTSSETH WF1REAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 17.-51 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease,.And Lessee agrees to pay an annual rental of $ 322.00 ,computed at the rate of $ 1.00 , 'per mineral acre or fraction thereof per year. WhnREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by lessor under the terms of this lease, together -with rights-of-way, easementa and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said Land for oil and gas, the. following described land situated in the County of Reid, State of Colorado, and more particularly described as'follows= DESCRIPTION OF LND SECTION TOWNSHIP RANGE N' 3 7N 63W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee anti' the hour of twelve o'clock toon on the 29th day of December , 19 89 as primary term, and so long thereafter as oil andgas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or stile this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such B 1141 REC 02083256 01/05/87 11:59 $0.00 1/008 F 0780 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO <Rev. 11/86) - - �QCy9 861245 • primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such. exploration does not interfere with rights granted herein. - - - In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION - • paragraph hereof, Lessee shall during such extended period pay to lessor an annual rental at donble the rate above specified for the land covered hereby. The rental in effect at the time production is established Shall not be increased due to the tern of this lease being extended by such production. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased laud and Lessee shall pay to Lessor es royalty, in addition to the rentals provided, but except for products used on the leased lands unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, 12lik of the oil produced and saved from the leased land.. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor nay take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor an the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may Cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to. Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a pasted price in the field for such oil, upon a market value at the bell less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is rum into pipelines or storage tanks_ (b) On gas, including casinghead gas or other gaseous substance, 12k.% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold £roc the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market valte of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract: No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All coats of marketing the oil sad/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payrents to Lessor_ Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If.Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder_ - B 1141 REC 02083256 01/05/87 11:59 $0.00 2/008 F 0781 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861245 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate boots and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support. documentation. Lessor will not. be unreasonable with requests.. --- A11 said books and records shall be retained by Lessee and made available in Colorado to lessor for a period of not less than five years. 4.. MEASUREMENTS - All production shall be accurately measured using standards established by the American Cas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due Within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different meats of measurement, subject to Lessor's approval, is provided_ .. - 5. PAYffi'RPS b REPORTS - All payments and reports due hereunder shall be made on at before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by.Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared b lessor and shall become effective immediately after public notice. Said schedule may be changed from ..: to time after public notice. 7. LAW - the terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders,. local ordinances or resolutions applicable to ant binding upon the administration of lands and minerals owned by the County of Weld, and to laws, roles and. regulations- - - governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as -set forth in, the afore:motioned schedule: or shall, at the option of Lessor, result in default as - provided hereinafter. 8. SURRENDER - Lessee ray at any time, by paying to Lessor all. amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered;. provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of apprrrfreely. forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this surrender clause and the option herein reserved to lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of Ise by Lessee, Lessor or any assignee of either to enforce ibis lease, or any of its terms expressed or.implied. .In no case shall any surrender be effective until Lessee shall have made full provision for conservation of the leased products, and protection of the surface rights of the leased land. 8 4141 REC 02083256 01/05/87 11:59 $0.00 3/008 F 0782 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861245 • 9. ASSIGNS - (a) lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but rot less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall make an assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, t.esset (assignor) shall not be relieved of its obligations under the teems and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, a nee lease shall be issued to the assignee covering the assigned land, containing the sane terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, end the effect of any such assignments will be strictly and only between.:the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terns or conditions hereof orto postpone the time therefor. Lessor shall at ell. times be entitled to. look solely to Lessee or his assignee show en its Docks as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY. - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including may overriding royalty previously provided for unless production exceeds a tenthly average of fifteen (15) barrels per day or ninety there and cubic feet o£ gas per day (90 MCF/D). In the event that production drcps to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not biud Lessor for payment of said overriding royalty end shall not relieve Lessee of any of its obligations for payment of royalties, to Lessor as provided by ROYALTY paragraphs herein. - - 11. OFFSET ;JELLS - Lessee agrees to protect the leased land frem drainage by offset wells located on adjoining lands not owed by Lessor, when arch drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas froc offset wells results in drainage from the leased land, unless Lessee demonstrates to lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of awn or wells. on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEPELOPL'1£NT - rpm discovery of oil and gas or either of them on the leased land, Lessee shall. proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic developmentof the field in which the leased land-lies. 13. POOLING CLAUSE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling E 1141 REC 02083256 01/05/87 11:59 $0.00 4/008 (Rev. Was) F 0783 MARY ANN FECERSTEIN CLERK & RECORDER WELD CO, CO 861245 shall be accomplisbed or terminated by filing of record a declaration o£ pooling, or declaration of termination of pooling, and by matting or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. tnsITIT TION - C0:4S3NC1Z IOR - In the event Lessor pernits the land herein leased to be included within a coamunitization or unitization agreement, the terns of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not coamhitted thereunder; the tern of such separate lease shalt be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Noaproducing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of theprirary term of the lease or the extension term of the lease. IS. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering-practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee sball be responsible for adequate site security on all producing properties. 16. SUUI-1N VELLS - I£ Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor ray grant Lessee suspension of his obligations to produce hereunder until a gettable market for such gas can be found, and during any such suspension period, it shall he deemed that gas is being produced hereunder in peyi.ng quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to S2 per acre of the lease per ana n in addition to the annual rental. The minimum amount of such abut-in royalty payment shall be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the E=SION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by note or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, 'within thirty (30) days after the completion or abandonment of any vell drilled hereunder, shall file in the office of Lessor a complete mad correctlog of such -well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of . perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Cgs Conservation Commission of Colorado, the requirements of this paragraph for eachinformation nay be satisfied by such filing with said. Commission, except for copies of the Lavinia as are required by the ,following paragraph, and provided that all such information is immediately available to lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1141 REC 02083256 01/05/87 11:59 $0.00 5/008 F 0784 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861245 • Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOILIPICATION Lessee shall notify Lessor and the surface lessee or striate owner of the location of each drill site at least two weeks prior to commencing drilling operations tlereon. Lessee shall notify. Lessor before commencing to plug and abandon any well by copy of lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing. . crops, water wells, reservoirs, or improvements caused by Lessee's operations oe said land. No operations shall be ccsenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as maybe caused by Lessee's operations on said land and to assure compliance with all the terms and provisions:. _ of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of anyiell. 20. SECTLE WNT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than, six. (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. 018ER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, ott or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which.event Lessee and Lessor may negotiate a provision for production of such discovery. 22. EATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any uontributary water rights established on the leased land which ray be put to beneficial use off said land. • 23. -DEW= - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but tot limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by lessee hereunder. `n the event of any - such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from tbe date of mailing said notice, Lessee shall correct such failure or default, no cancellation wilt be made. If -a such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee-does not request a bearing on such notice within thirty (30) days, this lease will terminate and be.. cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. . ESIENSION - IfLessee fails to make discovery of oil and gas, or either of them, in paying. quantities during the primary term hereof, or during drilling operations commenced daring the primary tern, . hereof, Lessee may make written application to lessor for an extension of this lease for a tern-equal to the primary term as to all of the mineral. acres covered: hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned: as in the ASSIGenraas Paragraph provided). - The :granting,of such extension shall be at the sole option of lessor at double the rental for the primary term hereof. • B 1141 REC 02083256 01/05/87 11:59 $0.00 6/008 F 0785 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861245 25. $OLD liATIZESS - Lessee shall -indemnify -Lessor against all liability and loss, and against all claims and actions, including the defense of sucta'claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26., CONDELIAtON - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate es of the date of taking. The award for such condemnation shall be paid to lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific a1ard(s) shall be paid to lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by lessee per terms in the =WENT Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. . ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any incoaveaieace:or loss caused by errors wfiich may occur. Lessee shall notify lessor immediately upon discovery of any errors or discrepancy whatever. - - - 28. ARC$AEOLOG2 - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources iec1u4e-but are uSe limited to all artifacts of atone; -wood or metal; pictographs, structures, and bones. A discovery-of anything of prehistoric or historic nature. shall be reported to lessor or the State of Colorado Archaeologist immediately. 29. F IT71- ONS - (a) ^Gas" as used herein shall mean all gases (ccwbusrible and noncombustible), including bat not limited to all gaseous hydrocarbons, gaseous co:pounds, carbon dioxide, and helium. ., (b) "Oil and gas" as used herein shall include all subs-.antes produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of then sufficient to pay for the current cost of producing same. 30...-limas-AMID-ASSICSS -..Thu benefits and obligations of this lease shall inure to and be binding upon ':7. the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the ASS1GR t ` paragraph provided. 31.. WARRANTS OF TITLE - lessor does not warrant title to the leased premises, but it shall, upon request; allow Lessee cotes* to such abstracts and other title papers as it has in its files. There shall be no obligation on lessor's part to purchase new or supplemental or other title papers nor to do any curative work is connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall beccme the property of and be delivered to lessor after lessee has completed its title euutination and curative work, subject, however,. to the right of lessee to use such abstracts upon request at any time during the tevm o£ the lease. • 8 1141 REC 02083256 01/05/87 11:59 $0.00 7/008 F 0786 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. I1ls6) 861245 iZ • • IN lallISS WHEREOF, lessor has hereunto Signed and caused its name to be signed by the ;am OF COD:ZY COt•3IIsnot RS OF T Cella OF F'ELD.. with the seal of the office affixed, and. Lessee has signed this agreement, the day and year first above written. - - BOARD OF coral' CO!^..CSS?^.KERS itELD COUNTY, COLORADO • r"--- . Held CountyAnsixtCand Recorder - y/ and Clerk to the Board J[N� .�y /-1'77 • ,a. " , s .- ' - SFSarc;�G •�`rF:f i'T �. • PANCANADIAN PEIROI. at.CC2+PANY F a . RY 4 0V..J.. . ttorney-ia-Fact Manacar. Land & NegotfationS,-_E.S.- SATE OFCOLORADO COUNTY OF DENVER Cn undersigned b7p¢_— Y of fi.,2,�. in the year 19 g ' Public, personal) before me, the ied V Person is Hare is subscribed to awithin instrurmTht as.J. Luszcz, the A to me to he the oname ofbscribed the anP trol Petroleum and adq�aal to n at he si i tr`Fact. 'T Pn nciP31. and his awn name as AttDxney- ' hand and official seal. C ^ ` on Expires: pO • �,A_��v�`);'c Expires. - Notary Public '7 /U ;/. id -, • Suite 1800, 600-L7th Street � Denver,-Coloracb 8T402 2 . S B 1141 REC 02083256 01/05/87 11:59 $0.00 8/008 F 0787 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO C, • 4 861245 t{ N Oil & Gas Leases to PanCanadian Petroleum Company on N1, S3, T7N, R63W; S5, T7N, R63W; S1, S4, T7N, R63W; and NE3 ; S'NW'z; s1, S9, T7N, R63W, mailed 1/14/87. • AS Form 3800• June 1985 ♦U.S.G.P obi PH 2); -t a. .lb oc I ;_ :, 2-' t � I ?' NI Q. •On in n 0 ,01n„ of n r 8 ! O m ,e' no0 c,vs.I Cc° n e o C) K o d u: A iaI � ca y 9. •o'er . ".- '0 N .D f I n N r t ,T,, M"' s ; ' O R y 2 1] c ' I I t I m• O p; y C s< rn s 1 m 9 �O r O Ij 3 Q, 0 D �) I 9 F co . 7 gll SENDER:Complete iterna f and2when additional ne4ces are derAal and oonK,lste items 3 and 4. Put your address in the"RETURN TO":i o:Son ttba nvares side.Nikon*do mho:ll prevent This card from being raturtiod to Yaa Th f ttaddk 1 t Rprp��x tka Mnip Or the p rson �{Nchldtojngdisd btil vera Pot , .4olldwhg aacvkas matiLaNt.Consult. poeausaertor.(was.daMolcJgx-as?foraddltloav(safd.reCuntS "" 1.121S1wi;;4o+altar{Cda1MtM?. a;rmd-addewahaaddlwe.' ..:2r DAwirknf'Dtl v." -:i, PanCanadian Petroleum Company frt f •�� • 'P.O. Box 929 Denver, CC 80201 RaisedInsured, ''c " COD. Always obtain alynatuni of addressee or X., U` 1� ``: /L' • raThinfdandfund) X . Ag `ent r - 4' }/y IFTee1R� r . "`L . t?4` jE n. ,5yr LE0049 861245 LE0050 861246 LE0051 861247 LE0052 861248 i RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATEI IN SECTION 5, TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH F .M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, submitted the high bid to lease 639.42 net mineral acres, more or less, described to-wit: Section 5: Township 7 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by PanCanadian Petroleum Company to lease the above described mineral acreage for SEVENTEEN AND 51/100 DOLLARS ($17.51) per net mineral acre, for a total sum of ELEVEN THOUSAND ONE HUNDRED NINETY-SIX AND 24/100 DOLLARS ($11,196.24) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29 , 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, be, and hereby is, accepted for a period cf three (3) years with the total sum being as above listed. /14:042.��0� n 1.e /c%, ��ccnc Uc� 861246 Page 2 RE: LEASE - PANCANADIAN PETROLEUM CO. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board J cqu nso C airman CRY-tOriX 21;01 . a 1 , o-Tem eputy County l EXCUSED DATE C SIGNING - AYE APPROVED AS TO FORM! Gene R. Brantrer C.W. Ki D: ' ' County Attorney Fra Y uc 861246 PARCEL #13 AR2083382 WELD COUNTY OIL AND GAS LEASE Containing 639.42 acres, more or less; Containing 639.42 ` net mineral acres, more or less; IRIS LEASE AGREEMENT, dated this 29th day of December 19 86 made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMISSIONERS OF TEE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY 0044'SSSIONERS, WELD COUNTY cmnim lAL CENTER, 915 10TH STRUT, GRWS?, CO $0631, hereinafter called Lessor, and: - PanCanadian Petroleum Conpaiiy, P.O. Pox 929, Denver, Colorado 80201- hereinafter called WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 17 51 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $_ 640.00- , computed at the rate of $ 1.04 ,.-.per mineral acre or fraction thereof per year. - - W`EEYEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the pan of Lessee to be paid, kept and performed, lessor does lease exclusively to lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, aaa housing and boarding employees, and any end all rights andprivileges necessary for the exploration and operation of said land for oil and gas, the following -described land situated in- the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND_ SECTION TOWNSHIP RANCE ALL 5 7N 63W TO HAVE AND TO HOLD said land, and all the rights and privileges granted bereuader to Lessee until the hour of twelve o'clock noon on the 29th day of December , 19 89 as primary tern, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking- operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is iu force by reason ofproduction of oil and gas or either of them, or that such reworking iscommenced within sixty days upcm cessation of production for the purpose of re-establishing the same, and provided further that such produ_tion is commenced daring such B 1141 REC 02083382 01/05/87 15:22 $0.00 1/008 F 1098 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) _.... _. • 86124E LEC,C$t primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations er other production. EIPLORATION - Lessor reterves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. REtCAL - If this lease is extended for an additional term as provided for in the. PRMNSI0N paragraph hereof, Lessee shall during such extended period pay to lessor an an ual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production shalt be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased laud and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, eaavoidably lost or flared on the teased land, with approval of Lessor, the following: (a) On oil, 12k% of the oil produced and saved from the Leased land. At 'the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is rim into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less tlan the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market valve at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field fcr such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the..time such oil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 12§1 of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make lessor a party thereto or obligate it therernder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind- With sixty (60) days' notice to lessee, lessor may cease rfksng gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs. shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals_herein provided shall be paid to Lessor only in the portion which Its interest bears to the whole and undivided £ee, but no refund of any bonus consideration shall be made.by Lessor hereunder. • - B 1141 REC 02083382 01/05/87 15122 ;0.00 2/008 • F 1099 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861246 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records shoving the production and disposition of any and all substances produced or the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to. furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be imressorable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five.years. 4. MEAS RalENTS - A11 production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) end all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided.. - - S. PAYMENTS & REPORTS - All payments and reports due herder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be constrn_d to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last Csyof the second month following each month's sale of production. All payments shall be made by cash, check, certified cheek or money order. Payments having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operaticnal deficiencies, violation of any covenant of this lease, or false statemeuts made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and -binding- upon the administration of lands and tinsels owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, resultia--default as provided hereinafter. 8. SUMMER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved. from further obligations or liability hereondet with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of appror{rately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further tbat this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative Immediately madconcurrently with the institution of any suit in may court of law by lessee,,Lessor or ay assignee of either to enforce this lease, or any of, its terms expressed or implied. la no case shall any surrender be effective until Lessee shall havemade full provision for conservation o£ the leased products and protection of the surface rights of the leased land. B 1141 REC 02083382 01/05/87 15:22 $0.00 3/008 F 1100 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO (Rev. 11/86) 861246 • • 9. ASSIGNMENTS - (a) Lessee, with prior written consent of lessor, shall Dave the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial essignment, sad for approval of such assignment Lessor shall make an assignment charge in an aawnnt to be determined by Lessor, Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. (b) If any assignment of a portion of the land covered hereby shall be approved, s nev:lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve lessee from performance of any terns or conditions hereof' or to postpone the time therefor:- Lessor shall at all times be entitled to look solely to Lessee or his assignee shown en its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. _. (d) Although not binding on lessor, all instruments of every kind sod nature whatsoever affecting this lease should be filed with the Lessor. .. . - 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (SE), including any overriding royalty previously provided for unless production exceeds a tenthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 19:F/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall notbind-Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on . adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells revolts in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production frog such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would non accomplish the purposes.of protecting the deposits ender the leased lard. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - tpon discovery of oil and gas or either of then on the leased land, lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. - - 13. POOLING CLAflE - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratus or strata, in the same field so as to constitute a spacing await to facilitate an orderly or udlform well-spacing pattern or to comply with any order, sale, or regulation of the State or Federal regulatory or conservation agency bring junisdict₹on. Such pooling B 1141 REC 02083382 01/05/87 15:22 $0.00 4/008 (Rev. 11186) F 1101 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO 861246 shall- be accomplished or terminated by filing of record a declaration of peoiiag, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this tease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COITNN; TZA1^.0N - In the event lessor permits the land herein leased to be included within a coemunitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only portion of the land ender this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the tern of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unitshell be deemed to be modified to conform to such agreement. Nonproducing leases shalt terminate on the first anniversary date cf the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the tease or the extension term of the lease. IS. PRODUCTION - Lessee shall, subject to applicable lays, regulations and orders, operate and produce all veils upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate comeensurate with the rate cf production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of productica'as may be approved in writing by Lessor, lessee shall be responsible for adequate site security on all producing properties. 16. SNOT-III ZEILS - If Lessee shall complete a well on the leased land productive of gas and Lessee is treble to produce such gas due to a lack of suitable market therefor, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the lease per annum in additive to the annual rental. The minimum amount of such shut-in royalty payment shall be S2a0. Each year'sshut-ia royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year daring which the well begins production. The maxim'm, extension of she Lease, due to the existence of a shat-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee sha 1 keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of lessor a complete and correct log of such well,. together with a copy of the electric log and the radioactivity log of the well when such logs, or either of. them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained -in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with saidCommiasion, except for copies of the reports as are required by the following paragraph, and provided that alt such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1141 REC 02083382 01/05/87 15:22 $0.00 5/008 F 1102 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861246 Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the freshwater wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be cemented on the land hereinabove described unless and until Lessee shell have filed a good and sufficient bond with Lessor, in au amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto apper-atn4ng. 6 bond may be held in effect for the life of production of any well. - 20. starts= - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of lessor. - • 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report sue' discovery to Lessor, is which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. RATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor- is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be pat to beneficial use off said land. 23. DEFAULT - Upon failure or default of lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lencnr, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a bearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EBTFIFSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or daring drilling operations commenced during the primary tern hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the primacy term as to all of the mineral, acres covered hereby (excluding any mineral acres theretofore surrendered as in the SURRENDER Paragraph provided, or assigned as in the ASSICL'CEk7.8 Paragraph provided). The granting of such extension shall be at the sole option_ofLessor at double the rental for the primary tern hereof. B 1141 REC 02083382 01/05/87 15:22 $0.00 6/008 F 1103 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) • 861246 25. , EOLD wasisS - Lessee shall indemnify Lessor against. ail 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 cr property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate cs of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event XXXXXXXXXXX of such specific award(*) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be reserved by Lessee per tens in the Ste* 3 Paragraph herein. If only a portion of the leased land is taken by ccade:nation, Lessor say, at its option, terminate this lease or terminate only that portion of the lease so taken. • 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to suction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss _ caused by errors which may occur. Lessee shall notify Lessor immediately upco discovery of any errors or discrepancy whatever. 26. £RCRAEQLOCT - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of may kind on Weld County lands as proviaed by law. These ;esourcei include'but are not limited to ell artifacts of stone, wood or metal, pictographs, structures, and. bones. :, A'aiscevery of . eaything -of prehistoric or historic nature shall" be reported to Lessor or the State' of Colorado Archaeologist immediately. 29. DEFR;fl'IONS - • (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. - • 30. EEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and.be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assigatent hereof, or of any interest herein, shall be binding upon lessor until the same has been approved by Lessor as explained in the ASSI ' paragraph provided. 31.. WARRANTS OF TITLE - 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. There shall be no obligation on lessor's. part to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of title,. whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title evonination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the teim of the Lease. B 1141 REC 02083382 01/05/87 15:22 $0.00 7/008 F 1104 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO s • (Rev. n/g6) 861246 IN WnSTSS VELRTOF, lessor has hereunto signed and caused its name to be signed by the FOA >OF (AEICY CCL^IISSION'ERS OF THE COUNTY OF VELD, with the seal of the office affixed, and Lessee has -signed this agreerent, the day and year first above written. _. .. ..'. '. BOARD OF COt:fl CalMISSIONERS WELD COUNTY, COLORADO L ' ATIESTs %MCI Ce�L0�2/ �i _ " '/ Wad County Clerk and Recorder and � !/`�� and Clerk to the Board di 4g.t.,--,00..nri),„,4,-- By: . � 4.�. -I .f�`-t..` Imo: PANCANADIANr PETECIEUM C( ANY Jr":-.i.-ti4 !Jc'fD''4 V. , Tv i3�ey-urFac t Manager, land & Negotlatians U.S. SPATE OF COLORADO CC= OF DMVER / On tbis/27/OJ/ day of f1,-/Pn,/ " , in the year 19 1/ , before me, the undersigned Notary Public, persoriaf iy apfered V.J. lassos, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of Par anadi.an Petroleum Carpany, and acknailledged to me that he subscribed the name of Patcaradian Petroleum arrpany as principal, and his awn name as Attozney- in-Fact. -. 1 ■ `''G ; W and official .r,-ii. MY CaPX4Stibb 81Y¢b. -.,1988 - /:-77',, //l/ t Notary ,,6 U Suite 1800, 600-17th Sticzl Deaverlo�ado 80202; 2 CD B 1141 REC 02083382 01/05/87 15:22 $0.00 8/008 F 1105 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO C: (Rev. 11/86) f 2 . 361246 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 4, TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, submitted the high bid to lease 320 net mineral acres, more or less, described to-wit: Section 4: Sk, Township 7 North, Range 63 West of the 6th P.M_ , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by PanCanadian Petroleum Company to lease the above described mineral acreage for SEVENTEEN AND 51/100 DOLLARS ($17.51) per net mineral acre, for a total sum of FIVE THOUSAND SIX HUNDRED THREE AND 20/100 DOLLARS ($5,603.20) , together with a rental fee of ONE DOLLAR ($1. 00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989, unless otherwise held, as stated in the lease agreement 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 high bid offer of PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. Z,LUO / D Cr �(1 L�Uik(, , /I 861247 Page 2 RE: LEASE - PANCANADIAN PETROLEUM CO. The above and foregoing Resolution was, on motion duly wade and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. a..y�� • BOARD OF COUNTY COMMISSIONERS ATTEST: I T ' ' 'Q4P.I. J2k-1.r/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Jo cu-y n r.lr son i - airman BY: /'21.Ae G.r= 'a`C• .La , •r.' em y .DeputCbun£y erk EXCUSED DATE OP GNING - AYE APPROVED AS TO FORM: Gene R. Brantner C ?v County Attorney Frank Yam c 861247 PARCEL #14 • . AR2i1&3255 VELD COUNTY OIL AND GAS LEASE Containing 320 acres, more or less; Containing 320 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 29th day of December , 19_ 86 , made and entered into by and between WELD COUNTY, CC;-ORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY CONKISSIDNERS OF TEE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY CORN SSIONERS, WELD COUNTY CENTENNIAL CENTER, 915 10TH STRSEt, GREELEY, CO 50631, hereinafter called Lessor, and - - PVCanadian PPtmlrurn rrnriny_ P n Pry 9' Dinar, Cciozad() RO,oI hereinafter called Lessee: WITNESSES! WHEREAS. said Lessee has applied to Lessor for art oil and gas less. covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 17.51 per mineral. acre, fixed by Lessor as en additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $. . 320.00 , computed at the rate of $ 1.00 , per mineral acre or fraction thereof per year. WHEREAS, all the requirements relative to said application have'been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to lessee for the sole and only purpose ofdrilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the -following described land situated, in the County of Weld, State of Colorado, and more particularly. described as follows: - - DESCRIPTION OF LAND) SECTION TOWNSHIP RANCE s1/2 4 7N 63W TO RAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , 19 89 as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations ate commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production Is commenceddaring such F 1141 REC 02083255 01/05/87 11:59 $0.00 1/008 F 0772 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 Lceas/ primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. REb...AL - If this lease is extended for an additional term as provided for in the asxmNsiON paragraph hereof, lessee shall during such extended period pay to lessor an antual rental at double the rate above specified for the land covered hereby. The rental in effect at the time production is established shall not be increased due to the term of this lease being extended by such production. Rentals set at the time of established production than be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There-shall- be-no-refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: (a) On oil, _ 12kt of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of coat or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for * longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time suchoil is run into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 1214, of the fair market value at the well or of the price received by Lessee at the well, chichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that Las been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make.Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. - (d) If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided- shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. -- 8 1141 REC 02083255 01/05/87 11:59 $0.00 2/008 F 0773 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along-with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. )1QASOREDENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAAII'NWS & REPORTS - All payments and reports due hereunder shall be made on or before the day. such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments andsupporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shell be submitted prior to the last day of the second month following each month's sale of production. • All payments shall be made' by cash, check, certified check or irony order. Payments having restrictions, qualifications, or etcimbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all lava, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and =instals coned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the 'option of Lessor, result in. default as - provided hereinafter. 8. SURRENDER - Lessee may at any tine, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender or cancellation of this lease shall be for less than contiguous tracts of approrirately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; prov2ed further that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terns expressed or implied; In no case shall any surrender be effective until Lessee shall have made full provision for conservationof-theleased products and protection of the surface rights of the leased laud. B 1141 REC 02083255 01/05/87 11:59 $0.00 3/008 F 0774 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 9. ASSIGNMENTS - (a) Lessee, with prior written consent of Lessor, shall have the right to assign the entire leasehold interest of said lessee in all or part of the land covered hereby, but not less, however, than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section for any partial essigzment, and for approval of such assignment Lessor shall make en assignment charge in an amount to be determined by Lessor. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations,tinder the terms and conditions herein. At assignment shall not extend the term of this lease. • (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terns or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitles.to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for -the performance of all terms and conditions hereof. (d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this least should be filed with the Lessor. 50. OVERRIDING ROYALIS - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCP/D). In the event that production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WFTTS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land,. unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would nor accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVYSAP1t - Upon discovery of oil and gas or either of them on the leased land,.Lessee shall proceed with reasonable diligenceto develop said land at a rate and to m extent commensurate with the economic development of the field.in .which the leased land.lies. - - • 13. POOLING CLAtSt - Lessee may at any time or times pool any part or all of said land and lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency haring jurisdiction. Such pooling B 1141 REC 02083255 01/05/87 11:59 $0.00 4/008 F 0775 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this'lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in soy such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COlee fll7ATIQN - In the event Lessor permits the land herein leased to be included within a camunitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land ceder this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terns of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Nonprodneing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the ere of the prisary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable lays, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate cf production of wells on adjoining lands within the an field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefor, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on a1I producing properties. - 16. SEVZ-IN VEILS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefor, Lessor nay grant lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to S2 per acre of the lease per ant-um in addition to the annual rental. The minims amount of such shut-in royalty payment shall be $240. Each year's shut-in royalty shall he forfeited to Lessor except for the shut-in royalty paid for the year during which the well. begins production. The maximum extension of the lease, due to the existence of a shut-in veil, shall be five years beyond the extension term as described in the £=TENSION paragraph herein. The. granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including eater well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by nowt or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each vell, where set, and the total depth of each yell drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log cf such vell, together with a copy of the electric log and the radioactivity log of the well then such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, retard of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for tech information may he satisfied by such filing with said Commission, except for copies of the reports as are requited by the folloving paragraph, avid provided that all such information is immediately available to-lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. B 1141 REC 02083255 01/05/87 11:59 $0.00 5/008 F 0776 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 . Lessee shall bury pipelires below plow depth. lessee shall set sad cement -sufficient surface casing to protect the fresh water wells of the area. IS. NOTIYICAT20N - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request tor approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be comemenced on the land hereinabove described unless and until Lessee shell have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto cppertaining.. A bond may be held in effect for the life of production of any well. 20. S1TS 1ENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from arty well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and.Lessor may negotiate a provision for production of such discovery. 22. RATER - This lease does not grant permission, express or implied, to lessee for water exploration, drilling, or establishing water wells without the writtenpermission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - Dpon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with lava, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and tearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by lessee hereunder. Ia the event of any - such default or. failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of lessor, a notice o£ intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of mailing said notice, lessee shall correct such failure er default, no cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a bearing on such notice within thirty (30) days, this lease will terminate and be cancelled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of then, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease for a term equal to the . primary term as to all of the mineral acres covered hereby (excluding any mineral acres theretofore •surrendered as is the SuRREiwfR paragraph provided, or assigned as in the ASSIC tEtt±S paragraph provided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary tern hereof. .. B 1141 REC 02083255 01/05/87 11:59 $0.00 6/008 F 0777 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 25. FOLD HAREEMS - 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 . leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condetmation shall be paid to Lessor, except for any specific avard(s) . paid to Lessee for severed oil and gas reserves, in .which event XXXXXXXXXXX of such specific. award(s) shall be paid to lessor in lieu of royalty lost by virtue of the condition. Improvoxnts shall be removed by Lessee per terms in the SZIC. t= Paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS - Every effort is made by lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or.loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery-of'aty errors or discrepancy whatever. . 29. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld Canty lands as provided by law. These resources—include bat are not . limited to all artifacts of stone, wood. or-metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall :be reported to Lessor or the State of Colorado. Archaeologist immediately.. • 29. DEFItOSSOIN3 - . . . (a) "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not ; limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide,, and helium.... (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, including but not limited to sulfur. (c) "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignoent hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the ASSIGIOIENTS` paragraph provided. 31.. VARtMTT OF TIME - Lessor does not versant 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. There shall be no obligation on lessor's part to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new-or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to.Lessor after Lessee has completed its title examination and curative work, subject, however, to the right.of Lessee to use such abstracts upon request at any time during the term of the Lease. • B 1141 REC 02083255 01/05/87 11:59 $0.00 7/008 F 0778 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (Rev. 11/86) 861247 IN WI:MSS WHEREOF, lessor has hereunto signed and caused its name to be signed by the 101,MOF COmtt commission's OF THE C0tCY OF WELD, with the seal of the office affixed, and Lessee has signed this agreeeeent,-the day and year first above written. - - WARD OF CO=Y aLYIIISSION7RS WELD COACT, COLORADO /1 I . r� ATIEST; l/(J/ �c1Y-...L.C^,C?-r-a-,,,,,-AE, - Weld County and Recorder and Clerk to the Boa;d /-i► a . a te t a 4 r.C i L 71."lq-1 'i 4tt v LPSc . PANCAtE4DIAN PETROLEUM CCMPANY A 0 V. -:,,liti), • .. in-Fact Manager, Land & Negotiations, U.S. STATE OF AW Cr e On tho< (,t day of /X`di; %' P igr /ifrA , in the year 19 y6 , before me, the undersigned Notary Public, personally appeared V.J. Luszcz, known to me to be the person tee name is subscribed to the within instrunent as the Attorxey-in-Fact of PanCauadi.an Petroleum Ccnpany, and aC nwledged to me that he subscribed the name of Paicanadi an.Feti lei n.Carpany as principal, and his aft: mane as Attorney-in-Fact. WIT land aar3 .officcial seal. My CrnmtSiizn 1-- / - y Public 1' Suite�. 1800, 600-37th St. CDenvpx, Colorado 80202 B 1141 REC 02083255 01/05/87 11:59 $0.00 8/008 F 0779 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -. - t ._,r (Rev. nie6) - r - 861247 RESOLUTION RE: AUTHORIZATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, LOCATED IN SECTION 9, TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, a portion of said mineral acres not currently leased was put up for bid to lease, and WHEREAS, PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, submitted the high bid to lease 560 net mineral acres, more or less; described to-wit: Section 9: NE<; SliNW4; Sk; Township 7 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, Weld County desires to accept the high bid offer submitted by PanCanadian Petroleum Company to lease the above described mineral acreage for SEVENTEEN AND 51/100 DOLLARS ($17.51) per net mineral acre, for a total sum of NINE THOUSAND EIGHT HUNDRED FIVE AND 60/100 DOLLARS ($9,805.60) , together with a rental fee of ONE DOLLAR ($1.00) per net mineral acre, which lease is to run for a period of three (3) years, commencing December 29, 1986, and ending at 12:00 noon on December 29, 1989., unless otherwise held, as stated in the lease agreement 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 high bid offer of PanCanadian Petroleum Company, P.O. Box 929, Denver, Colorado 80201, be, and hereby is, accepted for a period of three (3) years with the total sum being as above listed. _ f" (OO.50? C� • 861248 Page 2 RE: LEASE - PANCANADIAN PETROLEUM CO. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: %-14 f ,, WELD COUNTY, COLORADO Weld County C and Recorder and Clerk to`the Board Ja'que ! ne •o: o• C airman BY: _0C/,i� erk Go • . .�.-j �-ac' , -Tem Deputy/bounty EXCUSED DATE Ot SIGNING - AYE APPROVED AS TO FORM: Gene R..Y— BrantnerD C - C W.: G Ls/e - K�� County Attorney a frn/tt,tieC Fra c 861248 • • PARCEL #15 AR2083254 coo sau.a COMITY OIL AND GAS TrOw - _. - .-_... o t) 0 Containing 560 acres, more or less; U Containing 560 -. net mineral acres, more or less: a 0 3 IBIS LEASE AGREEMENT, dated this 29th day of December , 19 86 , made and entered O d4 into by and between GELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and W through the BOARD OFF.COUNTY COIEIISSIONERS OF-TEE COUNTY OF-WELD, for its respective interests, c/o BOARD OP OCOUNTY COWISSIONERS, WELD COUNTY CENTENNIAL.CENTER, 915 LOTH STREET, GR�:EY, CO 80631, hereinafter called. U Lessor, and: - z PanCaradian Petroletaa.Companye P.O. Box 929, Denver, Colorado 80201 oo . _ .. w ti '-'a hereinafter called Lessee: n'4 co t) wITNESSETH u�Z O N WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, N E C)a and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 17 51 per mineral W acre, fixed.by Lessor as an additional consideration for the granting- of this lease, and Lessee agrees to vW pay an annual rental of $- 560.00 , computed at. the rate'of $ 1.00 ,_per mineral acre or � N k. fraction thereof per year.co Z M WHEREAS, all the requirements relative to said application have been duly complied s'ith and said o application has been approved and allowed by Lessor; Ux THEREFORE, Sn consideration of the._agreements herein, on the part of Lessee to be paid, kept and oc performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, c ua development of and production of oil and gas, or either of them, thereon and therefrom with the right to own ti all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph to t" lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and -- any and all rights and privileges necessary:for the exploration and operation of said land for oil and gas, the following described land situated in the County. of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE NE 1/4; 5'NW3; S1 9 7N 63W TO RAPE AND TO BOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 29th day of December , Lo 89 as primary tern, and so Long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or ir.wosking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that.such drilling or reworking..operations arecommenced-during said primary term or any extension thereof-or.while this lease is in force by reason of production of.oil and gas or either, of them, Tor that such reworking,is calashced within sixty_days upon cessation of production for the purpose of re-establishing the same,: and provided further that such production is commenced during such (Rev. 11/86) 86124E CGlSv2 coo cV primary term or any extension thereof, or iehile this lease is in. force by reason of such drilling or s reworking operations or other production. N 0 G - EXPWRKTIOh -. Lessor reserves the right to conduct exploration on the leased land provided such o exploration does not interfere with rights granted herein. O • PG In consideration of the premises,- the parties covenant and agree as follows: irra 1. Rama. -. If this lease is extended for an additional term as provided for in the EXIESSION Uparagraph hereof, Lessee shall during such extended period pay to lessor an annual rental at double the rate. el above specified for the land covered hereby. The rental in effect at the time production is established. C shall not be increased due to the term of this lease being extended by such production. Rentals set at the •• su time of established production shall be paid during the remaining life of this lease, annually, in advance, r ad on or before each anniversary date hereof. There shall be no refmd of unused rental. W t-.3 2. ROYAITI - Lessee shall account for any and all substances produced on the leased land and Lessee U shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the too H leased land, unavoidably lost or flared on the leased land, with approval of lessor, the following: eGEC. - _(a) On oil, 121% of the oil produced and saved from the leased land. W _ d' • At the option of T. asor, and with sixty (60) days' notice to Lessee, Lessor may take. its SAW NA, - royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, co Z free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but lessee shall o Z not in such case be required to provide free tankage for any such oil for a longer period than one N Q 0 month after the same is run into tanks, With sixty (60) days' notice to Lessee, Lessor may cease U a taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market W� value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market I-s.21 lf3 us value at the well less than the posted price in the-field for such.Oil, or in the absence of a:posted rq c than in the field for such oil, upon a market value. at the well less the prevailing- price. received by other producers in the field for oil of like grade and gravity at the time such oilis run CO 41 into pipelines or storage tanks. (b) On gas, including casinghead gas or other gaseous substance, 121,% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leases land or utilized off the land.by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by. Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold tinder such contract. No approval by Lessor of the terms of any such agreement shall operate to make lessor a party thereto or obligate it thereunder in any way. At the option of lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor nay cease taking gas royalty in kind. (c) All costs of marketing the oil and/or gas produced shall be--borne by Lessee and sixth-.costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind-royalty shall be borne by Lessor. - (d) If Lessor owns a lesser interest in the oil and gas deposits-of the above-described land than the entire and.undivided fee simple estate, then the royalties. and herein provided- shall- be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of anybonus consideration shall be made by Lessor hereunder: - - -- (Rev. 11/86) 861248 • 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records . showing the production and disposition of any and all substances produced on the leased land and to permit o U Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request o along-with purchaser's support documentation. Lessor will'not be unreasonable with requests. All said - „)O books and records shall be retained by Lessee and rade available in Colorado to Lessor for a period of not o less than five years. o W 4. C3,ASDRENENtS - All production shall be accurately measured using standards established by the 0 3 American Gas Association (AGA)-and/or the American Petroleum Institute (API) and all measuring devices shall o Z be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated ` Ga on actual and accurate measurements within API standards unless a different means of measurement, subject to a0 Lessor's approval, is provided. • - - - - U W 5. PAH4N15 & REPORTS All payments poday aD a and re its due hereunder shall be wade on or before the 'n such payments and reports are due. Nothing iu this paragraph shall be construed to extend the expiration of « a .� the primary term hereof. a W Oil royalty payments and supporting documents shall be submitted prior to the last day of the mo month following each month's sale of production, -and gas royalty payments and supporting documents shall be Z submitted prior to the last day of the second month following each month's sale of production. OH W .Allpayments shall be madecash, check certified check or money Payments g .t E by . uey order. haulm O a restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A • fa penalty for a late payment shall be charges as set forth in the PENALTIES paragraph herein. 1r O upW N Cu 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, imysvy..r payments, co Z operational deficiencies, violation of any covenant of this lease, or false statements made to lessor. NQ Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by og Lessor and shall become effective immediately after public notice. Said schedule may be changed from time 11 to time after public notice. ri co arQo 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all lairs, eg c> roles, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and 'regulations m W governing oil and gas operations in Colorado. Violations shall. result in penalties as provided for by law - or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due an provided herein,- surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land"so surrendered; provided that ,A partial *surrender or cancellation of this lease shall be for less than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a quarter-quarter section; provided further that this. surrender clause and-the option herein reserved to lessee shall- cease and become absolutely inoperative immediately and concurrently with the institution of any snit in any court of In by Lessee, Lessor or any assignee of either to enforce this teasel or any of its terms expressed or implied. In no ease Shall any. . smrender be-effective until-Lessee shalt have rrade:full provision for conservation of the leased'products ' and protection of the surface rights of the leased land.- .. . , (Rev. 11/86) 861248. • co 0 00 C 9. ASSIGNNE1TS - 't (a) lessee, with prior written consent .of Lessor, shall have the right to assign the entire leasehold interest of said Lessee in all or part Of the land covered hereby, but not less, however, 00 than contiguous tracts of approximately forty (40) acres or Governmental lot corresponding to a • quarter-quarter section for any partial assignment, and for approval of such assignment Lessor shall. oft make an assignment charge in an anoint to be determined by Lessor. Prior to t=itten approval by Lessor to-02 CI of assignment of this lease, Lessee (assignor) shall not be relieved of -.:ts obligations under the.tens 0 and conditions herein. An assignment shall not extend the term of this lease. U W coed (b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the asstland,•• of 8n �eC containing the same terns and conditions as "" this lease, and limited as to term as this lease is limited, and the assignor shall be released and X discharged from all further obligations and liabilities as to that portion so assigned. r- ).4 CO U (c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Z Said interests will not be recognized or approved -by.Lessor, and the effect of any such assignments O will be strictly and only between the parties thereto, and outside the terns of this lease: and no 'i W dispute between parties to any such assignment shall operate to.relieve Lessee from.perfornance of any d4 terns or conditions hereof or to postpone the time therefor. Lessor shall at all times be entitled to look solely to Lessee or isassi _ being ,;and for the V' D h assignee show en its.books u the sole aver-hereof N k sending of all .notices required by this lease and for the performance of all terms and..conditions el hereof. co oz - CD• R (d) Although not binding on Lessor,.all instruments of every kind and nature whatsoever affecting a this lease should be filed with the Lessor. V £ 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be rig.-- subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), n including any overriding royalty previously provided for unless production exceeds a monthly average of ti o fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCP/D). In the event that it r„ production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. orPSET WELLS - Lessee agrees to protect the leased land frem drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter-drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on-the leased land mould not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of suchdrainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DElELCPEENZ - Ppon discovery of oil and gas or either of them on the leased land, Incise shall proceed with reasonable diligence to-develop- said land at a rate and to an extent commensurate with the economic development of the field in which the leased land;lies. . • 13.: POOLING CLAUSE - Lessee rayat any time or times pool any part or all of said land and lease or any Stratum or strata with other lands and leases, stratus or strata, in the same field so as to cOnstitnte a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule,. or regulation of the State or Federal regulatory or conservation agency having Jurisdiction. Such pooling (Rev. 11/86) 861248 w 0 ot) O shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing Or tendering a copy to Lessor, or tothe � O depository bank. Drilling v or reworking operations upon or production from any part of such spacing unit shall be considered for ail O purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease O W the proportionate share of production which the acreage in this lease included in any such spacing unit O S tears to the total acreage in said spacing unit. Al 14. nNITIZATION - C0MMUN.TZCSION - In the event Lessor permits the land herein leased to be included within a c®miitisation or unitization agreement, the terms of this lease may be deemed to he modified to t) conform to such agreement. Mien only a portion of the land under this lease is committed by an agreement, Co a lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term ua of sash separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. rig Nonpraducing leases shall terminate on the first anniversary date of the lease following the termination n a date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term eat) of the lease or the extension term of the lease. M Z o 15. YRODDCtON - Lessee shall, subject to applicable laws, regulations and orders, operate and produce 4-.43 E, all cells upon the leased land so long as the sameare capable of producing ie paying quantities, and shall o operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining ar 14 lands within the same field and within the limits of good engineering practice, except for such times as'at un W there exist neither market nor storage therefor, and except for such limitations on or suspensions o£ - re Ca production as nay be approved in writing by Lessor. lessee shall be responsible for adequate site security co Z on all producing properties. O Z C4 16. SERI-IN Guts - I£ lessee shall complete a well on the leased land productive of gas and Lessee is >4 o CC unable to produce such gas due to a lack of suitable market therefor, Lessor nay grant Lessee suspension of a5k his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in psyitg quantities. Ixcept, , e tp however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of r"y c a shut-in well, lessee shall pay to Lessor a shut-in royalty equal to $2 per acre of the tease per annum in addition to the annual rental. The minimum amount of such abut-in royalty payment shall be $240. Each year's Shute-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during '--- which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the I `SICK paragraph herein.- The granting of-any further extensions shall be at the sole option of lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing-building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall 'keep a correct log of each well drilled hereunder, shoving by name or description the formations passed through, the depth at which each formation vas reached, the number of feet of each size casing set in each well, where let, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abamdomm ^t-of any well drilled hereunder, shall file in the office of Lessor a complete and corze.. log of such well, together with a copy of the electric log and the radioactivity log of the well abet sue, logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for cloth information may be satisfied by such filing with laid-Commission, except. for- copies of the reports- as are required by the following paragraph, and provided that-all-snob- informatioais immediately available to_-Lessor.- any proprietary information -so submitted shall:not be subject to"prtilie!inapectioa,:under Colorado law. • • (Rev. 11/86) 861248 co 0 Cat) 0 p - . Lessee shall bury pipelines below plow. depth. • Lessee shall set and cement sufficient surface U casing-to.protect the fresh eater wells of the area. O Wa 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner.of the location o S of each drill site at least two weeks prior to commencing drilling operations thereon. .Lessee- shall notify O a Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry yr Wp notice of intent to plug and abandon. td U 19. BONDS - Lessee shall be Iiable for all damages to the surface of the land, livestock, growing O a crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations - ul shall be commenced on the land hereinabove described unless and until lessee shall have filed a good.and .. w ,..� sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as rig maybe caused by Lessee's operations on said land and to assure compliance with all the tens and provisions 14r 14 of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A eo U bond may be held in effect for the life of production of any well. traz aa - 20. SECILF2•TNT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, . ,.� E, other than drilling equipment, nor draw the casing from any well unless end rstil all payments. and OW obligations currently due Lessor under the terms of this lease shall.have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) -months after the nob ul rig expiration hereof, shall automatically became the property of Lessor. c W O Z 21. OTTER DISCOVERY - Should Lessee discover nay valuable products other than oil and pas, on or N Q within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event a Lessee and Lessor may negotiate a provision for production of such discovery. 22. FATE' - This lease does notgrant permission, express or implied, to Lessee for water , a� exploration ti drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the -e'o surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or .ti t` adjudicate.any water right for beneficial use on the leased .�oland, any such adjudication or applieationshail W he. in the name of Lessor if Lessor is the surface owner. The same shall apply to any nontributary.water (IIrights established on the leased land which may be put to beneficial use off said land. - 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel ibis leaseas to all of the leased land so claimed or possessed by Lessee hereunder. In the event of any - such default or failure, Lessor shall, before making any with cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date of nailing said notice, Lessee shall correct such failure or default, to cancellation will be made. If such failure or default is not corrected within thirty (30) days after the mailing of such notice, and if Lessee does not request a bearing on such notice within thirty (30) days, this lease will terminate and be ranee'led by operation of this paragraph without further action by lessor, or further notice to :Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, -or either of them,. in paying quantities during the primary..term-hereof, or during drilling operations commenced during the primary term hereof, lessee may make written application to Lessor for;an extension of this +sac for a term equal to the primary term as, to all of the-mineral...acres_ covered hereby: (excluding.. any mineral acres theretofore surrendered as,in the Straciu U Paragraph.provided, or assigned as in.the ASSICIfrTATS: Paragraph..ptovided). The granting of such extension shall be at the sole option of Lessor at double the rental for the primary text hereof. - • (Res. 12/86) 861248 • r 25. HOLD HAM= - Lessee shall indemnify Lessor against all liability and loss, and against all oat) claims and actions, including the defense of such claims or actions, based upon orarising out of damage or go injury, including death, to persons er property caused by or sustained in connection with operations on this b leased land or by conditions created thereby, or based upon any violation of any statute, .ordinance, or U regulation. Q O 26. CONDEMIiAnON - If the leased land shall be taken in any condemnation proceeding, this lease shall °a automatically terminate as of the date of taking. .The award for such condemnation shall be paid to Lessor, 6 oz except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event yr W XXXXXXXXXXX- of such specific avard(s) .shall be paid to Lessor in lieu of royalty lost by virtue of the Ocondemnation. Improvements shall be removed by Lessee per terns in the SEAL"E2+T paragraph herein. - If U only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease raa or terminate'only that portion of the lease so taken.cor " ''a 27. ERRORS - Every effort is madeincluding,y by Lessor to avoid errors in all procedures but not 'r a limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss �.: a caused by errors which may occur_ Lessee shall notify Lessor immediately upon discovery of any errors or 0o U discrepancy whatever. . .. 1-1 28. ARCHAEOwcr - Lessee shall not des tro7s disturb, mat, collect, remove or alter any-prehistoric or N E historic resources of any hind on Weld:County lands as-provided by law. These resources include but are-not OM limited to all artifacts of stone, wood or metal, pictographs, struetcres, and bones. A discovery of W anything of prehistoric or historic nature .shall be reported to Lessor or the State of Colorado WArchaeologist immediately.' - - ram. ao Z 29. DtrigITIONS - 0 2 c4 (a) "Gas" as used herein shall mean all sues (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. (b) "Oil and gas" as used herein shall include all substances produced as by-products therewith, d, r including but not limited to sulfur. N r- 0 (c) 'Baying quantities^ as used herein shall mean and refer to quantities of oil and gas or of P4 G4 either of them sufficient to pay for the current cost of producing same. 30. HETES AND ASSICNS - The benefits and obligations of this lease shall inure to end be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the ASSIGHKEEIS' paragraph provided. 31.. W.RRANSI OF TILE - 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. There shall be no obligation an lessor's part to purchase new or supplemental or other title papers nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new or. supplementary, obtained by lessee and covering the subject lands shall" beccne the property of and: be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the Lease. • (Rev. 11/86) 861248 IN:GTf ESS DEEM', lessor has hereunto signed and caused its name to be signed by the BOAM) OF (Dma oomusSICI.'ERS OF TEE: COCAZY OF NEED,_ with the, seal of the office affixed, and Lessee has signed this agreerent, the-day and year first above written. _ do o o O U BOARD OF C0tIY Cof_+IISST_ORERS op O MD COLRAY, COLORADO V a a w a =or: t'2isni��tJJs.,::! i^.' V �'b'�� Li>0 // a" Weld County Clerk and Recorder EU and Clerk to the Board /� // `/ do a \U t :r-41' :1 f LESSEE: PANANADIPN PETRDIEUM COMPANY inz . '_ � a : /F E+ .J. 2cx is Fact 0 a P' Manages, Lath & Negotiations U.S. v a STATE OF crznwx ul N w COUNTY OF DENVERin g o a On thtis;✓?4a day of 7/I/�/`pl , in the year 19 g(0 , before me,- the o undersigned Notary Public, personally appeared V.J. Luszcz, known to me to be the Perms whose nate is subscribed to the within instrtmtent as the Attorney-in-Fact U )4 a of PanCanadian Petroleum Cazpany, and arlan ledgecl to me that he subscribed the name of P_Ca ad a' Petroleum Catpany as principal, and his awn name as Attozney- . v t` in Fact. a wt�R fi,S.m2F)Ipuxi and official cna1. _ \ : % • . o • ea/ / vit,' ,... _ . , „ .. a.. ,,,, . .. , a--------... J. Notary tePee cSuite 1800.1600-17th Street Denver, Colorado 80202 ID a (Rev. 1/86) £USaORTED COPY 861248 RESOLUTION RE: DENY LETTER OF UNDERSTANDING WITH MANAGEMENT ADVISORS, INC. CONCERNING AIRPORT AUTHORITY AUDIT 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 of Understanding with Management Advisors, Inc. concerning a proposed audit of the Airport Authority, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board finds that approval of said Letter of Understanding would be an expenditure of funds beyond the power of the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Letter of Understanding with Management Advisors, Inc. concerning an audit of the Airport Authority be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D. , 1986. BOARD OF COUNTY COMMISSIONERS ATTEST: / j ,0_,.,.., e,cily,„& WELD COUNTY, COLORADO 1 Weld County Clerk and Recorder and Clerk to the Board J c ine ,son C airman BY: .Cl/Pi4 �' Go Tem Deputy ount C • EXCUSED DATE OF IGNING - AYE APPROVic;J_ I ED TO FORM: Gene R. Brantner Aey. oi l County Attorney .274e), cei .Frank Yamagu i 1 /1 i �."CG( r QC : t ccrq_ rG3 - t-�u� - 861251 MANAGEMENT ADVISORS, INC. James F.Snyder,CMC Stephen J.Yanoviak.CMC December 17, 1986 Mr. William A. Rupp, President Weld County Council P.O. Box 758 Greeley, Colorado 80632 Dear Bill : We are pleased to submit this proposal for conducting a performance audit of the Greeley-Weld County Airport. The purpose of this letter is to outline the terms and conditions under which we will provide our services. We understand that the County Council ' s objective is to obtain an independent, objective evaluation of the Airport operation. In conducting our review, we will utilize any available published materials which describe the performance expectations of the Airport. In addition, we will evaluate the Airport according to generally accepted agency/authority policies and practices. It is our understanding that the Council is not interested in having a performance audit conducted because of any known wrong-doing or improprieties . Instead, the Council desires to exercise its authority to report to the people, per the Home Rule Charter, on matters relating to expenditures , efficiency, responsiveness, and adherence to statutes, laws and regulations. With this in mind, we envision that our review would focus on such things as: o The application of practices and policies and whether they are consistently applied. o The extent to which management follows directions from the Authority' s Board. o Fiscal management and spending policies. o Utilization of Airport property. o Practices regarding fuel supplier selection and fuel pricing. 5300 DTC Parkway,Suite 230• Englewood,Colorado 80111 • (303) 796-8040 Mr. William A. Rupp, President December 17, 1986 Page 2 o Land rental . o Maintenance of property, equipment and facilities. o Inventory control over fuel. o County reimbursement practices. The above list is not meant to be all-inclusive. Instead, it is intended to provide some idea of where the emphasis of a performance audit would be placed. It should be noted that the performance audit will not overlap with the annual financial audit. Also, it may not be able to address the viability of proposals such as annexation by the City of Greeley. In addition, we are willing to examine any other areas as requested by Airport management and the Airport Authority Board, the County Council or Board of Commissioners, provided such requests are made early in our review. We will obtain our information from interviews within and outside the Airport organization. We will also review available correspondence, reports, records and documentation. We have already obtained background information from discussions with the Council at the regular meeting on December 11, 1986. The end-product of our work will be a written report which addresses each area of our review. Our report will contain statements of conditions with recommendations for improvement where appropriate. It will be issued to Council within six weeks from the start of our review. We will then be available for a meeting with Council to discuss our report. I will be the principal consultant on this assignment. If necessary, other consultants from our staff will be assigned to assist me. We estimate that our fees for this work including out-of-pocket expenses will range between $7,000 and $8,000. In any event, our total charges will not exceed $8,000 unless there is an approved expansion of scope in writing. We will bill for actual fees and expenses incurred. Our first bill will be for $4,000 to be rendered upon delivery of our report to Council members. The balance of our charges will be billed at the completion of our work and final review with the Council. Payment is due within twenty days of invoice. Amounts past due are subject to a late charge of one and one-half percent each month until paid. Mr. William A. Rupp, President December 17, 1986 Page 3 If this letter properly states your understanding of the services to be rendered and the terms of our engagement, please sign a- copy and return it to us. Sincerely, Sri '-`---' Stephen J. Yanoviak CMC Principal MANAGEMENT ADVISORS, INC. WELD COUNTY COLORADO Chairman County Board of Commissioners X Approved and Accepted Date 'title Approved and Accepted Lat e /ir/ Tit n 4.14 Lai Approved and A pted 'ate Title / 4 c .,-Z,es t?T'.,. a AR2A83383 • RESOLUTION RE: APPROVE FEE SCHEDULE CONCERNING FEES CHARGED BY THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES FOR LAND-USE PERMIT APPLICATIONS 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 N 0 o() o WHEREAS, the Board of County Commissioners of Weld County, rip Colorado, held a public hearing on the 29th day of December, 1986, ci at 9:30 a.m. in the Chanbers of the Board for the purpose of G considering increased fee schedules concerning fees charged by the a o Weld County Department of Planning Services, for Land-Use Permit O Applications, and . 0 C vi-PI WHEREAS, said fee schedule shall become effective January 1, p 1987, and v coa WHEREAS, after study and review, the Board deems it advisable -cc to approve the proposed fee schedule concerning said fees, a copy 0 being attached hereto and incorporated herein by reference. a w NOW, THEREFORE, BE IT RESOLVED by the Board of County 00 Commissioners of Weld County, Colorado, that the fee schedule for u z Land-Use Permit Applications be, and hereby is, approved, to QW become effective January 1, 1987. .-.Ei cm The above and foregoing Resolution was, on motion duly made ,�w and seconded, adopted by the following vote on the 29th day of mw Decemberrm. , A; ..,4986. • • p'7" '4' ,p+ �,\ yeimp?, BOARD OF COUNTY COMMISSIONERS N ATTEST �✓ �✓ WELD COUNTY, COLORADO 0 r C' u a Weld Ge9tn ' and Recorder „_ , ,��• ., az and Cies "to Board ia•que W n: .oTso. , Chairman ao / mrim mBY: . :,-' . -a� , . o-Tem pqk, Deput County erk EXCUSED DATE O, SIGNING - AYE APPROVED TO FORM: Gene R. Brantner C y County Attorney tamer4grcet Fra a c ri- 0 ,00 !) 861249 a-a: - DEPARTMENT OF PLANNING SERVICES LAND-USE APPLICATION FEES Effective January 1, 1987 1. Change of Zone $400.00 2. Use by Special Review $300.00 (N U 3. Use by Special Review Mining o Permit $300.00 - For the first ten acres plus CVO $3.00 per acre in excess of 10 acres. Fee to to exceed o $575.00 a 0 C 3 4. Subdivision - Sketch Plan $150.00 oa 5. Subdivision - Preliminary Plan $300.00 - For zero to 50 dwelling units or lots plus $3.00 per unit or W lot in excess of 50 dwelling m P4 units or lots. Fee not to `e) exceed $575.00 4.3 6. Subdivision - Final Plat $300.00 hl m o 7. Subdivision - Resubdivision $300.00 ,n z (Replat) CD 1-I `-i E 8. Board of Adjustment $200.00 O a No fee to appeal administrative decision co � U4 9. Recorded Exemptions coz N C Administrative review or o >, County Commissioner Hearing $200.00 U cc x 10. Subdivision Exemptions Wit• cr o Administrative Review or County Commissioner Hearing $125.00 11. Zoning Permit for Mobile Homes, Manufactured Homes, and Accessory Dwellings Staff Issued $ 60.00 Administrative Review or County Commissioner Hearing $115.00 12. Geologic Hazard Permit $ 60.00 13. Floodplain Development $ 60.00 14. Planned Unit Development District $400.00 Sketch Plan $150.00 Plan $300.00 - For zero to 50 dwelling units ' or lots plus $3.00 per unit or lot in excess of 50 dwelling units or lots. Fee not to exceed $575.00 15. Minor Subdivisions $300.00 16. Site Plan Review $100.00 17. Investigation Fee An additional 50% of the established application fee not to exceed $250.00. An amendment to any of the above applications shall be treated as a new application and will be charged the appropriate application fee. 861249 FP` - • • ATTENDANCE RECORD TODAY'S HEARINGS ARE AS FOLLOWS: DECEMBER 29, 1986 DOCKET # 86-79 INCREASED LAND SCHEDULES-LAND USE PERMITS DOCKET # DOCKET # PLEASE write or print legibly your name, address and the DOC - (as -d above) or the aPolicants name of the hearing you are attending. N?_1E ADDRESS HEARING ATTENDING 4` • NOTICE Docket No. 86-79 The Board of County Commissioners will conduct a public hearing at or about 9:30 A.M. on Monday, December 29, 1986, in the County Comissioners Rearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of considering increased fee schedules concerning fees charged by the Weld County Department of Planning Services for Land-Use Permit applications. All persons in any manner interested are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Copies of the proposed increased fee schedules are available for public inspection in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 Tenth Street, Third Floor, Greeley, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 10, 1986 PUBLISHED: December 18, 1986, in the Johnstown Breeze prA a w.;r s. .`a.9 • AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss COUNTY OF WELD I,Clyde Briggs,do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado. and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the t".. first publication of the annexed legal notice 4�' a s ymN.F. ry•= or advertisement; that said newspaper has o i been admitted to the UnitedStates mails as 'xwitie. r `' secondLelass matter under the provisions of the Act of March 3, 1879. or any �► amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the amoims i laws of the State of Colorado. riRrme" That the annexed legal notice or advertise ls(> ) ird. merit was published in the regular and entire issue of every number of said weekly newspaper for the period of .1... consecu- tive insertions; and that the first,' publication of said notice was ip the issue of .mom said newspaper dated i?-!. ., A.D. Isis, . t6. and that the last publication of said notice was in the issue of said newspaper dated A.D. 19 In witness whmeof I have hereunto set ) my hand this .4 day of r "%It,,..4 ,� A.D. 19SC -- S Publisher vr,,,So f 't" ELI ,- '[ L`�« „�a to Subscribed and sworn.to'before me, a Notary Public in and for the Coui4y of Dkt We State of Coloradoxthisle.2 f 4 �IA_D. I ✓ • tt , +; r e Notary Public. •;-° , My commission expires z'fr• k,, .. . =;i .-RY;:es lune 14. 79€7 -2 South Parish Avenue Johnstown, CO 80534 • DATE: December 10 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 29th day of December, 1986, at or about 9:30 A.M. Docket No. 86-79 - Increase Land-Use Permit application fees OFFICE OF THE C/LE, / TO THE BOARD BY: 2 , ! Deputy Jr The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - � . r Cr, jJ J hI DEC 5 }986 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSI 3b dim RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the recommendation for increased land-use fees be be recommended favorably to the Board of County Commissioners for the following reasons: I. The method that the staff has used in determining the fee increases has been a good system and they were very thorough. 2. Because of the tax limitations of the County, the fee increase will actually free tax revenue to benefit people in the County as a whole. 3. Because user fees are better used in any instance where the individuals who receive the direct benefits pay for the benefits they receive rather than having the taxpayers as a whole pay for the benefits received. Motion seconded by Paulette Weaver. VOTE: For Passage Against Passage Paulette Weaver Louis Rademacher Ivan Gosnell Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy and a copy of the proposed fee schedule for land-use cases be forwarded to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 2, 1986, and recorded in Book No. X of the proceedings of -the said Planning Commission. Dated the 3rd day of December, 1986. Bobbie Good Secretary 1 i • LAND-USE APPLICATION FEE COMPARISONS August 8, 1986 CHANGE OF ZONE Adams County $225 Arapahoe $500 planning fee up to 10 acres. Over 10 acres: add $5/acre. Over 100 acres: add - $2/acre. -.- - • Boulder County $600 Colorado Springs $175 Douglas County $150 mandatory pre-appplication review fee. Residential: $300 base fee plus $10/acre if 0-100 acres; $9/acre if 100-320 acres; $8/acre if 320-640 acres; $7/acre if 640-1,000 acres; $6/acre if 1,000 or more acres. Nonresidential: $300 base fee plus $50/acre if 0-100 acres; $40/acre if 10-25 acres; $30/acre if 25-50 acres; $25/acre if 50-100 acres; $20/acre if more than 100 acres. El Paso County $175 Greeley $100 Jefferson County $200 under 10 acres. $70 x square root of acreage in excess of 10 acres. Latimer County $155 plus $10 sign posting fee Loveland $125 Morgan County Agricultural, Residential: 0-25 acres: $100; 25-250 acres: $4/acre; 250-500 $1,000 plus $2/acre; in excess of 500 acres: $1,500 plus $1/acre. Multifamily, Business, Commercial, Economic Development, Industrial: same plus 10%. Weld County $330 Ask • USE BY SPECIAL REVIEW Adams County $225 Arapahoe County Does not exist Boulder County $600 Colorado Springs $115 Douglas County $250 ' El Paso County $115 Greeley $100 Jefferson County $200 under 10 acres. $70 x square root of acreage in excess of 10 acres. Larimer County $155 plus $10 sign posting fee. Loveland $110 plus $75 title report fee Morgan County $30 plus fee based on $50 per hour review time Weld County $275 • Mining Adams County $225 Arapahoe County Does not exist Boulder County $600 plus $6/acre up to a maximum of $1,500 Colorado Springs Does not exist Douglas County $250 El Paso County Does not exist Greeley Does not exist Jefferson County $1,000 for regular operation cases; $600 for limited impact operations (defined in Colorado Mined Land Reclamation Act: Article 32 of Title 34, C.R.S. 1973, as amended). $600 for renewal of same case and enforcement of $300. . f Mining (Cont.) Lorimer County $155 plus $10 sign posting fee Loveland Does not exist Morgan County Does not exist Weld County $275 up to 10 acres plus recording fee. Over 10 acres: add $3/acre. Gift#ann=========CiiEia lLn==CS6iiiinaGGGDiESStan=====ain===G=GaG==IN iiS Recorded Exemption (RE)/Subdivision Exemption (SE) Adams County $100 (RE) Arapahoe County $410 (SE) Boulder County $200 (SE) Colorado Springs $60 (RE) Douglas County $250 "Minor development" (4 lots or less) El Paso County $60 (SE) Greeley Does not exist Jefferson County $50 plus recording fee (RE) Larimer County $100 plus recording fee (RE) Loveland $100 "Minor subdivision" (3 lots or less) Morgan County $15 plus recording fee Weld County $140 plus recording fee aRnniiinn an aZWiitflnn IS6iiiitt=3==ann nnn= =x—=3=Csii =nagran Board of Adjustment Variance Adams County _ $125 Arapahoe County $40 (regular meeting) or $240 (special meeting) Boulder County $300 Colorado Springs $60 Board of Adjustment (cont.) Douglas County $250 El Paso County $115 Greeley $100 Jefferson County $100 Larimer County $93 • Loveland $25 Morgan County $25 plus advertising costs Weld County $190 --r--saaIIII=aIIYYCYIIIIIIIIIIIIIIEIIII62'SGG6CiZIIIIOCGIIaS..IIC4==II=IIIIS�4S9IIIIII@ SIIL Subdivision Sketch Plan Adams County $250 plus $5/lot in Commercial/Industrial or $.50/lot in Residential. Arapahoe County Does not exist Boulder County $600 plus $5/acre in Commercial/Industrial or $10/unit in Residential. Fee not to exceed $1,200. Colorado Springs $115 Douglas County $250 El Paso County $150 Greeley No charge Jefferson County Does not exist Larimer County $68 Loveland No charge for preapplication conference. $225 with annexation Morgan County No Charge Weld County $110 pr .47csr • Subdivision Preliminary Plan Adams County $250 plus $5/lot in Commercial/Industrial or $.50/lot in Residential Arapahoe County $400 planning fee $575 engineering fee plus $4.25/acre Boulder County $600 plus $25/unit in Residential or $15/acre in Commercial/Industrial. Fee not to exceed $1,500. Colorado Springs $115 - - Douglas County Residential: $300 base fee plus $20/dwelling unit: 0-100 units; $10/dwelling unit: 100-500 units; $5/dwelling unit: 500-1,000 units; $2.50/dwelling unit: over 1,000 units. Nonresidential: $300 base fee plus $25 per gross acre. El Paso County * $75 plus administrative plot plan fee of $115. Greeley $100 Jefferson County Residential: $12/dwelling unit if 0-100 units ($100 minimum); if 100-500 dwelling units, then $1,200 base fee, plus $10/unit in excess of 100 units; if 500-1,000 dwelling units, then $5,200 base fee pits $6/unit in excess of 500 units; if more than 1,000 units, then $8,200 base fee and $2/knit in excess of 1,000 units. Commercial/Industrial $275 x square root of acreage. If done concurrently with final plat, one payment only. Larimer County $210 plus $10 sign posting fee Loveland $250 plus $2/lot. If done concurrently with Final Plat, the highest of the 2 fees is charged. Morgan County 0-5 acres: $125; 5-75 acres: $125 plus $5/acre; 75-100 acres $500: 100-200 acres: $700; 200-500 acres: $1,000 Weld County $275 for 0-50 dwelling units plus $3 per unit in excess of 50 units. Fee not to exceed $550. OF Subdivision Final Plat Adams County $250 plus $5/lot in Commercial/Industrial or $.50/lot in Residential. No charge if done concurrently with preliminary plan. Arapahoe County $350 planning fee plus recording fee. $960 engineering fee plus. $4.95/acre Boulder County $600 plus $25/unit in Residential or $15/acre in Commercial/Industrial. Fee not to exceed $1,500. Colorado Springs $115 Douglas County $250 El Paso County $75 Greeley $100 Jefferson County Residential: 0-100 dwelling units: $12/unit, $100 minimum; 100-500 dwelling units: $1,200 plus $10/unit in excess of 100; 500-1,000 dwelling units: $5,200 plus $6/unit in excess of 500; over 1,000 dwelL:ng units: $8,200 plus $2/unit in excess of 1,000 units. Commercial/Industrial: $275 x square root of acreage. If done concurrently with preliminary plan, one payment only. 4 Larimer County $200 plus recording fee plus $2/lot in excess of 20 lots. If done concurrently with preliminary plan, the highest of the 2 fees is charged. Morgan County No charge Weld County $275 plus recording fee. u,ac nsa:b= HES =SR MCI 60 5======G=L Planned Unit Development Adams County $200 plus $5/lot in Commercial/Industrial or $.50/unit in Residential. Arapahoe County . $500 planning fee up to 10 acres. Over 10 acres: add $5/acre. Over 100 acres: add $2/acre. $335 engineering fee. Planned Unit Development (Cont.) Boulder County PUD processed as a subdivision Colorado Springs $115 Development Plan Douglas County $300 base fee $500 Development guide review fee $100 Development plan review fee, plus 0-100 " acres: $30/acre; 100-320 acres: $25/acre; 320-640 acres: $20/acre; 640-1,000 acres: $15/acre; over 1,000 acres: $10/acre. El Paso County $175 Greeley $100 Jefferson County $200 under 10 acres. $70 x square root in excess of 10 acres. Latimer County Master: $210 plus $10 sign posting fee. Preliminary: $210 plus $10 sign posting fee. Final: $200 plus recording fee plus $2/lot in excess of 20 lots. Loveland Master: $225 plus $2/unit Preliminary: $225 plus $2/unit Final: $400 plus $2/unit Weld County Sketch: $110 District: $330 Plan: $275 for 0-50 dwelling units, plus $3/unit in excess of SO units. Fee not to exceed $550. *All agencies except Loveland stated that land-use application fees do not cover the cost of processing; supplementary funding is: necessary. P ./ nq`� • • r o V o en o - .�. _ — — m Grp m m _ _ - _ — Y '] H O Y r — ro as r= ".. Clro y _ m _� m ,. C .. r*; s - • — -o — _ -C. _ ... o ., V L.1 — s CO N C.. Cr O N - O ti Cr ti s [a r '.1 z, a Cr .V Jt O - 6: V• ' V 1! N C ..J f'. y. - C O P VI _ ^� afl .. CM a a 7 C-) LO N a C .'a u " - V a a s o 0s CG�a n. - - -W y - _m G O - - -W O Cr. a N � - Cl o. -o -. a. m - o- a PO m -a a m. a a a CO r u. C. co o m r d .o a r o G W - y � y a a „ n o O 0 • cn .n o - o cn .Jr o - o _ - -a _ .D -o a ca O.N CO P C-4 CO CO C' Ca OD S P W W.. - Cr co J �'a NJ - - f.. IV - - rri m N Cr m Cr. a (f _ CO. _ C.. 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O 'O Co:: p0 n_ : O -O O O O- ro- I O m . - m R 0. . o x I..: la. a I-: i o m m C Vii;W 0. 000 O. a O ii O Pi Ou. . R N � O AI 4427.O - p •.. O: atm .: ca re O r tn: a 0 0 O ft to tot ` O , 00 AO O ` O N - 0 et ': • tvii6to mtmoRAnDu WilkTo—n471111232 Commissiop Dam Drremher 2. 1937 COLORADO From Chuck Cunliffe Subject: Land Use Application Fees for 1987 Attached are the proposed Land-Use Application Fees for 1987. The attached materials have been prepared to demonstrate the need for the increased fees. The overall concept is to attempt to recover as much of the costs associated with regulating and administering planning functions in the County, but yet keep the fees reasonable. The fees are not recouping total costs based on the latest available figures used to project the administrative and indirect costs we are experiencing in the department. The fees collected go toward .supporting costs of the Planting Department. The projected revenue collected will offset approximately 31.3% of the Department's 1987 budget. • DEPARTMENT OF PLANNING SERVICES LAND-USE APPLICATION FEES Proposed to become effective January 1, 1987 1. Change of Zone $400.00 2. Use by Special Review $300.00 3. Use by Special Review Mining Permit $300.00 — For the first ten acres plus $3.00 per acre in excess of 10 acres. Fee to to exceed $575.00 4. Subdivision — Sketch Plan $150.00 5. Subdivision - Preliminary Plan $300.00 - For zero to 50 dwelling units or lots plus $3.00 per unit or lot in excess of 50 dwelling units or lots. Fee not to exceed $575.00 6. Subdivision - Final Plat $300.00 7. Subdivision - Resubdivision $300.00 (Replat) 8. Board of Adjustment $200.00 No fee to appeal administrative decision 9. Recorded Exemptions Administrative review or County Commissioner Hearing $200.00 10. Subdivision Exemptions Administrative Review or County Commissioner Hearing $125.00 11. Zoning Permit for Mobile Homes, Manufactured Homes, and Accessory Dwellings Staff Issued $ 60.00 Administrative Review or County Commissioner Hearing $115.00 12. Geologic Hazard Permit $60.00 13. Floodplain Development $ 60.00 14. Planned Unit Development District $400.00 Sketch Plan $150.00 Plan $300.00 - For zero to 50 dwelling units or Iota plus $3.00 per unit or lot in excess of 50. dwelling units or lots. Fee not to exceed $575.00 15. Minor Subdivisions $300.00 16. Site Plan Review $100.00 17. Investigation Fee An additional 50% of the established application fee not to exceed $250.00. An amendment to any of the above applications shall be treated as a new application and will be charged the appropriate application fee. .", ¶ • NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing at 1:30 p.m. on December 2, 1986 in the County Commissioners` Searing Room, First Floor (#101), Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, for the purpose of considering increased fee schedules concerning fees charged by the Weld County Department of Planning Services for Land-Use Permit applications. All persons in any manner interested are requested to attend the hearing and may be heard. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by November 20, 1986 Received by: C1 g It idivz„fyr n Date: • II 11 We!d Ca Naming Commix ,�,rr. zr I A7/6/44 f 1i MEMORAnDUM tsig To Jackie Johnson, Chairman Data December 30. 1986 v IIIk Board of County Commissioners COLORADO From Walter J. Speakman. Executive DirectorYOuman Resources 'VV ri r/Subiect: Dislocat Farm Ran he r m Rev gicion Enclosed for Board approval is a revised Expenditure Authorization document for the Dislocated Farmer/Rancher Program under the =ob Training Partnership Act. Weld County will be awarded $100,000 for this program. This revision changes the program dates (January 15, 1987 to January 16, 1988), revises budget line items, adjusts program outcomes, and simplifies the narrative. If you have any questions, please feel free to telephone me at 353-0540. ETecembeY 30. 1986.• , TO: nda Pe "Clerk to the Board FR: Lirez,,Humaw Resources RE: Revision to the i3islocated Farmer/Rancher Program. Encl •osed is a"revision to thejiisiocai;ed Farmer/Rancher Program funded""ender the, Job Training;Partnership Act r clipped the pages necessary •for signature. Please return three s gned 'or ginals. . , Note�` `. you.may wish to file this under the Job Training'Partnership.ActTitle III, " `: Disiocated.ra'ri er•/Rancher'Program. rN If you. hays aay questions, please feel free < fi to • fie k Y •4'Y y�� S . A 1 F/�{0O / 861264 • EXPENDITURE AUTHORIZATION SDA: Weld County Division of Human Resources P.O. Box 1805 Greeley, Colorado 80632 (303) 353-0540 Walter J. Speckman, Executive Director 1. Type of Funds Dislocated Farmer/Rancher Program Title III PY '85 2. Period of Performance January 15, 1987 through January 16, 1988 3. Scope of Work See attached Scope of Work beginning page 1. 4. Budget See attached Budget Information Summary beginning page 6. 5. Special Conditions . See page 4. 6. Signatures This agreement has been reviewed and approved by the following, and will be incorporated as an expenditure authorization attachment to the GJTO/SDA master contract. This signature page, when completed authorizes the funding for the program identified herein by GJTO. Weld County Board of Commissioners Chairman Jacqueline Johnson �� Title Name gnaturu ate Weld County Private Industry Council ��JJ Chairman N.J.. Geile .7g a - /- 2 .57 zitte Name �� S gn ure Date Governor's Job Training Office litle Name Signature Date 861264 EXPENDITURE AUTHORIZATION Weld County Dislocated Farmer/Rancher Program I. Scope of Work The Weld County Service Delivery Area (SDA) submitted a concept paper in September, 1986 to implement a Dislocated Farmer/Rancher Program. The purpose of the expenditure authorization is to outline the program activities/services, number of clients and a line item budget which will reflect changes from the concept paper. A. Activities/Services 1. Outreach/Recruitment/Intake Outreach/Recruitment will be conducted by the Weld County SDA, Weld County Service agencies, Project ARC, Colorado State University Extension Offices and the Vocational Agriculture School. Maximum coordination will be emphasized to ensure that the target group in Weld and the eastern areas of Boulder and Lorimer Counties are served. Intake procedures will be centralized at the SDA. Coordinating agencies will have the flexibility to complete a pre-application for SDA services with interested Farmer/Ranchers. This will help ensure that services from all the participating agencies are made available. Final intake and eligibility determination for JIPA services will be made by the SDA. 2. Assessment Assessment activities will be planned and coordinated with other agencies to ensure that maximum services are made available. Assessment of existing skills will include such tools as the GATE, interest inventories, basic educational assessment (math, reading, and writing levels), and other tests based on the need of the individual. These tests may be given at the SDA central office and in rural communities and schools. 3. Counseling Counseling activities will include both employment counseling and peer counseling. A state certified employment counselor will provide testing, assessment, etc. Trained peer counselors will provide recruitment, application taking (if appropriate), information concerning services available, assist in identifying individuals who are in need of mental health services, or other services/and the make appropriate referrals, etc. 861264 1 The counseling activities can also identify need for intervention activities and make appropriate referrals to support agencies. A majority of the counseling activities will be purchased from appropriate agencies. 4. Employment Development Plan The SDA will develop an Employment Development Plan with each individual. This plan shall include information from assessment, counseling, identification of employment and training activities (as further outlined), referral to activities offered by the Colorado State University Extension Office, the Small Business Administration, etc. 5. Work Shops Workshops will be made available to participants. One workshop will include development of career education and job seeking plans, labor market information, and decision making skills development. One workshop will be targeted towards the older individual and one addressing women's needs and skill development for changing lifestyles and roles. Workshop locations will vary and will be held in conjunction with rural schools and churches, Weld County SDA, Aims Community College, Extension Office, and the University of Northern Colorado. Some workshops may be purchased through other Service Delivery Areas (Adams County Displaced Worker Program and others), such as other educational • institutions or service agencies, Aims Community College, University of Northern Colorado, Mental Health, and other professional providers. When possible, tuition free workshops will be utilized. 6. Job Placement A major goal of this project is to assist the individual transition into employment. This can include either the Farmer/Rancher or spouse who is seeking off-farm employment. Since the Job Service functions are administered by the SDA, basic labor exchange activities can be utilized. Extensive job development and personal calls will be made on behalf of job read; individuals. Efforts will be made to do extensive job solicitation in other areas of the State. Staff will also be seeking employers for on-the-job training sites and Private Sector Internships Skill Training positions. 7. Training Skills Training for the individual shall be determined through assessment, employment development plan, and by identifying skills training that will assist the individual in getting a job in the existing labor market or to remain on the farm/ranch. Extensive efforts will be made to provide services and training which are accessible to them and provided near their homes. 861264 2 • • • The major areas in which skills training may be provided are: . On-the-Job Training (OJT) is designed to provide the individual with training in a specific skill area and employment by an employer. The employer hires the individual and is reimbursed job training costs. The length of training reimbursement methodology and general description of OJTs as described in the Job Training Plan will be followed. The Job Training Plan also addresses labor market conditions, job growth projections, etc. At this time, the SDA will use that information when developing OJTs, but as OJTs are developed, the individuals skills, abilities and other factors will need to be considered. • Private Sector Internships is a skill training component in which a private sector business provides training to the participant. Unlike the OJT, the employer does not guarantee to hire the participant. The SDA will explore development of this component after the design currently used for the youth. This option may provide a positive alternative for the individual to gain work experience in an area closer to home. . Instruction training is offered by Aims Community College on a tuition free basis. The SDA will review classroom training options provided by Boulder and Larimer Counties. If fast track training is available to upgrade a participants skills with employment identified at the end of such training, then tuition for that individual can be covered. Since the target population is in a crisis situation, long term training will not meet their needs. The SDA may provide tuition coverage in farm management classes if it is determined that this will assist the participant remain on the farm. . Farm management skills training will be offered through the Colorado State University Cooperative Extension Office on a tuition free basis for eligible participants. The SDA will coordinate this type of skill training with other activities and programs. One of the major goals of this project is to provide intervention activities prior to farm foreclosure. The evaluation of skills training benefits includes the number of participants successfully obtaining employment, completing training and participants whose farm management skills have been upgraded and they remain on the farm. 8. Supportive Services The existing system for supportive services will be utilized to benefit the clients. For instance, where agencies cannot provide services to meet the needs of the target population, the SDA will enter purchase of service agreements in order to deliver the services to meet the needs of the participants. • • 861264 3 Supportive services can also provided for temporary transportation costs, equipment, materials, safety glasses or shoes, etc. that are needed to participate in activities under this program or directly related to work needs. Supportive services may include monies for relocation activities. At this time, the SDA is unable to determine the extent or types of supportive services needed by this target population. A modification to this expenditure authorization will be completed if necessary. 9. Coordination Linkages with Service Delivery Areas Three major coordination linkages will be developed with other Service Delivery Areas and these include: a. A pool of $5,000 from the total coordination fund will be set aside to serve 20 individuals from other Service Delivery Areas. The same activities offered to Weld County clients will be made available. b. Workshops and seminars developed by other Service Delivery Areas will be included in the design. c. Job openings in other Service Delivery Areas will be identified. II. Program Performance and Results The Weld County SDA Performance Results and Program Outcomes will be consistent with the requirements of the United States Department of Labor. . The cost per enrollment will not exceed $1,094.00 and cost per placement will not exceed $1,952.00 • The positive termination rate will equal at least 60% of all individuals enrolled. It is anticipated that of the 60 individuals who terminate positively, 40 will obtain employment and 20 will terminate with upgrade skill development and remain on the Farm/Ranch. . A total of 100 individuals will be enrolled. Planned program activity levels are as follows: . 20 participants in On-the-Job Training ▪ 57 participants in peer counseling . 80 participants in workshops 25 participants in instructional or skills training component III. Budget See attached Budget Information Summary on page 6. IV. Special Conditions The Weld County SDA agrees to submit to the Governor's Job Training Office a quarterly narrative report discussing program developments, enrollments and expenditures for the previous three months. 861264 4 The SDA will comply with the management information system requirement. Eligibility determination will be made in accordance with JTPA letter #86-06 for Title III Dislocated Workers. The eligibility for the program will be validated by completing the SDA application_ The document gathers the necessary data for reporting purposes. Clients will be tracked throughout their time in the program by monitoring the Status Change documents. As with the other SDA programs, the official documentation of client tracking will be maintained "on-line" in the automated system. All information contained in the Participant Record will be collected and provided to GJTO through tape input. Client characteristic reports will be provided on a quarterly basis. • • • 861264 l Contractor: Weld County SDA Title: JTPA Title III, PY85 National Reserve Funds Address: P.O. Box 1805 Contract dates: Greeley, CO 80632 January 15, 1987 to January 16, 1988 BUDGET SUMMARY LINE ITEM ADMIN COORDINATION PARTICIPANT TRAINING TOTAL PERSONNEL 3,250 33,000 36,250 OPERATING EXPENSE 1 ,750 5,000 57,000 ' 63,750 ( � J OPERATING EXPENSE TOTAL 1750 5,000 57,000 63,750 TRAVEL PER DIEM INSTATE TRAVEL TOTAL EQUIPMENT TOTAL BUDGET 1 _5 000 = I5T000 1_90,000 100,000 PERCENT 5% 5% j 90% 100% 6 861264 s • WELD COUNTY PRIVATE INDUSTRY COUNCIL AGRICULTURE TASK FORCE Final Budget Displaced Farmer/Rancher Grant Activity Participants Amount Administration $ 5,000 Peer Counselor 57 4,000 Employment Counseling 6,000 Workshops 80 10,000 On-the-Job Training 20 41,250 Other Skills Training 25 18,750 Coordination Links 15,000 TOTAL $100',000 • • • 861264 Ott' • • • • • • • • • • • • • ,:..• • • • • • • ♦ S. * oa7L 1 n A 2 D D �-- in O a > D 0 * 'c D _t'ni -P -A --1 m < b x `� - _ O .. -4 0 -4 X -4 * 370 ul C nisi Z -O T f7--- N 70 m c m 13 2 * m A 0 . . r• a 0 m A . - - o o m t a 0 r .. 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A Z Z - a w ; ! t9 0 f v o u w ill ar cQ J W r Z US 8 t` W 8CC • 9 0 2 a r c z c c Z - x c ;S a 2 I- W X f- a F Z 0 w • 0 •••l > W r 0 > W > t.) ,• \. C > S I- a W Z IlL V y a • <c ✓ a o a a a a o a a r Q Z w Z Z O r - a. r/) N O N O V) - Q __. U f- .O A tL q pC r+ w \ CO �. c Z c tt. Z 0 m w (� F o 0 a- 0 iii m U.IV) N. G 1 T - 2 N 3'�J i i N D N N l"l a W H -. 6J - r W N 2 o. S Q. W 0 W GC N TO W 'A T . W 7 L f- S tr C t- m MO. > W f- C O 0 Q 0 O N Y i a a V 7 lt? li S a y a 0 • • • • • • • • • • • 0 • • • • 0 • • .. • • HEARING CERTIFICATION DOCKET NO. 86-79 RE: INCREASED FEE SCHEDULES - LAND-USE PERMIT APPLICATIONS A public hearing was conducted on December 29, 1986, at 9:30 A.M., with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro—Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff County Attorney, Thomas 0. David Director of Planning Services, Chuck Cunliffe Director of Finance and Administration, Donald D. Warden The following business was transacted: I hereby certify that pursuant to a notice dated December 10, 1986, and duly published December 18, 1986, in the Johnstown Breeze, a public hearing was conducted to consider increased fee schedules concerning fees charged by the Weld County Department of Planning Services for Land-Use Permit applications. Don Warden, Director of Finance and Administration, made this matter of record. Chuck Cunliffe, Director of Planning Services, read the favorable recommendation of the Planning Commission into the record. He stated that the proposed fees were discussed during the 1987 budget sessions. No public comment was received concerning this matter. Commissioner Brantner moved to approve the proposed increased fee schedules concerning fees charged by the Weld County Department of Planning Services for Land-Use Permit applications. Commissioner Lacy seconded the motion and it carried • unanimously. This Certification was approved on the 31st day of December, 1986. APPROVED: /� . BOARD OF COUNTY COMISSIONERS ATTEST: � C4nMn7z 2Az ..- ^�J WELD COUNTY, COLORADO Weld County Clerk and Recorder ,rp,,.t�� and Clerk to the Boa d J qu o Chairman GC By: aynty C Gord . c , EXCUSED DATE APPROVAL Gene/ y R. Br r / ' C.W..Kixbrb / TAPE #86-82 DOCKET #86-79 PL0001 861235 i _ I� . II +�SI r !Ipr Z�. t "`+" • ` _ In e. s` r dt C3-•l •• , • E4, .t... f - : I 1 ... 0 . Y fllCi a. FyP n }IO f fir. 1� ! t flU mow - s .3 ,+,. TiY« ;n 3 `3 t JII f ;s. ••••-""*". .rte (Decision No. C86-1696) BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO r = r1 7EC29la , IN THE MATTER OF THE RULES OF ) CASE NO. r .- THE PUBLIC UTILITIES COMMISSION ) s co~ y-LJ OF THE STATE OF COLORADO ) COMMISSION ORDER ADOPTING GOVERNING APPLICATIONS FOR ..) EMERGENCY RULES,--WITHOUT NOTICE RAILROAD-HIGHWAY' GRADE SEPARATIONS. ), - - AND HEARING, ,WITH RESPECT TO: - ) THE REPEAL OF. RULES GOVERNING ) APPLICATIONS FOR RAILROAD HIGHWAY GRADE SEPARATIONS December 16, 1986 STATEMENT AND FINDINGS BY THE COMMISSION: On October 4, 1983; by Decision No. C86-1550, the Commission adopted Rules Governing Applications for Railroad-Highway, Grade Separationl. The stated basis and purpose of those rules was to comply with the revisions in S 40-4-106, C.R.S., as- mandated by House Bill 1569 (H.B. 1569) which was enacted by the General Assembly during its 1983 session. House Bill 1569 established an annual cycle during which the Commission received applications for grade separations construction projects, held hearings, determined which projects should be constructed, and allocated the expenses of construction between the railroad corporations affected and between the corporation and the state; county, municipality, or public authority in-<interest. . .House 8i11 :1569: also established a spending limit for all affected Class I railroad corporations and an annual limit on allocations for each individual Class I railroad. The effect of N.B. 1569 was to require the Commission to consolidate for hearing grade separations construction projects. On April 21 , 1986, the Governor of the State of Colorado signed into law Senate Bill 123 (S.B. 123). Senate Bill 123 eliminates the annual applications procedure previously established by N.B. 1569. Thus, the Commission is no longer required to consolidate grade separations construction applications. . It is - therefore necessary that the former rules be repealed in' their entirety. Applications for approval and the allocation of costs.. of grade separations projects-will be-,handled by the application procedure in the Commission's Rules of, Practice and Procedure . 13414.T1 11-314L Senate Bill 123 became effective July 1 , 1986. Applications filed after July 1 , 1986, should not follow the farmer procedures in the Rules Governing Applications for Railroad-Highway Grade Separations since, as mentioned above, these rules were inconsistent with S.B. 123. On June 30, 1986, the Commission issued Decision No. C86-818 which adopted an emergency rule repealing the prior rules for three months without notice and hearing, under § 24-4-103(6), C.R.S. In Decision No. C86-818 the Commission stated the imperative necessity for the preservation of public health, safety, and welfare which required the immediate adoption of the emergency rules set forth in attached Exhibit A to Decision No. C86-818, without notice and hearing. The emergency rule adopted by the Commission in Decision No. C86-818 expired on September 29, 1986. The hearing on the permanent proposed rule repealing Rules 1 through 7 of the Colorado Public Utilities Commission Governing Applications for Railroad-Highway Grade Separations was then scheduled for November 17, 1986. Therefore, it was necessary that an additional emergency rule, without notice and hearing, repealing Rules 1 through 7 of the Rules of the Colorado Public Utilities Commission Governing Applications for Railroad-Highway Grade Separations be adopted effective September 30, 1986, when the initial emergency rule expired. The Commission stated that the failure to adopt an additional emergency rule effective September 30, 1986, may result in the prior inconsistent rules being reactivated before the Commission could establish permanent rules. The additional emergency rules will expire on December 29, 1986. . The public rulemaking hearing on the permanent rules repealing Rules 1 through 7 of the Rules of the Colorado Public Utilities Commission Governing Applications for Railroad-Highway Grade Separations previously scheduled for November 17, 18, 19, and 20, 1986, were assigned to Hearings Examiner William J. Fritzel for hearing, with directions to vacate the previously scheduled hearing dates and to reset the matter. Accordingly, the scheduled hearing dates were vacated and the matter was rescheduled for January 7 , 8, 9, and 12, 1987. Because the present emergency rules will expire on December 29, 1986, and hearings for the permanent rules are scheduled for January 7, 8,. 9, and 12, 1987, it is necessary to adopt a third emergency rule effective December 30, 1986, so that rules repealing Rules t through 7 of the Rules of the Colorado Public Utilities Commission Governing Applications for Railroad—kiighway Grade Separations will be in place pending the adoption of permanent rules. Moreover, the failure to adopt a third emergency rule effective December 30, 1986, may result in the prior inconsistent rules being reactivated. The Commission makes the following findings and statement of the reasons for adoption of the emergency rule attached as Exhibit A, repealing the former permanent grade separations rules (repealer) without compliance with the procedures prescribed in § 24-14-103(3), C.R.S. , and statement of the imperative circumstances-which require adoption of the repealer without notice. The Commission finds that immediate adoption of 2 the emergency rule in attached Exhibit A imperatively is necessary for the preservation of public health, safety, and welfare, and compliance — with the requirements of § 103, Title 24, Article 4, would be contrary to the public interest because railroad-highway srade separations always involve questions of safety. If the Commission were to promulgate new rules to conform with S.B. 123, without an emergency repeal of the prior rules, the prior, nonconforming rules may be reactivated on December 30, 1986, and would thus continue in effect after S.B. 123 became law on July 1 , 1986. Any applications filed after December 30, 1986, when the prior rules were reactivated, inevitably would be delayed as would be the eventual construction of any grade separations project authorized. Accordingly, the public health, safety, and welfare requires that applications of this type be processed as expeditiously as possible. It is therefore in the public interest that the emergency rule in the attached Exhibit A be adopted effective December 30, 1986, without notice and without hearing., repealing the existing. Rules Governing Applications for Railroad-Highway Grade Separations. Case No. 6329 should be reopened to establish the emergency rule effective December 30. 1986, in attached Exhibit A, without hearing and without notice, in order to again repeal the prior rules governing railroad-highway grade separation applications. The emergency rule in attached Exhibit A repealing the existing: rules shall remain effective for three months or until a final permanent rule is adopted by the Commission, whichever first occurs. The. Commission notes that - it promptly commenced a rulemaking proceeding to permanently repeal the existing grade separations rules upon notice and hearing, after issuance of the first emergency rule which expired on September 29, 1986. THEREFORE THE COMMISSION ORDERS THAT: 1 . Case No. 6329 is reopened to adopt the emergency rule in attached Exhibit A, repealing Rules 1 through 7 of the Rules of the Public Utilities Commission of the State of Colorado Governing Applications for Railroad-Highway Grade Separations. The emergency rule in attached Exhibit A repealing Rules 1 through 7 of the Commission's Rules Governing Applications for Railroad-Highway,Grade Separations shall be effective on December 30, 1986, and shall remain effective for three months or until a final permanent rule on this subject matter is adopted by the Commission, whichever first occurs. Attached Exhibit A is incorporated by reference verbatim into this Order. 2. The 20-day time:period provided, by § 40-6-114(1) , C_R.S., to file an application for rehearing, reargument; or reconsideration shall begin on the first day after the mailing or serving of this Decision. 3 3. The emergency rule in attached Exhibit A repealing the Rules of the Public Utilities Commission Governing Applications for Railroad-Highway Grade Separations shall be submitted by the Executive Secretary of the Commission to the appropriate committee of reference of the Colorado General Assembly if the General Assembly is in session at the time this Order becomes effective, or to the Committee on Legal Services if the General Assembly is not in session, for its opinion as to whether the adopted rules conform with S 24-4-103(8)(a), C.R.S. 4. An opinion of the Attorney General of the State of Colorado will be sought promptly regarding the constitutionality and legality of the rule in attached Exhibit A repealing the Rules Governing Applications for Railroad-Highway Grade Separations. 5. The Executive Secretary of the Commission shall file with the Office of the Secretary of State of the State of Colorado a copy of the emergency repealer adopted by this Decision and, when obtained. a copy of the opinion of the Attorney General of the State of Colorado regarding the constitutionality and legality of the repealer. 6. The Executive Secretary of the Commission promptly shall publish the repealer of the Rules of the Public Utilities Commission Governing Applications for Railroad-Highway Grade Separations under the provisions of S 24-4-103(11)(d), C.R.S. This. Order is ,effective forthwith. DONE IN OPEN MEETING the 16th day of December 1986. • (s E A L) THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO 4 - . r RONALD L. LEHR • EDYTHE S. MILLER or , ANDRA SCHMIDT A$j- Commissioners • ATTEST: A TRU COPY marry GA 2igan, Jr. Executive Secretary MRH:nrg:1O746 4 Exhibit A Page 1 of 3 pages - Case No. 6329 Decision No. C86-1696 December 16, 1986 RULE REPEALING RULES 1 THROUGH 7 OF THE RULES OF THE COLORADO PUBLIC UTILITIES COMMISSION GOVERNING APPLICATIONS FOR RAILROAD-HIGHWAY GRADE SEPARATIONS I. A. Statement of Basis and Purposes The basis and purpose of this rule, temporarily repealing Rules 1 through 7 of the Rules of the Colorado Public Utilities Commission Governing Applications for Railroad-Highway Grade Separations, is that the Commission had rules governing applications for railroad-highway grade separations. The purpose of the former rules was to comply with House Bill 1569 (H.B. 1569), enacted by the General Assembly in 1983. House Bill 1569 established an annual cycle during which the Commission received applications for grade separations construction projects, held hearings, determined which projects should be constructed, and allocated the expenses of construction between the railroad corporations affected, and between the corporation and the state, county, municipality, or public authority in interest. House Bill 1569 also established a spending limit for all affected Class I railroad corporations and an annual limit on allocations for each individual Class I railroad. The effect of H.S. 1569 was to require the Commission to consolidate and list in order of priority individual grade separations construction projects in addition to approving or disapproving the projects and allocating the funds for those projects. On April 21 , 1986, the Governor of the State of Colorado signed into law Senate Bill 123 (S.B. 123). Senate Bill 123 eliminates the annual applications procedure previously, -established by H.B. 1569.. Thus, the Commission is no longer' required "t6. consolidate and list 'in order of priority individual grade separations construction projects, but retains its authority to approve or disapprove individual projects and to allocate the funding of individual' projects. Because the Commission is no longer required to consolidate and list in order of priority applications for railroad-highway grade separations, the present rules conflict with the new mandate contained in S.B. 123. The Commission repealed the previous rules on June 30, 1986, by Decision No. C86-818 for three months, which repeal expired September 29, 1986. Hearing for permanent rules was previously set for - November 17, 18, 19, and 20, 1986, so that the prior rules may have been. reac"tivated on September 30, 1986, unless the Commission issued a' further emergency 5 Exhibit A Page 2 of 3 pages Case No. 6329 Decision No. C86-1696 December 16, 1986 rule repealing the former rules effective September 30, 1986. The Commission assigned the case to Hearings Examiner William J. Fritzel for hearing with directions to vacate the previously scheduled hearing dates of November 17, 18, 19, and 20, 1986, and to reset the matter. The matter has now been reset for hearings on January 7, 8, 9, and 12, 1987, and the present emergency rules will expire on December 29, 1986. Accordingly, it is necessary that the Commission issue an additional emergency rule repealing the former rules effective December 30, 1986, so that the prior rules will not be reactivated on December 30, 1986. Senate Bill 123 is the basis for the repeal of the prior Commission rules which provided for a procedure for the Commission to consolidate and list in order of priority individual railroad-highway grade separations projects, and the purpose of this rule is to repeal the prior Railroad-Highway Grade Separations Rules 1 through 7 so that applications filed after July 1 , 1986, will be handled under the Commission's Rules of Practice and Procedure. Unless the Commission again repeals, on an emergency basis, the prior rules, they may become - reactivated since .the previous emergency repeal of these rules will expire on December 29,, 1986, and hearings on the permanent repeal of these rules is scheduled for January 7, 8, 9, and 12, 1987. `. 6 Exhibit A Page 3 of 3 pages — Case No. 6329 Decision No. C86-1696 December 16, 1986 B. Permanent Rule Repealing Rules 1 through 7 of the Rules of the Public Utilities Commission of the State of Colorado Governing Applications for Railroad-Highway Grade Separations Rules 1 through 7 of the Rules of the Public Utilities Commission of the State of Colorado Governing Applications for Railroad-Highway Grade Separations are repealed as of December 30, 1986, and shall remain repealed for three months from December 30, 1986, or until the Commission adopts a permanent rule on this subject matter, whichever first occurs. 10146.0882G:nrg 7 ATE • DEPARTMENT Of HIGHWAYS . C a 4201 fast Arkansas Ave. '1 *' _-17 f 4kfi Denver.Colorado 8027.2 t -•`, r )TSTso,1 DEC 213861-:,1:- 8 FOR MORE INFORMATION: 757-9361 or #86-53' ci 757-9228 Highway'lees ., . ' Dse4mber 23, :1486 Sat suali Lecar'ooins ARE UKAWABE OF SOUTH SANTA FE DRIVE DIAMOND'LAIRSill DHNVEB' Diamond lanes, special traffic lanes reserved for transit and . ridesharing, have been' in operation for more than two months on South Santa Fe Drive in Denver south of Interstate 25. The Colorado Department of Highways has been monitoring usage and the violation rate of the Diamond lanes. Traffic counts taken November 25, December 3 and December 17 during morning peak periods showed that only half of eligible carpoolers were using the preferential lanes_ There were an average 600 vehicles counted in the High Occupancy Vehicle (HOV) lanes mornings, representing only about nine percent of all vehicles using South Santa Fe Drive. Buses, vans and carpools (two or more people in the vehicle) may use .the lanes, closest to the center median, between 6 and 8:30 a.m. weekdays frea' "Harvard Ave. to an exclusive I-25 ramp. Southbound, lanes operate..between::4 ,and 6;:30 p.m. weekdays, from Florida Ave. to Harvard APB. The Department, and the Denver Regional Council of Governments, will continue to promote the concept so that more carpoolers eligible to use the spacial lanes will do so._ DRCOC..officials report that .since the lanes opened October 10, there has been a 4.2 percent increase in the number of registered' carpoolers in the area- targeted: for promotion. The target area is roughly bounded by Broadway, County Line Road, Wadsworth Ave. and Hampden Ave. Interested persons may phone 458-POOL to learn more about establishing a carpool_ As might be expected, violations vary according to the level of enforcement. When Denver police :officers are present, the violation rate is 15 to 20 percent. When enforcement was absent during one week, the violation rate soared to 80 percent. Denver patrolmen on the scene are being conscientious about enforcing the Diamond Lane concept, however, and ticketed motorists face a $24 fine and 3-point citation assessed against their driving record: (over) ` 2t K\ Bat na4 , 5." Highway Hews December 23, 1986 During off-peak hours, the Diamond Lanes can be used by all traffic. Department of Highways traffic engineers discovered that the center lanes were underutilized during the day because "motorists were reluctant to use them. A car pool must •consist of the driver and at least one passenger. It doesn't matter whether the NOV is a bus or a taxi...or a motorcycle. Federal law permits this energy conserving vehicle in' the Diamond lanes. To avoid confusion, the Department of Highways' will ,paint .the words "carpool lane" on South. Santa Fe Drive pavement between the diamond symbols now;shown. Of 'great advantage to northbound motorists, and also largely ignored!by morning peak period carpoolers, is the exclusive use of a ramp to Interstate 25. .. ay. ngest Eligible vehicles ms bypass the co ion on the other an-ramp to I-25 which is located farther south on Santa Fe Drive. New traffic concepts, like ramp.metering or HOV lanes, >are always bard to ,implement. Eventually, more drivers will learn the advantages of the Diamond Lanes and the advantages of'ridesharing. MASS TRANSIT FUNDING APPLICATIONS AVAILABLE''Jtium 10 Application packages for two Urban "Mass Transportation £4n. nistration (UMTA) programs will be available OnJanuary 10 at the Colorado Department of Highways main administration building in Denver.- Persons who filed applications during 1986 will be sent the new packet of material, but new applicants are welcomed The state agency administers both programs. Section 16(b)(2) funds are awarded to private, nonprofit agencies serving the elderly and handicapped_ Funds can be used onit, eor capital purchases (vehicles or radio equipment, for example) with a federal share limit of 10 percent and the local cash match coming from a source other than federal funds. Section 18 funds are for public transportation services in "non-urbanized" areas. Only state agencies, Indian tribes, towns and counties, or private nonprofit agencies may apply. Moneycan be used for administrative, ' operating, and c. ital .'.:: _ _capital expenses of a regular and continuing public- transit service. (more) Highway News December 23, 1986 Page 3 Anyone wishing to receive .a copy of the packet should call 757-9770 or write to the Transit Unit, Room 225,, Colorado Department of Highways, 4201 East Arkansas" ave. , Denver, CO. 80222. Applications for the two programs will be due on April 13,-.1987. IR 25-3(84), . 1-25 AT 120TH AVE. IN lotracLEig Roberts Construction Company of Denver submitted an apparently ' successful bid of-- $488, 351 at-the:Department's' Division of Highways December 23 opening for a Set-Aside widening and signalizing project which is located at the I-25 and 120th Ave. interchange in Northglenn. The Set-Aside project, which"was: offered only to certified, prequalified minority business enterprises, consists of grading, structures, curb and gutter, hot bituminous pavement, signing, striping, signalization, topsoil, seeding and mulching. Three firms submitted bids for the project which is scheduled for completion within 60 working days after its Notice to Proceed. 000 BRH_1'410(2) 13TH STREET BRIDGE OVER CHERRY CREEK IN DENVER A Set-Aside bridge rehabilitation project which is located at 13th Street over Cherry Creek in Denver drew two minority firms to the Division of Highways December 23 opening. The Set-Aside project was offered to certified, prequalified minority business enterprises only. A low bid of $296,068 was submitted by A & R Construction, Inc. of Commerce City for the project which consists of grading, drainage, the bridge, hot bituminous pavement, striping, lighting, signalization and landscaping. The project_will-:be: re-advertised, because there were fewer than three biddera and the _ low bid was more than two percent ever the engineers' estimate. 000• BB0 0003(3) 6TH.AVENUE BRIDGE IN GREELEY Minor widening and :bridge rehabilitation in Greeley on 6th Ave. over the Cache LaPoudre River drew five minority business" enterprises to the Division of Highways December 23 bid opening. The Set-Aside:project, which 1ms offered only to certified, prequalified minority firms, consists of grading, aggregate base course, hot bituminous pavement, drainage, the bridge, topsoil, seeding and mulching. NCC _Construction Company of .Greeley submitted an apparently successful bid of $538,812 for the project which, is scheduled for completion within 120 ;, working days after the .Notice: to Proceed. Resident engineer is L.G. Duncan of Greeley. (over) Highway News December 23, 1986 Page 4. BRO 0047(1) ' „ DOUGLAS;COUNTY ROAD #8. Lawrence Construction Company of Littleton submitted an apparently successful bid of $679,695 at the Division of Highways December 23-opening for .a-new roadway construction and bridge replacement project located on Douglas County Road #8 west of Parker. Work elements include grading, hot bituminous pavauent, aggregate base course, a bridge over Cherry Creek, signing, striping, seeding, mulching and planting. Eleven- firms submitted- bids for the,project which will be coordinated by resident engineer W.W. Nesbitt of Aurora. The project is scheduled for completion within 60 working days after the Notice to Proceed: 000: CR BRS 08-0006-30 U.S. 6 WEST OF FRUITA Resident engineer Bill Nelson of Eagle will coordinate a bridge replacement project located on U.S. 6 west of Fruita over Little Salt Wash, Seven firms submitted bids at the Division of Highways December 23 opening for the Project. united Companies of Mesa County, located in Grand Junction, submitted an apparently successful bid of $219,838 for the project which consists of grading, aggregate base course, hot bituminous pavement, concrete box culvert, drainage, guardrail, topsoil, seeding, and mulching:` Completion time is within 45 workable days.' 000 :r CON'l ing AwsRD� Road/ Bid Contract Protect Street -Description Awarded to :npel.+inx ::;Awarded BRS OG72(14)- S_77:-S72 in -4,,c Bridgeirepace.- l A &-•K Const. ,slnc 12/11/86;12/15/86., Jefferson :meat. $392,241 county. Award Goals 0% Committed 0% FC 160-2(44) U.S. 160. north :'. Roadway,realign- United Const. of 12/11/86`12/17/86 of Pagosa springs. went.. Durango, Inc. $389,850 Award Coals- .-. - , - , . DBR.:4_.3% WBB: O'L•. !' Committed. , i DBE 4'.S% J WBL 0% IR 70-2(161) : I-70r_aear:,.. . : Installation of Duckels Coast:, Inc.;-12/11/86 12/16/86 Silverthorne. variable message ,, $109,430 sign Award-Coals DBE 10% WBE 6% Committed DBE 10.1% WBE 7.9% C9 UNITED STATES s� # o NUCLEAR REGULATORY COMMISSION r. f ,,' ` �,: WASHINGTON.. D.C.20555 o December 15 1986 ****-4, f ."'7 �. l Docket No. 50-267 � rr , ? -• r_ &° 2 9_ smc, Mr. R. O. Williams, Jr. rn ; Vice President, Nuclear Operations c.occt Public Service Company of Colorado Post Office Box 840 Denver, Colorado. 80201-0840 Dear Mr. Williams: SUBJECT: FORT ST. VRAIN NUCLEAR GENERATING STATION, AMENDMENT NO. 49 TO FACILITY OPERATING LICENSE DPR-34 The Commission has issued the enclosed Amendment No. 49 to Facility Operating License No. DPR-34 for the Fort St. Vrain Nuclear Generating Station. This amendment consists of changes to the Technical Specifications (TS) in response to your application dated May 22, 1985 (P-85179). This amendment adds a Section 4.9.3 concerning Xenon Stability Testing to the Technical Specifications. The staff has reviewed and approved your Xenon Stability Test, Start-Up Test (SUT) B-11, as described in your submittal. A copy of the Safety Evaluation is enclosed. The Notice of Issuance will be included in the Commission's next Si-weekly Federal Register notice. Sincerely, eLs‘r . /4^Fe- --- Charles S. Hinson, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosures: 1. Amendment No. 49 to DPR-34 2. Safety Evaluation cc w/enclosures: See next page 6d rnrg 12-3i -8 t° Mr. R. O. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazie, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr, David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. L. W. Singleton, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place • 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 • • w s.pN REQUcq oy UNITED STATES ` -tiff S NUCLEAR REGULATORY COMMISSION • WASHINGTON,O.C.20555 izr. • PUBLIC SERVICE COMPANY OF COLORADO DOCKET NO. 50-267 FORT ST. VRAIN NUCLEAR GENERATING STATION AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 49 License No. DPR-34 1. The Nuclear Regulatory Commission (the Commission) has found that: A. The application for amendment by Public Service Company of Colorado (the licensee) dated May 22, 1985, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance: (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied. - 2 - 2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this license amendment, and paragraph 2.D(2) of Facility Operating License No. DPR-34 is hereby amended to read as follows: • (2) Technical Specifications The Technical Specifications contained in Appendices A and B, as revised through Amendment No. 49 , are hereby incorporated in the license. The licensee shall operate the facility in accordance with the Technical Specifications. 3. This license amendment is effective as of the date of its issuance. FOR THE NUCLEAR REGULATORY COMMISSION (1764-144-A-e- / 2AAdt erbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Attachment: Changes to the Technical Specifications Date of Issuance: December 15, 1986 ATTACHMENT TO LICENSE AMENDMENT NO. 49 TO FACILITY OPERATING LICENSE NO. DPR-34 DOCKET NO. 50-267 Revise Appendix A Technical Specifications by inserting the attached page as indicated. This page is identified by amendment number and contains vertical lines indicating the areas of change. Remove Insert 4.9 • - Fort St. Vrain #1 • Technical Specifications Amendment No. Page 4.9- • Specification LCO 4.9.3 Xenon Stability Testing Limiting Condition for Operation - The requirements of Specification 4.1.3 and 4.1.4 may be suspended during the performance of the Xenon 'Stability physics tests provided power perturbations do not exceed those which are expected, as determined by' an engineering evaluation performed prior to the test, and approved by the- . NFSC. APPLICABILITY: During Xenon Stability physics tests. ACTION: a. With the occurrence of power perturbations in excess of the approved maximum limits, reduce thermal power sufficiently to stop power perturbations. • Surveillance Requirement: There is no specific surveillance requirement associated with LCO 4.9.3. This test is conducted - in accordance with the appropriate 8 series start-up test procedures. • Basis for Specification LCO 4.9.3 In order for the Xenon Stability characteristics of the reactor core to be demonstrated, it is necessary to attempt to initiate xenon oscillations by ,inserting an out of sequence rod. The limits on the average temperature rise in LCO 4.1.7, shall be maintained throughout this test. Maintaining operation • - - • within these limits will fully protect plant equipment and the health and safety of the public. A detailed engineering evaluation will be performed in advance of any Xenon Stability Testing in order to analyze the planned test configuration to assure compliance with the intent of LC0 4.1.3 and LCD 4.1.4 throughout the test. This engineering evaluation will assure that the maximum worth rod pair criteria is met (see FSAR, section 14.2.2.6 and 3.5.5.1), and that the assumptions utilized in development, of Core Safety Limit SL 3.1 (with regards to region, column, and axial peaking factors) remain valid throughout the test. RE004 e' '0 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON,D.C 2055S ay' *eVe •##* SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION SUPPORTING AMENDMENT NO. 49 TO FACILITY OPERATING LICENSE NO. DPR-34 PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET NO. 50-267 I.0 INTRODUCTION The Xenon Stability Test, Start-Up Test (SUT) B-11, which is to experimentally demonstrate the stability of the power distribution in the Fort St. Vrain (FSV) reactor, has not yet been performed at FSV. Although three cycles of operation at FSV have demonstrated that the reactor power distribution is highly stable, performance of this test is required by the NRC. This test is initiated by abruptly changing the power distribution while the reactor is at power in the equilibrium (i.e. , steady state) xenon condition. This is done by inserting one control rod pair into a region of the core while the reactor is at power. This kind of control rod pair movement is not allowed by the . present FSV Technical Specifications. Throughout this test, all limits on the average temperature rise in LCO 4.1.7 shall be maintained. In addition, no plant protective systems will be turned off to perform this test. This will ensure full protection of plant equipment and the health and safety of the public. The Public Service Company of Colorado (PSC) , via Reference 1, submitted a proposed Technical Specification which would allow the control rod movements needed for this test. The required rod movements and the expected response are to be determined from a detailed engineering evaluation that is to be performed by PSC prior to the test. Fundamental calculations and operational experience to date have shown that the change in power distribution will not be severe. Any unexpected change in the power distribution can be stopped by manually reducing reactor power. In addition, per General Design Criteria 11 of 10 CFR Part 50, the FSV reactor core is designed to have a strong negative temperature coefficient of reactivity. This core design feature ensures that any unexpected increase in reactor power and temperature caused by this test will be automatically compensated for by a decrease in core reactivity. Unlike U.S. reactors, it is believed that the Soviet RMBK core design (e.g. Chernobyl type) features a positive temperature coefficient of reactivity. - 2 - 2.0 EVALUATION PSC proposes to utilize the computer program GALAHAD (GA-1966', April 1969) to evaluate any potential xenon transients resulting from this test. GALAHAD is a two-dimensional computer program for assessing xenon transients in High Temperature Gas Cooled Reactors (HTGRs). The GALAHAD program has not been approved by the NRC. However, since the safety of the plant does not depend on the results of this calculation, its use for this particular application is acceptable. While this proposed Technical Specification will allow control rod pairs to be moved in other than groups of 3 and to be other than full in or full out, as specified in Technical Specification 4.1.3 and 4.1.4, it will not change any of the Plant Protective System Trip Settings and it will not suspend the power-to-helium-coolant- flow ratio limits in a region, or the fuel safety limits. Also, the maximum worth rod pair criteria of 0.012 delta k/k will be met; so with the exception of the removal of the control rod pair out-of- sequence limit, plant protection will be the same as that during normal operation. Therefore, with this Technical Specification in effect, the plant protection will be essentially the same as that during normal operation. The nature of the test requires increased surveillance of all reactor parameters. This increased surveillance will ensure that the removal of the control rod pair out-of-sequence limit will not decrease plant safety. The staff, therefore, concludes that the proposed Technical Specification is acceptable. 3.0 ENVIRONMENTAL CONSIDERATION The staff has determined that the amendment involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite and that there is no significant increase in individual or cumulative occupational radiation exposure. The Commission has previously issued a proposed finding that this amendment involves no significant hazards consideration and there has been no public comment on such finding. Accordingly, this amendment meets the eligibility criteria for categorical exclusion set forth in 10 CFR §51.22(c)(9). Pursuant to 10 CFR §51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this amendment. 4.0 CONCLUSION We have concluded, based on the considerations discussed above, that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by operation in the proposed manner, and (2) such _ 3 _ activities will be conducted in compliance with the Commission's regulations and the issuance of this amendment will not be inimical to the common defense and security or the health and safety of the public. Dated: December 15, 1986 Principal Contributor: Ed Lantz REFERENCE 1. Letter from 0. R. Lee, PSC, to E. H. Johnson, USNRC, "Proposed Technical Specification Changes,' May 22, 1985. Arou, =� '711 UNITED STATES e NUCLEAR REGULATORY COMMISSION a m =i WASHINGTON,D.6.20555 y i +°y December 15, 1986 ,"4,� w Docket No. 50-267 �:'�rDECf�� . 2 it„e VT i MEMORANDUM FOR: Herbert N. Berkow, Director -. Standardization and Special Projects Directorate Division of PWR Licensing-B THRU: 0. D. T. Lynch, Jr., Section ader Standardization and Special Projects Directorate Division of PWR Licensing-B FROM: Charles S. Hinson, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-8 SUBJECT: SUMMARY OF OCTOBER 27-30, 1986 MEETING AT FORT ST. VRAIN (FSV) TO DISCUSS STAFF COMMENTS ON THE FSV TECHNICAL SPECIFICATION UPGRADE PROGRAM (TSUP) Reference: 1. Letter: K. L. Heitner (NRC) to R. F. Walker (PSC), "Comments on the Final Draft of the Fort St. Vrain (FSV) Upgraded Technical Specifications (TS)," dated May 30, 1986. 2. Memorandum: C. S. Hinson to H. N. Berkow, "Summary of October 1-2, 1986 Meeting with PSC to Discuss Staff Comments on the FSV TSUP," dated October 28, 1986. 3. Letter: D. L. Moses (ORNL) to G. L. Plumlee, III (NRC), "Technical Evaluation of the Redrafted Technical Specifications for Subsystems/Components of the Fort St. Vrain Safe Shutdown Cooling Systems and PCRV and Confinement Systems," dated September 2, 1986. On October 27-30, 1986, the NRC staff met with the Public Service Company of Colorado (PSC) staff and the NRC contractors from Idaho National Engineering Laboratory (INEL) and Oak Ridge National Laboratory (ORNL) to discuss the status of the FSV TSUP. The attendees of this meeting are indicated in the enclosed List of Attendees (Enclosure I). The NRC staff had previously met with the PSC staff and the NRC contractors in Bethesda on October 1-2, 1986, to discuss resolution of the staff's comments on the FSV TSUP (Reference 1). As a result of this meeting, each of the comments contained in Reference 1 were reviewed and categorized into one of the six categories listed below (Reference 2): r,-c-1 �z,31-86 - 2 - A Incorporate comment as is B No action needed (resolved by discussion) C PSC to explain in proposed TSUP amendment safety evaluation D PSC/NRC discussion needed to resolve E Outside TSUP scope - no further discussion planned F Outside TSUP scope - further discussion possible The primary objective of the October 27-30, 1986, meeting was to discuss in greater detail the category D comments (comments requiring further discussion to resolve) and to resolve these comments by recategorizing them into one of the categories, other than D, listed above. Alternatively, a comment could be placed in one of the two new categories listed below: A# PSC action item D* NRC action item Category A comments were also discussed at this meeting and recategorized, in a few cases. Enclosure 2 is a complete listing of all the comments discussed at the October 27-30, 1986 meeting, the current resolution category of these comments, and a brief description of the nature of resolution. These comments comprise all of the category D and A comments identified at the October 1-2, 1986 TSUP meeting with the exception of the comments relating to FSV's electrical system (Technical Specification Section 3/4.8). The staff is currently reviewing FSV's proposed Technical Specifications (TS) in this area and will submit new comments to PSC at a later date. During the preparation of Enclosure 2, NRC Comment Resolution - FSV Final Draft Technical Specification, the staff recategorized three of the comments as follows: LCO 3.7.1.2-5 Was categorized "8" at the meeting. However, it was recategorized as a "C", since it is an existing Fort St. Vrain TS that will be deleted. LCO 3.9.3-2 Was categorized "A#" at the meeting. However, it was recategorized as a "C", since it is an existing Fort St. Vrain TS (of channel calibration) that will be changed from a frequency of annual to once per 18 months. AC 6.12 Was categorized "A" at the meeting. However, it was recategorized as a "A#". Although PSC added words at the beginning of the paragraph, they did not address other deviations from within the paragraph. See STS Rev. 5, p. 6-23. Of the 223 comments (many having several subparts) listed in the resolution list, there are 12 NRC action items and 42 PSC action items. The staff is working on the resolution of the NRC actions items. PSC plans to submit a formal NRC closeout package on all of the NRC comments contained in Reference 1 soon after they receive the NRC meeting summary report for this meeting. This - 3 - submittal will consist of: (1) a markup of the final draft TS indicating revisions in response to NRC comments; (2) the PSC response documentation (revised PSC meeting handouts) covering each comment discussed at the October 27-30, 1986 meeting; and (3) PSC's revised responses based on the PSC action items. Upon receipt of this TSUP closeout package from PSC, the staff will review this information for acceptability and issue a safety evaluation on this portion of the TSUP. Following the discussion and categorization of the TSUP comments, we discussed the licensee's concerns with ORNL's Technical Evaluation Report (TER) for the FSV safety-related cooling systems Technical Specification Upgrade (Reference 3). The TER stated that there were several existing requirements associated with the current FSV licensing basis which should be included in the proposed FSY TS. The licensee stated that the systems described in the TER fell outside the scope of the FSV TS. The PSC and NRC staff each agreed to review and categorize the twenty pages of TER comments using the categories defined for the TSUP comments, and then compare comment categories as a first step towards resolving these comments. The staff also discussed its concerns with PSC's interpretation of LCO 4.1.9 regarding the 760°F bulk core temperature concept. The staff is concerned that potentially all decay heat removal paths from the core would be interrupted based solely on a calculation that the bulk core temperature was less than 760°F. During this period when the heat removal paths were interrupted, there could be no monitoring of core temperatures. The staff said that a more conservative approach would be to maintain at least one decay heat removal path operating, and a second path operable, except for a specified period where operation was not possible (i.e. , circulator removal, etc.). The licensee stated that the provisions of LCO 4.2.13 and LCO 4.2.15 require that one loop of the liner cooling system (LCS) always be in operation during shutdown when the bulk core temperature is less than 760°F. The staff stated that the TS were unclear on this requirement and requested that PSC make an explicit commitment to maintain one loop of the LCS in operation under the provisions of the above stated LCOs. The staff suggested that PSC revise the proposed TS to include curves which the operators can use to determine approximately how long they can be shut down before the bulk core temperature exceeds 760°F. PSC agreed to discuss these issues with the staff in more detail at a later date. The meeting was adjourned at 4:00 pm on October 30, 1986. ..l; Charles S. Hinson, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Enclosures: As stated cc w/enclosures: See next page Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazle, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. . Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. 0. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Denver, Colorado 92138 Kelley, Stansfield & O'Donnell Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Denver, Colorado 80211 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado Greeley, Colorado 80631 Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 18th Street, Suite 1300 Denver, Colorado 80202-2413 • • Enclosure 1 NRC-PSC TSUP Meeting October 27-30, 1986 ATTENDANCE LIST Name Organization Ken Meitner NRC/NRR/PBSS Charles Hinson NRC/NRR/PBSS Scott Hofstetter PSC/Nuclear Licensing Jim Gramling • PSC/Nuclear Licensing Mike Holmes PSC/Nuclear Licensing Sam Chesnutt PSC/Nuclear Licensing Consultant Donald R. Hoffman PSC/Nuclear Licensing Consultant Ronald E. Collins PSC/Nuclear Licensing Consultant Richard J. Nirschl PSC/Nuclear Licensing Consultant Marty Deniston PSC/Operations Mark Joseph PSC/Tech Services 6. L. Plumlee, III NRC/NRR J. C. Stachew EG&G, Idaho Inc. David L. Moses ORNL -1- NRC COMMENT RESOLUTION- FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution - Gen. #4 A A Gen. #5 D D* NRC to resolve in conjunction with the LCO 4.1.9 review. - Gen. #6 D D* PSC proposed resolutions need to be checked by NRC. Def. 1.11 - D A PSC agreed to change "except for control rod pairs" to "except for control rod pair or reserve shutdown system insertion" in the definition of core alteration. Def. 1.14 - D B Calculational method is covered in licensee's Core Management Guide procedures. Def. 1.17 - A A Def. 1.24 - A A Table 1.0-1 - D A# PSC agreed that note should not apply to the reactor mode switch. PSC to clarify exactly to what positions of the ISS this note applies. SL2.1.1 2 A A 3 B A Power Peaking Uncertainty will be clarified in later UFSAR revision. A A Power Peaking Uncertainty has been clarified in TS. 4 A A 5 D B See PSC response document. A PSC to reference UFSAR section in Basis. -2- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution SL2.2.1 1 D B Setpoint tolerance format is acceptable. A Included circulator inlet tempera- ture condition. F TRIP SETPOINT vs. Temp. deferred to resolution of Instrument Setpoint Study. B Psia used for instruments, Psig for Mechanical setpoints. LC03.0 3 D A 4 A A 5 D A Accepted PSC proposed resolution. See PSC response document. LC03.1.1 1 A AU Extrapolated Scram Time will be clearly defined. 2 D • A Purge Flow Condensed Moisture will be defined in LCO. D B TS on Dry Purge Source, too prescrip- tive. D F Moisture Sources outside of scope. 3 D* B Instruments do not effect automatic and/or manual protective action. 4 D A Reference provided on lack of moisture effects during-CRD tests_ -3- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.1.1 5 D A SHUTDOWN MARGIN will be determined for "immovable" rod pair. • 6 D B Partial scram test cannot be auto- mated. 8 A A Proper cross reference made to appro- priate SR. 16 A A LCO added on "slack cable." LC03.1.2.2 12 A A NRC Markup incorporated. 13 D B STS action time not appropriate. LC03.1.3 2 D B Rods can be inserted, if not scramable; very impractical because of Rod Sequence Limits. A Action A.2 reduced to 12 hrs. B No LCO change needed. 4 D A "Verified" replaced with "Assessed." 8 D A Same as LCO 3.1.3, Comment 4. LC03.1.4.1 1 A A Words in title reordered. 3 A A Source power level enumeration clarified. 8 A A Peaking Factor Uncertainties in DF 5.3.4. 9 A A UFSAR ref. corrected. -4- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.1.4.2 3 D A SHUTDOWN MARGIN "assessment," not "verficiation." 6 D A "Assessed" replaces "verified." LC03.1.6 1 D A# ' PSC to specify criteria for determin- ing condensed moisture in hopper purge. 4 A A Included in PSC's Markup. 5 A A# PSC to add words about RSD hopper spare availability. LC03.1.7 4 A A NFSC Approval, included in PSC's markup. 10 0 A Deleted term "excess reactivity" in PSC markup; explanation added. LC03.2.1 1 D A Reference to FSV FAS deleted in PSC markup. LC03.3.1 - D B PSC explained their response. LC03.3.2.1 1 D A 2 A B See PSC response document. LC03.3.2.2 1 D A PSC markup in their response document agreed with the NRC resolution to A# make Item 2.b in Tables 3.3.2-1 and 4.3.2-1 applicable to all modes. PSC also will make Item 2.a in the same tables applicable to all modes. LC03.3.2.3 1 A A# See,PSC response document. 2 D A • -5- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.3.2.3 3 D A D* NRC to review PSC proposal . 4 A A# PSC to add "*" in CHANNEL CHECK column. D* NRC to review PSC proposal on quarterly CHANNEL CHECK. LC03.3.2.4 - A A LC03.3.2.7 1 D B See PSC response document. 2 D A# PSC to revise basis to delete post-accident monitoring system comparison. 3 D A# PSC to revise proposed wording. LC03.3.2.8 1 D A 2 D A# PSC to revise: (1) actions to indicate only one region is affected; (2) specification to reflect UFSAR wording; and (3) specification providing backup local indication. 3 D A 4 D A LC03.3.3 - A A LC03.4.1 5 D B SR-90 activity saturates, not a good index_ 6 D A Basis updated in PSC proposed markup. -6- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.4.2 2 D B Same as LC03.1.1, Comment 4. 3 D A Alarms cited in basis, see PSC proposed markup. LC03.4.3 3 D B Same as LC03.1.1, Comment 4. 4 D A Alarms cited in basis, see PSC proposed markup. LC03.5.4 2 D A 3 D* 8 Same as LC03.1.1, Comment 3. 5 D F# To be addressed in Appendix R and safe shutdown problem followup by project manager. LC03.6.1.1 2 D* 8 Same as LC03.1.1, Comment 3. 4 D B Consistent with existing TS. LC03.6.1.2 1 A A 4 D* B Same as LC03.1.1, Comment 3. 5 D* B See PSC response document. 6 A A 7 D B STS action time not applicable. LC03.6.1.3 1 D* B Same as LC03.1.1, Comment 3. 3 D B STS action time not applicable. LC03.6.1.4 1 D* B Same as LC03.1.1, Comment 3. 4 D B STS action time not applicable. • -7- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.6.1.5 1 D A 2 D A 3 D. A 4 D A LC03.6.4 1 - D A# PSC to propose actions. 2 D A# PSC to provide values. 3 D A 4 D A 5 D A 6 D A# PSC to propose change. 7 D B See PSC response document. 8 D A 9 D A LC03.6.5.1 1 D B See PSC response document. 2 D D* In addition to the PSC action on this item, NRC will investigate whether it is routine at other commercial Nuclear Power,Plants to allow cooldown even though the action statement said 'suspend all operations involving,core alter- ations or positive reactivity changes...". In particular, is • -8- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.6.5.1 2 (Continued) switching from feedwater cooldown to condensate cooldown routinely permitted under this action state- ment. D • A# PSC will provide justification specific to the LCO for the action under shutdown and refueling of "Control rod movements resulting in positive reactivity changes" versus "Any evolution resulting in positive reactivity changes". PSC also agreed to replace "or" with "and"after the word "changes," in Action b. and in other similar LCO Actions. 3 D B See PSC response document. 4 D A#, PSC will reevaluate using the existing wording in FSV TS' LC04.5.1 for Items 4.5.1a) 4 and 5. 5 D A# PSC will add a discussion on louver surveillance requirements to the basis. 6 D A# PSC to delete NRC's reference to personnel control. LC03.6.5.2 I 0 A# See PSC action for 3.6.5.1-2. D* See NRC action for 3.6.5.1-2. 2 D B . See PSC response document. • -9- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.6.5.2 3 D A 4 D B See PSC response document. 5 D B An existing FSV TS requirement. 7 D A# PSC to propose some changes. 8 D* B Same as LC03.1.1, Comment 3. 9 D C 10 0 B See PSC response document. 11 D A# PSC to verify acceptance criteria. • 12 D A# PSC to verify whether or not UFSAR specifies a value. LC03.6.5.3 1 D C 2 D A# PSC will reevaluate in 4.6.5.3.b.1 ".. Louver group opens as designed within one second..." versus "...Louver group opens fully within one second...". LC03.7.1.1 1 D B See PSC response document. 2 D A# See PSC action for 3.6.5.1-2. D* See NRC action for 3.6.5.1-2. 3 D A# PSC will add "SLRDIS" discussion on 60 minutes to get the auxiliary boiler operating. -10- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.7.1.2 1 D A# PSC will add and justify a lower setpoint on the dump tank safety valve setpoint. 2 D C 3 D A# PSC to reevaluate actions. 4 D A 5 D C 6 D A 7 D B See PSC response document. 8 D B Same as LC03.1.1, Comment 3. 9 D A LC03.7.1.3 1 A A 2 D C PSC to delete specification. D A PSC to incorporate the word "line° as proposed by NRC. LC03.7.1.4 - D A D B The words "plus gamma° will not be incorporated. This analysis is integral to the FSV Dose Equivalent analysis. D B Table proposal rot incorporated. Consistent with existing TS. -11- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.7.2 1 D C 2 D B See PSC response document. 3 D C Only for deleting functionals and calibration in 4.7.26 and 4.7.2c. 4 D B See PSC response document. 6 D A# PSC to revise UFSAR. 7 D B See PSC response document. 8 D B n 9 0 B 4 u P 10 0 B 11 D* B Same as LC03.1.1, Comment 3. LC03.7.3 1 D* C 2 D A LC03.7.4.1/ 1 D Af PSC to clarify in the basis. 3.7.4.2 2 D 8 See PSC response document. 3 D 8 H . N 4 p -B a 22 -12- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.7.5 1 D B See PSC response document. 2 D A Change to 4.6.4.5.d acceptable A# PSC to reevaluate Action b. A# PSC to delete 4.7.5.c since spool piece is now hard-piped. 3 D A LC03.7.6.1 - D B See PSC response document. LC03.7.6.2 1 D - 2 D , A 3 D A LC03.7.6.3 I D C 2 D C 3 D D* Confirm Halon bottle design acceptance to resolve surveillance problem. 4 D A# PSC to propose changes to the basis, Specification 4.7.6.3a, and Action c. LC03.7.6.4 2 D A# In Action c., PSC will insert "Whether"after "Determine° and delete "That" in the first line. LC03.7.6.5 - A A LC03.7.7 - D B See PSC response document. -13- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.7.8 1 D A# PSC to reevaluate Actions. C PSC identified a deviation from existing SR requirements and will provide justification for deviation. 2 D B See PSC response document. 3 D A 4 D A# PSC to add ACM day tank to SRs on emergency diesel. 5 D A 6 D F Project manager to include this in Appendix R review. LC03.7.9 1 D B See PSC response document. 2 D A# PSC to evaluate options proposed: (1) 72 hrs. versus 7 days. or (2) referencing backup breathing air system. 3 D D* Generic Letter 83-36/37 review. A# See PSC action for 3.6.5.1-2. 4 0 B See PSC response document. 5 D A 6 D C 7 D B See PSC response document. 8 0 8 DUSK -14- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current ' Nature of esolution LC03.7.10 1 D C For deletion of snubber list and not requiring shutdown per existing FSV TS Item 0 p.4.3-7. • 2 D A 3 D A 4 D A 5 D A 6 D C LC03.9.1 2 D A# PSC will reevaluate the wording in the applicability. 3 D A# See PSC action for 3.6.5.1-2. D* See NRC action for 3.6.5.1-2. 4 D 8 See PSC response document. 5 0 B tl n o • 6 D A# PSC to revise change. 7 D A LC03.9.2 1 0 B See PSC response document. 2 D B Y lt laN 3 D Button 4 A A • -15- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution LC03.9.2 5 D A 6 D A LC03.9.3 1 D B See PSC response document. 2 D C 3 D C 4 D B PSC provided a response. 5 D 8 Consistent with STS. 6 D B See PSC response document. 7 D 8 N a 8 D C Sec. 5.0 - A A Sec. 5.1 1 D A 2 D B Consistent with STS. 4 A A Sec. 5.3 1 D A PSC will use fixed convention consistent with word processor being used. • 2 A A 3 D AU PSC to propose change. 5 D F Criticality safety basis not in UFSAR. -16- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution Sec. 6.1 1 D B See PSC response document. 2 D B u n c n Sec. 6.2.3 - D B " "• Sec. 6.3/ 1 D D* Project manager will clarify the 6.4 applicability of the NRC March 28, 1980 letter to FSV on supplemental qualifications for licensed opera- tors. 2 D ' A 3 D A Sec. 6.5 1(6.5.1.4) D A (6.5.1.6a) D 8 See PSC response document. (6.5.1.6.e) D C (6.5.1.6.h) D A (6.5.1.5.1) D A (6.5.1.6.j) D B See PSC response document. (6.5.1.7.b) D Aa PSC will evaluate if their Modus Operandi permits adding "...prior to their implementation" to the end of the existing paragraph. (6.5.1.7.d) D A (6.5.1.8) D A -17- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prior Current Nature of Resolution Sec. 6.5 (6.5.2.3) D A# PSC will reevaluate if they want • to continue to propose the words in their response document presented at the meeting. (6.5.2.10.a) D B See PSC response document. (6.5.2.10.b) D B " U U (6.5.2.10.c) D A Item 1 D A# PSC will evaluate adding this to 6.5.1.6 under PORC responsibility. 2 D B See PSC response document. Sec. 6.8 - D A Sec. 6.9 1(6.9.1) D A (6.9.1.1.b) D B .See PSC response document. (6.9.1.2.a) D A (6.9.1.3) D A 2 D C NRC recommended PSC retain RETS as is. 3 D B See PSC response document. 4 D C NRC recommended PSC retain RETS as is. 5 D A 6 D A -18- NRC COMMENT RESOLUTION - FSV FINAL DRAFT TECHNICAL SPECIFICATIONS Tech. NRC Categorization Spec. Comment Prir. Current Nature of Resolution Sec. 6.10 1 D A 2 D F Sec. 6.12 - D Al PSC did not resolve all deviations from the STS Rev. 5, p. 6-23, 6.12.1. PSC should resolve all the deviations not just the one at the beginning of the sentence. Sec. 6.17 - D B See PSC response document. • `�,``Ep,R REQ4�jOv UNITED STATES o NUCLEAR REGULATORY COMMISSION `" i WASHINGTON,D.6.20555 o Tat Ctirra "� N� December 17, 1g86Irri; ^, Docket No. 50-267DEC 2 91986 � I { Mr. R. 0. Williams, Jr, Vice President, Nuclear Operations Public Service Company of Colorado P. O. Box 840 Denver, Colorado 80201-0840 Dear Mr. Williams: SUBJECT: PREVENTIVE MAINTENANCE PROGRAM FOR CONTROL ROD DRIVE AND ORIFICING ASSEMBLIES AT FORT ST. VRAIN We have reviewed your submittals dated February 3 and September 19, 1986 (P-86078 and P-86547) concerning your preventive maintenance program for the control rod drive and orificing assemblies (CRDOAs) at the Fort St. Vrain Nuclear Generating Station. We conclude that the proposed program represents a well-planned and comprehensive approach to monitoring the operational status of the CRDOAs. Therefore, we find your proposed program acceptable. Our Safety Evaluation is enclosed. Sincerely, Kenneth L. Meitner, Project Manager Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation Enclosure: As stated cc w/enclosure See next page • Mr. R. 0. Williams Public Service Company of Colorado Fort St. Vrain cc: Mr. D. W. Warembourg, Manager Albert J. Hazie, Director Nuclear Engineering Division Radiation Control Division Public Service Company Department of Health of Colorado 4210 East 11th Avenue P. 0. Box 840 Denver, Colorado 80220 Denver, Colorado 80201 Mr. David Alberstein, 14/159A Mr. J. W. Gahm, Manager GA Technologies, Inc. Nuclear Production Division Post Office Box 85608 Public Service Company of Colorado San Diego, California 92138 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 • Mr. H. L. Brey, Manager Nuclear Licensing and Fuel Division Mr. P. F. Tomlinson, Manager Public Service Company of Colorado Quality Assurance Division P. O. Box 840 Public Service Company of Colorado Denver, Colorado 80201 16805 Weld County Road 19-1/2 Platteville, Colorado 80651 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. R. F. Walker P. O.Box 840 Public Service Company of Colorado Platteville, Colorado 80651 Post Office Box 840 Kelley, Stansfield & O'Donnell Denver, Colorado 92138 Public Service Company Building Commitment Control Program Room 900 Coordinator 550 15th Street Public Service Company of Colorado Denver, Colorado 80202 2420 W. 26th Ave. Suite 100-D Regional Administrator, Region IV Denver, Colorado 80211 - U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Chairman, Board of County Commissioners of Weld County, Colorado • Greeley, Colorado 80631 • Regional Representative Radiation Programs Environmental Protection Agency 1 Denver Place 999 '18th Street, Suite 1300 Denver, Colorado 80202-2413 EpP REG°, 0.6 UNITED STATES Ss• f g NUCLEAR REGULATORY COMMISSION WASHINGTON,D.C 20555 GYy' y 4 Enclosure SAFETY EVALUATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO PREDICTIVE AND PREVENTIVE MAINTENANCE PROGRAM FOR CONTROL ROD DRIVE AND ORIFICING ASSEMBLIES PUBLIC SERVICE COMPANY OF COLORADO FORT ST. VRAIN NUCLEAR GENERATING STATION DOCKET NO. 50-267 1.0 INTRODUCTION By letters dated February 3 and September 19, 1986, Public Service Company of Colorado (the licensee) provided a description of the final version of their proposed revised predictive and preventive maintenance program for the Control Rod Drive and Orificing Assemblies (CRDOA) for the Fort St. Vrain Nuclear Generating Station. The main CRDOA safety function fs to assure proper insertion of the control rods for reactor shutdown. The objective of the program is to improve the reliability and safe operation of the CRDOA. It is based on the maintenance and failure history of the CRDOA and on the experience gained from the CRDOA Refurbishment Program which was completed in June of 1985. The predictive and preventive maintenance program includes the performance of inspection and maintenance operations on the major components of the CRDOA. These activities will be performed in addition to the activities specified in the Technical Specifications for the plant. The licensee outlined in the submittals the inspections to be accomplished and the criteria to be met in performing the preventive maintenance operations. The staff has reviewed the proposed program for its adequacy toward achieving safe and reliable operation of the CRDOA. The staff's evaluation was limited, however, to determining if the nature of the inspections and the level of preventive maintenance operations were adequate. It did not include a detailed review of individual procedures for which considerably more background information would be required. 2.0 EVALUATION The revised predictive and preventive maintenance program for the CRDOA consists of two parts: predictive maintenance procedures and preventive maintenance activities. In the predictive maintenance part of the program, data about the status of the CRDOA are collected. These data come 2 from the surveillance tests specified in Interim Technical Specifications 3/4.1.I, 3/4.1.2 and 3/4.1.3, and from other tests specifically designed to obtain performance parameters. The information obtained from the predictive maintenance parts of the program is used subsequently to determine the scope of required preventive maintenance activities. If a high degree of degradation is observed, then a complete refurbishment of the CRD0A is performed. In the February 3 and September 19, 1986 submittals, the licensee discusses the modifications made to the program and provides justification for them. In the predictive part of the program, the licensee discussed only the newly proposed tests. The tests specified in the Interim Technical Specifications were not discussed because they were previously reviewed and approved by the staff. The newly proposed predictive maintenance tests are measurements of wattage, back-EMF voltages and torques in the shim motor/brake assembly and gear train. The licensee concluded that shim motor wattage testing was a viable method for trending control rod drive performance. Collection of data on a routine basis for steady state conditions on standard control rod movements e to establish l malfunctions couldbereviewedagainstthis baselinecperformance.due to Similarly, back-EMF voltage tests would be a useful tool to measure motor performance once the test procedure is fully developed. Measurement of the torque delivered at the motor rotor and the motor/brake assembly is an additional important parameter in determining the overall control rod drive performance. The staff reviewed the descriptions of these tests provided in the submittals and determined that they represent a comprehensive approach to monitoring the operational status of normally inaccessible electro/mechanical components. The licensee specified numerous maintenance activities required to be performed based on the results from the predictive maintenance portion of the program. Under normal circumstances the maintenance activities will be performed at prescribed times. Should a significant degradation of some components occur prior to the scheduled time, preventive maintenance operations will be performed during the next refueling cycle. The preventive maintenance activities can be classified into three categories; inspection, maintenance, operations and replacement. The licensee identified the following inspection activities: visual inspection, sample analysis (e.g., wipe samples), torque determination for motors, back-EMF measurement and insulation testing of motor acid brake windings. Since the purpose of inspection activities is to determine if a given component can perform its design function, all inspections should be performed relative to some acceptance criteria. These criteria were described by the licensee in the September 19, 1986 submittal. - 3 - Maintenance operations for different components, as described by the licensee, are limited to cleaning and lubrication. This is a relatively straightforward procedure and is clearly specified by the licensee. Replacement of components is implemented either when they reach the end of their design life, or when inspections indicate a need for their replacement because of the degree of their deterioration. In the later case, the decision to replace is based on specific criteria. The preventive maintenance activities specified by the licensee include all the major components of the CRDOA. 3.0 CONCLUSIONS Based on the considerations discussed above, the staff concludes that the proposed CRDOA predictive and preventive maintenance program provides a comprehensive approach to monitoring and maintaining the operational status of usually inaccessible electro-mechanical components in order to ensure their reliability. This conclusion is based on the licensee's proposed program for CRDOA status monitoring and trending during operation, and component inspection and replacement during plant outages. The staff further concludes that once the program is implemented, the licensee will have an effective method for monitoring the operational condition of the CRDOAs. This program will also identify potential malfunctions in sufficient time to preclude an adverse impact on the CRDOA safety function. The staff, therefore, finds the proposed program to be acceptable. Principal Contributor: K. Parczewski, PEICSB Dated: December 17, 1986 JOHN HOYMAN , P.C. December 29, 1986 INJURY COMPENSATION CENTER OF COLORADO ATTORNEYS HIS ELEVENTH AVENUE,OREELEY,COLQRADO 80631 ..• ,JOHfadlCY.MnK TELEPHONEP3O3.35'e'55,5''DENVER:3O3-S2S-5OIO CHIP MONK Weld County Commissioners 915 10th Street • Box 758 Greeley, CO 80632 RE: Notice Pursuant to C.R. S. 24-10-109 This letter will constitute notice pursuant to C. R. S. (1973) 24-10-109 regarding the injury described below_ The name and addresses of the claimants are: Dr. and Mrs. P. A. DiLorenzo 8026 Parfet Way Arvada, CO 80005 Dr. and Mrs. Hugh Kregor 8090 Oak Arvada, CO 80005 Dr. and Mrs. Charles Sutton 903 Lawrenfe Drive a Duncansville, PA 16635 Dr. Frank LaConte 7200 Quivas Denver, CO 80221 • Dr. Robert Simon 5630 Ward Road Arvada, CO 80004 represented by counsel, John Hoyman, P. C. The property is owned by a partnership known as D. O. M. Farms. This claim involves injury to the claimant 's property located at 19607 WCR 18, Ft. Lupton, Colorado 80621. The claimants discovered the injury on or about August 2. 1986 when they sustained serious damage to an alfalfa crop planted on the premises located at 19607 WCR 18, Ft. Lupton, Colorado as a direct and proximate result of the acts and omissions of Weld County and/or its employees and agents with regard to the installation of a culvert under Weld County Road 18 approximately one third of a mile vest of Weld County Road 41. Upon claimants' information and belief, such culvert was installed during the spring or summer of 1986. CL/✓/ e n „. ad mil t2-3t-vo Weld County Commissioners Page Two December 29, 1986 The claimants sustained a substantial loss in their alfalfa 'harvest, together-'with ;anticipated loss for-the 1987 ,crop, together with the cost of restoral and the labor involved therein- The claimants do not know the name and address of any public employee involved. The claimants have suffered monetary damages in the amount of $16,000. 00 together with any cost incurred in collecting such amount_ This notice is given .by claimants, through counsel, by certified mail, return receipt requested to the Weld County Commissioners. Sincerely, Chip Mon CM/cen cc: Dr. and Mrs. P. A. DiLorenzo 8026 Parfet Way Arvada, CO 80005 Dr. and Mrs. Hugh Aregor 8090 Oak Arvada, CO 80005 Dr. and Mrs. Charles Sutton 903 Laurence Drive Duncansville, PA 16635 Dr. Frank LaConte 7200 Buivas Denver, CO 80221 Dr. Robert Simon 5630 Ward Road Arvada, CO 80000 Weld County Attorney 915 10th Street P.O. Box 1948 Greeley, CO 80632 BOARD OF ASSESSMENT APPEALS p7,7, - , STATE OF COLORADO 4-- Docket Number 5771 : ` 7.77-71 FIPP if 3 01986ff FINDINGS AND ORDER fix. co-' e, T. C. STANDEN. JR. , Petitioner, vs. WELD COUNTY BOARD OF EQUALIZATION, Respondent. THIS MATTER coming on to be heard before the Board of Assessment Appeals on December 3 and 16, 1986, with Joy C. Carpenter, James T. McDowell, and Elmer A. Johnson being in attendance and having received evidence and heard statements of counsel, and being fully advised in the premises, THE BOARD OF ASSESSMENT APPEALS FINDS: 1. This matter has been properly brought before this Board on the petition of Petitioner. 2. Proper notice has been given to all parties concerned. 3. Petitioner appeared pro se. 4. Respondent was represented by Thomas 0. David, Esq. 5. Subject property is described as follows: E140' LI & E140' OF N8' L2 BLK156, SEAMAN & CRANFORD, LOCATED AT 1403 11TH AVENUE, GREELEY, COLORADO (Weld County Schedule GR 5647) 1 FINDINGS: Dr. T. C. Stander, Jr., testified that he purchased the subject property in 1980. He stated that he lives on the property, has his office there, and rents out an apartment. In 1986, the Weld County Assessor reassessed the property as part commercial and part residential. The Petitioner compared the subject property to properties that are assessed as residential. Mr. David Scheidmeir, Weld County Commercial Appraiser, testified that in 1984, Weld County failed the state audit and was ordered by the State Board of Equalization to do a complete reappraisal of the commercial properties within the county. In Mr. Scheldmeir's field investigation of the subject property, he found that a business advertising sign was in the front yard and the front door was open for business. The appraiser determined that one-half of the subject property was used for residential purposes, and one-half was used as commercial; and should thereby be assessed accordingly. Further, Mr. Scheldmeier found that comparable properties in the area showed a land value of $3.35 per square foot. CONCLUSIONS: The Board determined from the evidence and testimony presented that the Respondent complied with CRS 39-1-103(9)(a) in determining the actual value of the subject property. Further, the Board determined that the Respondent was fair in appraising one-half of the property as commercial, assessed at 29% of actual value; and one-half as residential, assessed at 21% of actual value. By unanimous vote, the Board affirmed the action of the Respondent. ORDER: The petition is denied. #5771 2 DATED this 17th day of December, 1986. BOARD OF ASSESSMENT APPEALS Carpenter Chairman J mes T. McDowe 1 E er A. John hereby certify that this(S 8 tree and correct copy of the,decisiot of The rd of Asse m tAp id& a�r� wt % #5771 3 BOARD OF ASSESSMENT APPEALS STATE OF COLORADO i \� ` ' Docket Number 5722 14 tr1 �..S 0 :tS�. ,;J c� fir. coL.a. FINDINGS AND ORDER T. E. FENNO and M. L. FENNO d/b/a TOM FENNO PRODUCTION, Petitioners, vs. WELD COUNTY BOARD OF EQUALIZATION, Respondent. THIS MATTER coming on to be heard before the Board of Assessment Appeals on December 3 and 16, 1986, with Joy C. Carpenter, James T. McDowell and Elmer A. Johnson being in attendance and having received evidence and heard statements of counsel, and being fully advised in the premises, THE BOARD OF ASSESSMENT APPEALS FINDS: 1. This matter has been properly brought before this Board on the petition of Petitioners. 2. Proper notice has been given to all parties concerned. 3. Petitioners appeared pro se. 4. Respondent was represented by Thomas 0. David, Esq. 5. Subject property is described as follows: EQUIPMENT ON CARROLL #1-30 LEASE, SE1/4NW1/4 30-4-68 (Weld County Schedule Number 6718, Number 51311 ) 1 ee CA aa., tad r^T9 rc-31a4 FINDINGS: Mrs. Martha L. Fenno contended that she is protesting the valuation of the equipment only on the Carroll lease. The 1985 net income on this lease was $420.56. She predicted that the net income for 1986 would be less. However, she was not asking for a change in valuation due to the oil industry's economic problems. Mrs. Fenno contended that the valuation of the subject property is unfair since the valuation is not based on any standards of actual cost. Petitioners' Exhibit C shows that the Petitioners paid $40,000.00 for the lease and equipment on January 1 , 1984; $20,000.00 for the lease and $20,000.00 for the equipment. Petitioners' Exhibit E is a corrected Notice of Valuation, showing the 1986 assessed value to be $12,520.00, indicating an actual value of $43,172.00. Petitioners' Exhibit B is R. Ray Schramm's opinion, of H-S Testing, Inc., that a realistic replacement value of the subject equipment is $34,110.00. Mrs. Fenno contended that the Weld County Assessor values property by using a 1977 level of value, which she felt was an outdated method of valuing property. Mrs. Fenno discussed recent sales and prices for oil. Mrs. Fenno contended that the 1986 actual value of the subject property should be placed at the 1984 purchase price, with an assessed value of $5 , 800.00. She expressed the difficulty in complying with the rules and deadlines of Weld County. Ms. Vera Hoff of the Weld County Assessor's Office, stated that she handled oil and gas assessments, and is familiar with the subject property. She stated that the 1986 actual value was based on the previous equipment that the Weld County Assessor's Office had on file. She valued the property by deriving a 1977 cost, and then factored the cost according to the property's state, and depreciated it by its age. CONCLUSIONS: The Board determined that the Petitioner provided insufficient probative evidence or testimony to prove that the Weld County Assessor had not valued the subject property in accordance with the applicable manuals and guidelines. #5722 2 Further, the Board determined from the evidence and testimony presented that the Weld County Assessor had properly valued the subject property at a 1977 level of value by using the applicable statutes and Division of Property Taxation manuals and guidelines. By unanimous vote, the Board affirmed the action of the Respondent. ORDER: The petition is denied. DATED this 17th day of December, 1986. BOARD OF ASSESSMENT APPEALS Jo�//G.or tee rpenter, rairman c2.V..-tre-FP ,dame T. mcDom 11 / r A. Joh n I hereby Certify that this is a true and Correct 'coy of the decision of The rd of Ass Appeals. � 4a.tn In�)&Mkt :4I,�ifg. #5722 3 LARRY BtJRKHARDT MAYOR LONGMONT (303)776.6050 December 19, 1986 Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 Dear Commissioners: We appreciated the opportunity to provide input throughout your process of updating the Weld County Comprehensive Plan. Although it is late in that process, recent developments have caused us to raise another specific concern regarding one aspect of your new plan. As you may be aware, the City has very recently contracted to purchase Union Reservoir to help meet our future water needs. The land use plan that is proposed for the 1-25 mixed-use area shows residential land uses below the reservoir dam. These areas, south of the reservoir, included land designated for medium density residential and mobile homes. The City is very concerned about any residential development below the dam for several reasons. Residential development would change the rating of the dam to high hazard status, which would greatly increase the standards of maintenance. It could also increase the liability of the owners of the dam, the developers, and the County. Perhaps most importantly, however, is that residential development as envisioned would put many lives at risk. For these reasons, we strongly urge Weld County to keep the land uses in this high hazard area agricultural or, at the very least, indicate in your plan what the implications are for anyone desiring to develop in that area. As always, we would be happy to work with you on this issue, and please do not hesitate to contact us if you have any questions. Sincerely, Larry Burkhardt Mayor gp --11/42,41 l2¢�-4, -eez -79/."74 -Sf-w -Inn-1 CIVIC CENTER COMPLEX 3RD& KIMBARK LONGMONT,COLORADO 30501 CG. SD nrrG gio . n 8 < AO MARY F sCOR. at OFFICE OF WELD COUNTY CLERK AND RECORDER s DE?ARTMENT OF CLERK TO BOARD; 422 CPHONE (303)356-4000 EXT P.O. 6OX669 GREELEY,COLORADO 80631 COLORADO February 6, 1987 Attached is a letter which was received in our office from Larry Burkhardt, Mayor for the City of Longmont, dated December 19, 1986, concerning the purchase of Union Reservoir to meet future water needs of the City of Longmont. Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Board 6 D putt' County er RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 31, 1986 TAPE #86-82 & #86-83 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the law and bylaws of said Board at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, December 31, 1986, at the hour of 9:00 A.M. ROLL CALL: The meeting was called to order by the Chairman and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner - Excused Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Weld County Attorney, Thomas O. David Acting Clerk to the Board, Mary Reiff MINUTES: Commissioner Lacy moved to approve the minutes of the Board of County Commissioners meeting of December 29, 1986, as printed. Commissioner Kirby seconded the motion and it carried unanimously. CERTIFICATIONS OF HEARINGS: Commissioner Kirby moved to approve the Certification for the hearing conducted on December 29, 1986: 1) Increased Land-Use Application fses. Commissioner Lacy seconded the motion and it carried unanimously. ADDITIONS: Chairman Johnson added as Item #9 under New Business - Consider establishment of Sheriff's Commissary Fund; and Item #1 under Planning - Minor Subdivision - Kahn & Waterford Ranch Company. CONSENT AGENDA: Commissioner Lacy moved to approve the consent agenda as printed. Commissioner Rirby seconded the motion and it carried unanimously. WARRANTS: Claud Hanes presented the following warrants for approval by the Board: General fund $ 34,438.02 Social Services 513,696.90 Commissioner Lacy moved to approve the warrants as presented by Mr. Hanes. Commissioner Kirby seconded the motion which carried unanimously. BIDS: PRESENT AERIAL MAPPING - ASSESSOR'S OFFICE: Bette Rhoden, Purchasing Director, said these bids will be considered for approval on January 14, 1987. She read the names of bidders and bid amounts, which were based upon estimates quantities, into the record. BUSINESS: NEW: CONSIDER AGREEMENT BETWEEN HOUSING AUTHORITY AND DEPT. OF SOCIAL SERVICES AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, of the Housing Authority, came forward to explain the two major changes in this Agreement which provides office space for the Housing Authority and the sharing of an employee. (Tape Change #86-83) Commissioner Kirby moved to approve said Agreement and authorize the Chairman to sign. Commissioner Lacy seconded the motion and it carried unanimously. CONSIDER VISION CARE CONTRACT WITH WC ASSOCIATION OF OPTOMETRISTS AND OPHTHALMOLOGISTS AND AUTHORIZE CHAIRMAN TO SIGN: Tom David, County Attorney, said this Contract has been checked by his office and was found to be in order. Commissioner Kirby moved to approve this Vision Care Contract and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. CONSIDER DENTAL CARE CONTRACT WITH WC DENTAL SOCIETY AND AUTHORIZE CHAIRMAN TO SIGN: Commissioner Kirby moved to approve the Dental Care Contract and authorize the Chairman to sign. Seconded by Commissioner Lacy, the motion carried unanimously. CONSIDER LETTER OF UNDERSTANDING WITH MANAGEMENT ADVISORS, INC. CONCERNING SHERIFF'S DEPT. AUDIT AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David advised the Board that this request complies with the audit powers of the.County Council; therefore, Commissioner Lacy moved to approve the Letter of Understanding with Management Advisors, Inc. concerning a performance audit of the Sheriff's Department and authorize the Chairman to sign. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER REQUEST FOR INSTALLATION OF TRAFFIC CONTROL DEVICES AT INTERSECTION OF WCR 6 & WCR 59: Commissioner Lacy explained that several requests have been received for the installation of stop signs at the intersection of Weld County Roads 6 & 59, and the Road and Bridge Department has recommended that they be installed. Commissioner Lacy moved to approve the installation of traffic control devices at the intersection of Weld County Roads 6 & 59 as recommended. The motion was seconded by Commissioner Kirby and carried unanimously. CONSIDER DIVISION ORDER FROM PERMIAN CORPORATION ON NW}SEl, SI2, T5N, R65W AND AUTHORIZE CHAIRMAN TO SIGN: Mr. David said his office has reviewed this Division Order and found it to be in order. Commissioner Lacy moved to approve the Division Order from Permian Corporation and authorize the Chairman to sign. Commissioner Kirby seconded the motion and it carried unanimously. CONSIDER AGREEMENT FOR LEASE OF PREMISES FOR HIGHWAY PURPOSES WITH UNION PACIFIC RAILROAD COMPANY AND AUTHORIZE CHAIRMAN TO SIGN: Bruce Barker, Assistant County Attorney, explained that this 25-year lease is for right-of-way in the Wildcat area. Commissioner Lacy moved to approve said lease with Union Pacific Railroad Company and authorize the Chairman to sign. Seconded by Commissioner Kirby, the motion carried unanimously. CONSIDER REVISION TO DISLOCATED FARMER/RANCHER PROGRAM AND AUTHORIZE CHAIRMAN TO SIGN: Linda Perez, of Human Resources, explained the revisions which are being made to this program. Commissioner Kirby moved to approve the revision to the Dislocated Farmer/Rancher Program and authorize the Chairman to sign. The motion was seconded by Commissioner Lacy and carried unanimously. Minutes - December 31, 1986 Page 2 • CONSIDER ESTABLISHMENT OF SHERIFF'S COMMISSARY FUND: Mr. Hanes explained that the Sheriff's Commissary Fund has been handled by the Sheriff's Department, but those funds are now being transferred to the Treasurer's Office, and such funds must be established by action of the Board. Commissioner Lacy moved to approve the establishment of the Sheriff's Commissary Fund. Commissioner Kirby seconded the motion and it carried unanimously. PLANNING: MINOR SUBDIVISION - KAHN & WATERFORD RANCH COMPANY: Keith Schuett, of the Planning Department, read the favorable recommendation of the Planning Commission into the record. Ken Dell came forward to represent the applicants and stated that they have no objection to the four Conditions recommended. Commissioner Kirby moved to approve the Minor Subdivision requested by Milton L. and Edwin S. Kahn and Waterford Ranch Company, subject to the recommendation of the P coming Commission. The motion was seconded by Commissioner Yamaguchi and carried unanimously. At this time, Commissioner Lacy commented that it has been a pleasure working with Commissioner Johnson as Chairman of the Board during the past two years and commended her for a job well done. RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the consent agenda. There were no Ordinances. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There .being no further business, this meeting was adjourned at 9:25 A.M. -.- _ •• APPROVED: ATTEST: ;ealiultari BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder \ ;, \.m�a•.• and Clerk to the Boar Ja que'!. �� • • - J Deputy County rk `9 "; �..-Tem EXCUSED Gene R. Brantner CC�y Fra 'Y Minutes -- December 31, 1986 Page 3 CI a H Cal X 0 C .-6 0 I- m Q,• M 0 G] H Da 03 r m o , z o m a c c m 'v c m m �° m O A m C r `G n Pi Cr 7 O z M O rt OCO F+- O K C O y C N 9 n F-' ? C K 'd m V\ O C) Pt Cr K R rt 't K PC F'` Al co M O K I A co K r lD co Cr, • --.4 b V V V N CO O N V Cr, O O V ON CO ^ CO V .O•. ON to to CN 1::: V V V• O CO V. 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Z Mta - - - - - - oz pp O H N rr'' ,‘,9•)N.U% e '� v \ \� Q 9J v W9, o O mit p "o p PI N o C d o p N hl J t�J H flUtflUflMiflrc . - + o c �` tti �Qy1;019.4:71yr exi 0 at,*eat,*Z i N L b .• R Nu .., ti z , hl Z• Nti • o aF NN N � S rn o . ::\.) l'a:s.'" , -- ra tIIk ftn 5 g' a c' ,...... , . .. ._eN-...--..._ 1/44z..-<- ()\ %. j Oe .r m c W C.A o v` B z r ra ta x rn o ed x d I cn i-sr_n rn o zo z m 0 .„.-P o y .o 2,, K a o d n O 0 N.0 0 o b N. z } o c! 0 a o C a C Ca al1-4 VI 0 z v • V i yr vcU -C W 1 ] BEFO-;2E THE COUNTY COMMISSIONERS 2 WELD COUNTY, COLORADO 3 Docket No. 85-68 4 5 IN RE: PHASE ONE OF SHOW CAUSE HEARING FOR RENEWAL APPLICATION 6 FOR A TAVERN LICENSE, WITH EXTENDED HOURS, FOR THE SALE OF 7 MALT, VINOUS, AND SPIRITUOUS LIQUORS FOR CONSUMPTION ON THE 8 PREMISES ONLY, ISSUED TO ERNIE LLAMAS, D/B/A ERI?IE'S BAR. 9 September 25, 1985 10 11 COMMISSIONERS PRESENT: 12 Jacqueline Johnson, Chairman 13 Gene R. Brantner C.W. Kirby 14 Gordon E. Lacy Frank Yamaguchi 15 16 APPEARANCES 17 Dan Michaels: Appearing for Applicant. 18 Mike Brown: Deputy District Attorney.. 19 Lee Morrison: Assistant Weld County Attorney. 20 21 22 23 24 P5 1 _ • 1 CHAIRMAN JOHNSON: We will reconvene this hearing and 2 move to Docket Number 85-68, Mr. Morrison. 3 MR. MORRISON: Madam Chairman, Hearing Docket Number 4 85-68 is the application for tavern license renewal for 5 Ernie Llamas, doing business as Ernie's Bar. 6 Previously this matter had been continued from 7 September 18th, at Mr. Llamas' request with the consent of the 8 petitioner in this matter. And, this is on a full hearing 9 following a finding of probable cause not to renew the liquor 10 license held by Mr. Llamas. 11 The proceedings, if I may Madam Chairman, are under the 12 Colorado Liquor Code, Ordinance Number 102-A of Weld County, 13 and then the administrative policies of Weld County. Ordinance 14 Number 102-A, provides for a two-tierd hearing in the event 15 there is a hearing for refusal to renew a liquor license_ 16 The first tier is to determine,'.within four categories, 17 whether violations exist which justify not renewing the license. 18 j Should the Board find that the evidence is sufficient on any 19 of those four, then there would be a second phase of the 20 hearing which deals with mitigating or aggravating effects of 21 those violations, to aid the Board in determining the nature 22 of the action, or in effect , the punishment to be provided. 23 The probable cause hearing this Board has previously held 24 has set the terms for consideration of Phase One. And , that is, 25 are there grounds to refuse to renew. And, these are the L. . 1 allegations, as such, that you need to consider: That, there 2 have been violations in the last one year period by Mr. Llamas , 3 or any of the agents , servants, or employees of Mr. Llamas 4 with the following provisions of the Colorado Liquor Code and 5 the rules and regulations authorized pursuant to it. And, 6 these are contained in your Resolution of Finding of Probable 7 Cause, which is dated the 26th of August , 1985. It should be 8 in your packet. 9 A) Serving malt, vinous, or spirituous liquor to persons 10 under the age of twenty-one years. Whidi-is a violation of 11 section 12-47-128 (1 ) (a) , Colorado Revised Statutes. 12 B) Serving malt , vinous, or ,spirituous liquor to a 13 visibly intoxicated person. A violation of Section • 14 12-47-128 ( 1) (a) . 15 C) Failing to conduct his licensed premises in a decent, 16 orderly and respectable manner; permitting on his licensed 17 premises the serving of apparently intoxicated persons ; and, 18 permitting profanity, rowdiness, undue noise, or other 19 disturbances or activities offensive to the senses of the 20 average citizen, or to the residents of the neighborhood in 21 which the licensed establishment is located . 22 Second item, other than the violations of the Liquor Code, 23 is tine_ standard of the allegation that there is evidence 24 showing excessive noise, rowdiness, or disturbances or a 25 , continuous basis in the immediate area of the licensed premises. • 3. • 1 So, those are the issues which the Board found probable 2 cause to hear and should be addressed in Phase One of this hearing. 4 CHAIRMAN JOHNSON: Thank you, Lee. Are there any questions to Lee with regard to the g process that we' re involved 6 in here? COMMISSIONER BRANTNER: You referred to punishment. 8 Would you explain that a little bit further? 9 MR. MORRISON: Well, that would be dealt with 10 after -- in Phase Two. 11 COMMISSIONER BRANTNER: But , we do Phase Two today? 12 MR. MORRISON: It depends on what you find and it 13 depends on the time. But , the goal is first to find if there • 14 are grounds to not renew, but then to determine if there are 15 mitigating , that is an excuse for this happening, or if there 16 are aggravating circumstances, that is, that make it worse. 17 The parties may or may not decide to present evidence 18 on those issues after you' ve heard the case in chief. But, 19 I think we can deal with that further, once you get to that 20 phase, if it ' s necessary. 21 CHAIRMAN JOHNSON: All right. I understand that 22 the applicant is represented by counsel today. 23 MR. MICHAELS: Yes. 24 CHAIRMAN JOHNSON: I just want to make sure that I'm 25 correct . Give us your name, please. 4. • 1 MR. MICHAELS: By way of introduction, .I'm 2 Dan Michaels, of Fry , Locke, and Michaels,. P. C. , of Fort Collins, 3 I represent Mr. Llamas. 4 CHAIRMAN JOHNSON: Thank you, Mr . Michaels. And 5 Mr. Brown, is from the District Attorney's Office. 6 MR. BROWN: That ' s correct . 7 CHAIRMAN JOHNSON: We ' ll begin -by asking you, 8 Mr. Brown , to make an opening statement, if you would, please. 9 MR. BROWN: There's not a whole lot left for me to 10 say with regard to what you:' re here for. I believe the County 11 Attorney has outlined that for you. 12 I' ll simply run through the procedure of the witnesses 13 that I believe we'll call to present testimony today on the • 14 various aspects or the charges of the violations that have been 15 alleged , and which we maintain should be considered violations 16 ; and dealt with , by the County Commissioners. 17 The witnesses that will be called will be: Dave Sauter,-` 18 of the State Liquor Board. He has prepared a summary of the 19 offenses that have been involved. He also is acquainted with 20 the history of Ernie' s Tavern and can acquaint the Board with 21 that . He, additionally, can give us background on the Liquor 22 Code. He can draw some comparisons, hopefully, between this 23 particular tavern and other taverns in the area around, and 24 incidents that have occurred and kind of relate those to each 25 other, so that the Board has an idea: Is this the same as • 1 other taverns, is it worse than other taverns? Where does the 2 conduct that ' s occurring here fall within the range of taverns 3 that are available here in the county and other counties within 4 the state. 5 We' ll also be calling Lieutenant Hayward, who is with the 6 Weld County Sheriff' s Office and he -- the Weld County Sheriff' s 7 Office has the duty of patrolling the area that 's involved 8 around Ernie 's Tavern and has the responsibility of responding 9 to any kind of criminal calls, complaints, that come in out 10 of that area and he will be called to deal with some of the 11 investigations and complaints that the Sheriff' s Office had 12 been involved with. 13 Ed. Herring, who is also a deputy for the Weld County ,. 14 Sheriff ' s Department , has gone through and compiled a list of 15 cases or calls that in some way have been related to Ernie's 16 Tavern. And , he will go through and kind of summarize those, 17 and he has summarized those. 18 He also has gone through, at the request of Mr. Sauter I 19 believe, and talked to the residents around the Tavern there in 20 East Eaton. And talked to them and discussed with them how 21 they feel about the bar. Problems that they feel there may be 22 with the bar and some other matters. 23 There are several other people that are here. 24 Paul Halloran, who is acquainted with the community and 25 acquainted with some of the other --some of the members • 6. 1 involved, in both the ownership of the building and other 2 matters. He has talked to some of the members in the community 3 about their feelings out there. 4 Also, with him is Ms. Martinez, who for a period of about 5 six years preceeding the most recent serious criminal episodes 6 that have occurred out at Ernie' s; has been involved with the 7 Catholic Church there in the taachYng capacity. She lives in 8 West Eaton, but she had been involved with the Catholic Church 9 and had taught Sunday School and had gone over there and had 10 been acquainted with the area and has witnessed what has 11 occurred in the area during the last year. 12 Briefly, I think that will be the evidence and the evidence 13 will be presented to you to show that these various violations • 14 have occurred, which the County Attorney has read to you. 15 CHAIRMAN JOHNSON: Mr. Michaels, do you want to make 16 an opening statement , at this time? 17 MR. MICHAELS: Yes, I would . Thank you members of 18 the Board. I will be brief. Basically, what we will show as 79 to the first tier that Mr. Morrison explained , is we' d like 20 the Board to take a real hard look at exactly what is the 21 involvement of Ernie's Bar in any particular incident or 22 allegation. 23 We' re not here to try=aad whitewash everything. Admittedly, 24 there' ve been some problems with the bar. We'd like the Board 25 to also consider the basic neighborhood that the bar is located 7. 1 in and take that into consideration. As to what exactly 2 occurs in the neighborhood and what is directly related to 3 Ernie' s Bar . 4 As to the second tier. We are basically here to show the 5 Board as to what should be done as a result of their findings, 6 if indeed they find that violations have occurred, and as to 7 that , Mr. Llamas is here to testify. We will show the Board 8 that he is a genuinely s_Incere proprietor that is interested in 9 taking corrective measures to alleviate any problems. That 10 he has indeed taken some positive steps and is cooperating with 11 law enforcement officials. Has his own internal employee 12 policies and has a security staff now in place. 13 ,That will, we hope, persuade the Board that if indeed they • 14 do find violations, which we concede there have been a few of, 15 that indeed a proper sanction for Mr. Llamas at this point in 16 time would not be to refuse to renew his liquor license. 17 Thank you, very much. 18 CHAIRMAN JOHNSON: Thank you, Mr . Michaels. 19 Mr. Brown, we' ll begin by allowing you to call your 20 witnessess. 21 MR. BROWN: For my first witness , I will call 22 Dave Sauter. 23 DAVE SAUTER, 24 having been duly sworn, testified as follows: 25 S • 1 DIRECT EXAMINATION 2 BY MR. BROWN: 3 Q. State your name please, sir. 4 A. David R. Sauter. 5 Q. How are you employed? 6 A. Investigator with the State Liquor Board. 7 Q. In that capacity, are you charged with making bar 8 checks and doing that sort of stop in work for the Liquor 9 Board? 10 A. Yes. My responsibilities include: Investigations 11 of criminal offenses, licensing investigations, financial 12 investigations, the whole gamit . • 13 Q. As a part of that responsibility , would Eaton or East • 14 I Eaton fall within your realm of responsibilities? 15 A. Yes, sir. 16 Q. Did you have an occasion to do an investigation 17 concerning Ernie 's in East Eaton? 18 A. Yes, I did . 19 Q. Who' s the proprietor, or owner, or operator of that 20 particular establishment? 21 A. Ernie Llamas-i_s the licensed operator. 22 Q. Do you know when he was actually licensed by the 23 Board? 24 A. I believe he was licensed on October 4th or 5th, 1984. 25 Q. Okay. Prior to that had he been operating the bar • 9. 1 under some kind of management agreement? 2 A. Yes. These was -- last year , which was 1984, I had 3 had some complaints, so I responded to East Eaton to check 4 on the ownership and management of the bar. At that time, 5 Mr. Llamas stated that he was managing it for a June Rosalez. 6 However, Mr. Llamas was never able to produce myself a 7 management agreement. 8 Q. Who had the actual license, at that time? 9 A. At that time, the license was issued to June Rosalez. 10 Q. Did you talk to Mr. Llamas about that condition? 11 A. Yes. I talked to him about the condition, the 12 complaints I had received, as far as the conduct of the 13 establishment, the ways to correct the violations that were 14 occurring and also on the illegal ownership. That there needs 15 to be a clear-cut definition as to who was actually the owner • 16 of the bar . 17 Q. What type of complaints did you talk about, at that 18 time, sir? 19 A. I believe that there was a few assults or fights at 20 that particular time and I had some complaints that it was 21 being run illegally , which means that their owner was not in 22 control of the bar, another person was in control of it. 23 Q. Okay. What happened then, after you had had that 24 meeting with him? 25 A. I had that meeting with him and we explained some 10_ • 1 different ways to correct the situation. I explained that if 2 he didn't come up with a management agreement or some type of 3 lease or a new license, I would have to take him to a State 4 Hearing. Mr . Llamas, to my knowledge , never did come in with 5 the mentioned agreement and subsequently he did apply for a 6 license at the local license people and was granted the 7 license. 8 Q. So , the renewal of that license is what we' re here 9 on today? 10 A. That' s correct . 11 Q. Since that time, since he obtained the license in 12 his own name, have you had occasion to make checks there, at 13 Ernie's? • 14 A. Yes. I 've been by there a couple of times and 15 I 've -- the Sheriff ' s Department is the one that has more 16 responsibility with routine enforcement of the law up there, 17 due to my large areas of responsibility. 18 Q. Have you had complaints during the period of time that 19 he's actually had the bar in his own name? 20 A. Yes, I have. 21 Q. What kind of complaints have you had , sir? 22 A. I have had complaints of fights and of under-age 23 service there. Basically , conduct of the establishment. 24 Of serving intoxicated people. I have received complaints from 25 the Eaton Police Department and the Sheriff' s Department, as 11 . 1 well as people that reside in East Eaton. And, the people 2 that reside in the west side of Eaton, too. 3 Q. Now, with regard to East Eaton. I 'm fairly new to the 4 county. I ' ve only been here a couple of years, and I'm not 5 familiar with East Eaton, so, could you describe the community 6 for us? 7 A. East Eaton is basically an isolated area which is on 8 the east side of 85. On the east side of the railroad tracks. 9 It encompasses, maybe, approximately four blocks, give or take 10 a few. I would imagine there is probably 30 residents that 11 live in that area, with one local business there. 12 Q. Which local business is that? 13 A. That ' s Ernie's Bar 14 Q. So, aside from Ernie ' s Bar then, there's no other 15 busines in that area? 16 A. Well, there's a church. I don' t know if that ' s 17 considered a business. It 's just down the street . To my 18 knowledge, I believe there's no other business within that 19 residential area. 20 Q. As far as the location of Ernie' s, how is it 21 surrounded, sir? 22 A. It's surrounded -- basically it 's in the corner of 23 the development. It's situated in the south-west corner. 24 0. Are there houses around it? 25 A. I believe there is a house on either side of it. e 12. • 1 And, there' s some across the street. 2 Q. What did you do when you received these complaints 3 during the last year , then? 4 A. I ' ve contacted the Eaton Police Department, also the $ Sheriff ' s Department and received their reports on it and they 6 were asking what type of action can be done against it. I've 7 discussed this with the lieutenant of the Sheriff's Department. 8 As far as his correspondence and with the bar owner and 9 basically we' ve just proceeded in that course. 10 Q. Did you, at some point in time, ask the Sheriff's 11 Office to give you a report on all the incidents that were 12 involving Ernie' s Bar? 13 A. Yes. As an increased number of reports came in, I III14 could see a pattern of increasing violence that occurred'. At 15 that particular time I requested, for the past year, a 16 collection of all the reports to see what I felt could be 17 attributed to the bar conduct. 18Q. Let me show you a document -- 19 (Whereupon Exhibit A was marked for identification. ) 20 O. (By Mr. Brown) Let me show you what has been marked 21 as Exhibit A, and ask you if you' ve seen that document before, 22 sir? 23 A. Yes, I have. 24 Q. Can you tell me what that is, sir? 25 A. This is an investigative report that I composed from • 13 1 the criminal reports obtained from the Sheriff 's Department, as 2 well as my own investigations. 3 Q. As I recall, Mr. Morrison read four essential 4 allegations that were charged against the bar in his statement 5 to the council. 6 A. I believe there' s four charges listed on here. 7 Q. Those are the four charges listed here? 8 A. Correct. 9 Q. With regard to the offense, details of the offenses, 10 and the dates there, are those reports you obtrained from the 11 Sheriff 's Office? 12 A. Yes, they are. 13 Q. And, the paragraphs out to =the side, is that a brief 14 summary of what 's in the report? 15 A. Yes. It ' s a very brief summary that basically 16 describes what ' s in the report that may relate to the bar 17 conduct . 18 Q. I notice you also have a history of the violator, 19 would that be Mr. Llamas? 20 A. Yes, sir. The history of the violator is basically 21 Ernie Llamas. He 's had the license for one year. And within 22 that history described my verbal warning, as far as the liquor 23 license was concerned, the liquor laws and ways to correct the 24 situation, which was last year. 25 Q. Do you have -- going back to the details of the • 14. • 1 offense section of this -- do you have the Sheriff ' s Office 2 reports that coincide with -: those incidents? 3 A. Yes, I do. 4 Q. And, they ' re here available, should the Commission 5 wish to look at them. 6 A. Yes, they are. 7 Q. For the purposes of this hearing, I provided the 8 opposing counsel with a copy of this. I did that earlier today. 9 He' s had a chance to review it . I' ve made identical copies 10 to what has been marked as Exhibit A, and I would offer that 11 to the Commission. I will be presenting other testimony from 12 other individuals, specifically the Sheriff 's deputies, with 13 a little more detail concerning the type of offenses. So that e14 if you have any questions of them you can ask them. Or, if 15 there are hearsay problems, we can handle them in that way. 16 So, I would offer, not only Exhibit A, but also offer copies 17 of that exhibit so that each one of the Commissioners have 18 that. 19 MR. MICHAELS : Well , I would object Mr. Morrison, on 20 the grounds that this is a hearsay document . I realize that in 21 an administrative hearing, hearsay is admissible, but the 22 tribunal concerning it still has a certain burden to respect 23 and give proper weight where it is due. So, I want , for the 24 record, to make that objection. 25 MR. MORRISON: The standard the Board is to follow on • 15. • 1 that is whether the evidence possesses probitive value commonly 2 acceptable by a reasonable and prudent manner in the conduct 3 of their affairs. So that there is not a strict rule of hearsay 4 But you could , I think, reserve judgment on that for further 5 foundation, if Mr. Brown indicates there is going to be further 6 testimony regarding that. 7 CHAIRMAN JOHNSON: What 's the desire of the Board? 8 COMMISSIONER BRANTNER: Personally , I'd like to see 9 it. 10 CHAIRMAN JOHNSON: Any objections? 11 MR. MORRISON_ So, you' re going to reserve -- go 12 ahead Madam Chairman. 13 CHAIRMAN JOHNSON: My understanding is that the Board • 14 would like to have the document presented to them -- 15 COMMISSIONER BRANTNER: And delay the ruling on the 16 hearsay. 17 MR. BROWN: If you wanted to review it, I have copies, 18 before you make your decision. 19 MR. MORRISON: That' s fine, with the understanding 20 that they may choose -- 21 MR. BROWN: I understand. 22 Q. (By Mr. Brown) Mr. Sauter, how many counties do you 23 cover, sir? 24 A. I cover eight counties in the north eastern part of 25 the State of Colorado. 16_ • 1 Q. With regard to taverns of the sort that you observed 2 Ernie's Tavern to be, are you acquainted with other taverns in 3 that type of setting? 4 A. Yes, I am. There' s several in the County of Weld. 5 Q. Okay . With regard to, and when I say that I suppose 6 we have to-talk about the kind of people that use the tavern; the 7 type of clientele that frequent the tavern, is that a fair 8 estimation of what you're talking about? 9 A. Yes. 10 Q. With regard to that, sir, do you have any other bars 11 that would service the same kind of clientele here in Weld 12 County? 13 A. Yes. There'-s several along 85. Do you want me to list • 14 those? 15 Q. It might be helpful. 16 A. There.'.s Blue Willows in Gilcrest. There's also some 17 other taverns in Platteville, the Carousel and there' s a couple 18 here in town, it would be the Latin Quarter and several other 19 bars like that. 20 Q. With regard to Ernie' s then, in comparison with the 21 reports and the investigations that you' ve done on the other 22 bars, how would you compare the operations there at Ernie's 23 with these other bars? 24 A. Within the past year, it 's by far leading in the 25 number of violations. • 11 17.. • 1 Q. Okay_ When you say number of violations, what types 2 of things are we talking about? 3 A. We ' re talking about conduct of the establishment, the 4 selling to minors, intoxicated people involved in the bars, 5 overall rowdiness , things of that nature. 6 Q. Have you personally observed anything of that nature 7 in Ernie' s? 8 A. I have observed some rowdiness on a particular night . 9 I believe it was in late September -- early September, when I 10 had to be up there with the Sheriff' s deputies. 11 Q. When you went in you were with the Sheriff' s deputies? 12 A. Right. I have observed previous, not recently, last 13 year which was 1984 which would still be in the licensed period. • 14 I happened to make a couple of stops at Ernie's when he obtained 15 his1iciense.. That was not with the Sheriff's deputies. That 16 was in plain clothes. 17 Q. Did you observe any violations or anything out of 18 the ordinary , at that time? 19 A. Not at that particular time. It was during the day. 20 Q. You' re a Caucasian? 21 A. That's correct. 22 Q. And, are thcjre very many Caucasians that frequent the 23 bar? 24 A. No. The clientele that frequent the bar , to my 25 knowledge, is mostly Hispanics, Mexican Americans_ There are • 18. • 1 some illegal aliens that do frequent the bar. 2 Q. Getting back to the Exhibit that' s been submitted , 3 you also reached some conclusions and recommendations; in the 4 Exhibit that' s been submitted, is that right? 5 A. That' s correct . 6 Q. And, based upon your training and experience and your 7 observations and all of the information you've been able to 8 gather , do you have a recommendation with regard to what should 9 happen to Ernie ' s? 10 A. Yes, I do. And, that ' s based on prior knowledge and 11 contact with the licensee for things that have been going on . 12 Also, complaints from the residents in the community . To name 13 one, Mary Archibeque. Also from the Eaton Police Department • 14 and other people, residents of Eaton. 15 Q. Okay. With regard to Mary Archibeque, did you have 16 any specific complaints made by her? 17 A. Yes. Mrs. Archibeque stated that she had seen, on 18 several different occasions, people carrying beer off the 19 licensed premise. 20 Ernie' s Bar is licensed for on-premise consumption only, 21 and that is a violation for carrying beer off the premise. 22 She also stated she saw beer handed out the door to minors, 23 on several different occasions. 24 Q. Did she talk at all about her child? 25 A. Yes. I know Mrs. Archibeque from her employment at • 19. • 1 the Eat' n Place Restaurant and Lounge in Eaton. She's worked 2 there for approximately eight years. I did know she did have 3 some knowledge of the Liquor Code because of my prior contact 4 with her. 5 Q. As far as her childrens' experience with Ernie' s, did 6 she indicate -- 7 A. Yes. In particular, her son had been going to the 8 bar since he was 16 years of age and just recently after -- he' s 9 20 now -- after the stabbing he decided he wasn't going to 10 consume liquor at that particular establishment. 11 Q. As best as you can recall, can you place a date -- 12 when you say stabbing, what incident is that, sir? 13 A. The stabbing , I recall, occurred early August. I • 14 think it was around the 8th of August , I 'm not sure. 15 Q. That was not in the bar, is that correct? 16 A. No, that occurred out in the street. 17 Q. So, Mrs. Archibeque indicated her son , after that, 18 had quit going? 19 A. Yes. Due to the conflict in the community. She 20 felt that the clientele that had been frequenting the bar was 21 from out-of-town, and it was just dividing the community of 22 East Eaton. 23 Q. Where does she live, with respect to Ernie's? 24 A. She lives on Clark Street, which would be north east 25 of the bar. Approximately two blocks, I imagine. • 20. • 1 Q. Were there any specific people that you can recall 2 that gave specific examples of the place? 3 A. Mr . Paul Gomez stated that , last week in fact, that 4 he was the vice-president of the East Eaton Community 5 Organization, and stated that he's lived there 30 years and 6 by far this has been the worst that the bar has been run, 7 He stated , however, he wouldn't object to having a particular 8 grocery store or something of that nature at that location. 9 Q. His desire was to see that the bar did not continue 10 to operate , is that correct? 11 A. That' s what he responded to me. 12 Q. You indicated he said that last week, when was that, 13 sir? • 14 A. He responded down to the hearing which was then 15 continued and he made that statement outside the council 16 chambers here. 17 Q. What about Mrs. Archibeque, was she here last week 18 when it was continued? 19 A. Yes, she was. She was here also. And, I did' have a 20 chance to interview her on August 26th, which was held at her 21 residence in East Eaton. 22 MR. BROWN: I believe that's all I have at this time. 23 I reserve the right to recall . 24 CHAIRMAN JOHNSON: Mr. Michaels, would you like to 25 cross examine? • 1 21 . 1 MR. MICHAELS: Yes, I would . Thank you. 2 If I may I ' d first like to make a record_ On portions 3 of this , Mr . 'Sauter 's report-, "Exhibit A that refers to -in:di-tents 4 that occurred subsequent to the initial , or threshold tier 5 one hearing. In particular on page one, there' s a witness 6 statement on September 7th, 1985, relating to a charge of 7 serving to a minor. And, I would like to put on the record 8 I object to the Board considering that . It wasn't considered 9 at the initial hearing , the probable cause hearing. We had 10 no notice that , in fact, that this would be presented as 11 evidence toady . And , I think in all fairness that the Board 12 should consider that. We're here to consider only those things 13 which were probable cause for consideration at the August 26th 14 hearing. 15 CROSS EXAMINATION 16 BY MR. MICHAELS: 17 Q. Mr. Sauter , your report states that , on page one, 18 from October 7th, '84 , to August, '85, there had been five 19 assaults, five disorderly conducts, and one murder which may be 20 attributed to the conduct of the licensed premise, is that 21 correct? 22 A. I think it should read the conduct of that 23 establishment may have contributed to the murder. 24 Q. For instance, what knowledge do you have of the 25 involvement of Ernie's Bar as to the murder? • 22. • 1 A. Based on the Sheriff ' s Office report, that people 2 that were involved in the wedding party were also involved in 3 the murder which occurred had been drinking in the bar 4 previously. That several of the clientele that attended 5 Ernie' s Bar was from not in the community , but in fact , 6 illegal aliens and people from other towns in Colorado. And, 7 that the infraction between these particular parties 8 contributed toitht violence. The violent nature of that 9 particular incident . 10 Q. The wedding party was held, where? 11 A. To my knowledge, I believe it was held out in the 12 street and across in someone else's house. However, there are 13 statements that there was a keg of beer on the street and that • 14 the wedding party was basically right next door in a house. 15 Q. How many people were at the wedding party? 16 A. I have no idea. 17 Q. Do you know whether the victim was one of the alleged 18 people that had been drinking at Ernie's? 19 A. You'd have to refer to the Sheriff's Department 20 reports for that . 21 Q. Did you know whether the defendant, the perpetrator, 22 was one of the people that was drinking there at Ernie's. 23 A. Again, I think it's in the Sheriff Department 's report. 24 I 'm not really sure because I haven' t refreshed my memory, but 25 I believe,that they had earlier been drinking at that particular • 23. • 1 establishment. 2 Q. The defendants? 3 A. Pardon? 4 Q. The defendants that were charged with the murder? 5 A. Earlier that evening, I believe. Again, I couldn' t 6 tell you for sure because I'd have to look at the reports. 7 I wasn ' t there that particular night, so I couldn' t say for sure 8 Q. When did you write this report? 9 A. I believe there's a date on the top there. 10 Q. So , you wrote this, August 19th? TT A. Yes , that 's correct . 12 Q. And you state in here that the murder may be 13 attributed to the conduct, I 'm asking you, what conduct? • 14 A. No, I didn' t say the murder would be attributed to the 15 conduct. I'm saying part of the conduct of the establishment 16 and the way it' s been run could have led to, or been part of 17 reason there was a muder out there. 18 Q. Now, you mentioned illegal aliens. It It is not 19 illegal, per say, for a bar or tavern to serve beverages to 20 illegal aliens, is it? Is that a separate :crime .in -itself? 21 A. Only if they don' t have proper identification. 22 Q. By that you mean a document showing whether or not 23 they're over 21? 24 A. That ' s correct. 25 Q. Isn ' t it, in fact, the law that they don' t have -- • f � 24. 1 they have to be over the age of 21 , in order to drink legally, 2 is that correct, no matter what country they ' re from? 3' A. That's correct . That's correct. 4 Q. So the illegal alien isn' t really a violation of the 5 Liquor Code or anything? 6 A. I don't believe I stated it was. I was just referring 7 to the type of clientele that frequent Ernie' s. I briefly 8 mentioned to the Board similar incidents that have occurred. 9 Q. Now, you also mentioned on Page 2, the first, that 10 says charge 3. Rodriguez and Manzanares had been drinking 11 earlier in the evening at Ernie's and were arrested on an auto 12 theft later on, is that correct? 73 A. That 's correct . And, I believe Officer Ed Herring • 14 will testify to this page of the report directly. 15 Q. So, you don' t know any more than that about it? 16 A. No. Basically the synopsis is a brief summary of 17 what went on. 'a Q. From anything that was mentioned , was Ernie Llamas 19 issued a summons or citation for violation of the liquor 20 license or state laws? 21 A. For which incident? 22 Q. For any of them. 23 A. I believe he was issued one for the service to a minor. 24 At those particular times, the Sheriff 's Department can attest , 25 they were more concerned with the violent acts and did not issue • 25. • 1 liquor violations. 2 Q. The only summons he got was for the September 7th, 3 f-or: serving a' minor? 4 A. Again, I think that question should be attributed to 5 the Sheriff ' s Department. I think they could answer that better 6 than I could. 7 Q. Did Mrs. Archibeque state whether or not the people 8 that passed the beer through the door, were employees of 9 Ernie' s, or patrons? 10 A. She didn' t state who they were. I don 't know who they 11 were. She just recognized the people from the community. She 12 lives there. She just stated, people passed it out to people 13 on the street . She didn 't say whether they were employed or • 14 not employed. But, if in fact that did happen, it's a violation 15 to the law. 16 Q. Now, did she state whenthis occurred'? 17 A. She said it was an on-going thing. Several different 18 times. She didn' t name any particular date or time. She stated 19 it 'happens quite often. 20 Q. So, part of what she' s referred to could have been • 21 prior to September , 1984? 22 A. Well, you know, I was talking to her and she said 23 within the past year. I was talking in referance with her 24 about last year, the licensed year for Ernie Llamas. Some of 25 it probably could have happened before. 26. • 1 0. Now, your report on Page 3 mentioned Alvin Jones was 2 assulted as he left Ernie' s Bar. Do you know anything more 3 about that; like how far out of Ernie 's Bar was he? 4 A. Again, the Sheriff' s report should be -- probably 5 the Sheriff 's officers should be questioned. I just wrote a 6 brief summary. I think they can answer to the actual location 7 and what not . 8 Q. Now, you testified to a November '84 meeting with 9 Mr. Llamas, where you discussed some problems, is that right? 10 A. That's correct. 11 Q. And, then at the initial preliminary hearing on this, 12 you stated in reference to that meeting, "Since then after our 13 talks and discussions and what not, it's simmered down through • 14 the winter months, somewhat. " 15 A. In reference to the Sheriff ' s ,reports, that's correct. 16 Q. What was Mr. Llamas ' attitude at the discussion and 17 meeting? 18 A. Well , at that discussion and meeting 1 explained the 19 liquor laws. He seemed like he was willing to cooperate 20 at that particular time in August, I believe. He said he would 21 hire a security guard to watch on dance nights or busy nights. 22 Q. At that time he — 23 A. Back in 1984. 24 Q. Was it a suggestion or a request? 25 A. Well , we were discussing the possible solutions. 27. • 1 Q. What other tangible solutions did you discuss with 2 Mr. Llamas? 3 A. There' s several different types of ways you can 4 control the establishment. Number one, having security guards, 5 having Sheriff's deputies stop and spot check, walk throughs 6 on the bar, education of the employees on the Liquor Code 7 violations, things of this nature. Making sure that they card 8 under=age people that come into the bar and not service them. 9 And, just a number of different ways to correct the situation. 10 Q. Now, do you have knowledge as to whether or not 11 Mr. Llamas has taken correct tangible steps that you discussed? 72 A. I believe he's hired, as I stated , a security guard 13 for the licensed premise. However, I don' t know if some of the • 14 other ones were taken into effect or not. 15 Q. Now, you testified to something about management 16 agreement, as to .its effectiveness, it was enforced at that 17 time? 18 A. Bight. 19 Q. Now, that is not pertinent to this hearing, is it? 20 That 's . aot a violation that we are brought here to discuss 21 today, is it? 22 A. No, it ' s not in the violation period.. However, 23 I think it' s pertinent to show that Mr. Llamas was aware of the 24 - Liquor Code violations. The conduct of the establishment, that 25 I. directly discussed with him in regard to the operations of his , • 1 28. • 1 establishment 2 MR. MICHAELS: I have no further questions. 3 MR. BROWN: I just have a couple. You were asked 4 if Mr. Llamas hired security guards, do you know when he hired 5 the security guard_ 6 A. I believe it was after our discussion, back in August 7 of '84. As to the actual date and what not , I couldn' t say. 8 Q. The offenses that we' re talking about, that you 9 outlined here, are since that discussion, is that right? 10 A. Yes. In the license period of his own personal. 11 license. 12 Q. So, during the time that these disturbances happened 13 and the reports were made, he had security guards in place, is 14 that correct? 15 A. To my knowledge, yes. 16 MR. BROWN: That' s all I have. 17 CHAIRMAN JOHNSON: Does anyone on the Board have any 18 questions? Mr. Brown. 79 MR. BROWN: We' ll call Ed Herring. 20 ED HERRING, 21 having been duly, sworn, testified as follows: 22 DIRECT EXAMINATION 23 BY MR. BROWN: 24 Q. State your name, please. 25 A. Edwin J. Herring. 29. • 1 Q. How are you employed, sir? 2 A. I am a deputy for the Weld County Sheriff. 3 Q. How long have you been with the Sheriff's Office? 4 A. Since September 13, 1984. 5 Q. As a part of your duties, were you asked to prepare 6 a summary of incidents that have occurred which relate in some 7 way to Ernie' s Tavern? 8 A. Yes, I was. 9 Q. And, did you• pull then, the cases that had mentioned 10 Ernie' s in some way? • 11 A. Yes. I pulled all the cases that I could find through 12 our computer system that had Ernie' s name or address or they 13 were down as a witness or reporting party. • 14 Q. And, did you go through those reports, sir? 15 A. Yes, I did. 16 Q. With regard to those reports, sir, were there some you 17 threw out as having' no relationship to Ernie's? 18 A. Yes, there were. 19 Q. What kind of a standard did you use when you decided 20 whether or not you were going to attnfrute these reports to 21 Ernie ' s Bar? 22 A. Basically I look at the immediate area of Ernie' s 23 Bar with alcohol related incidents. 24 Q. Would the report then specify the address and the 25 people who had been in Ernie'S drinking? 30 • 1 A. A witness would say they were in Ernie's, around 2 Ernie' s, or had been drinking over in that area. 3 Q. With regard to those cases, how many cases, after you 4 had weeded out the ones that appeared to really not have been 5 attributed to Ernie's? 6 A. I came up with 13 cases between October: 4th, and 7 September 19 -- September 15th, 1985. 8 Q. Did you summarize those? 9 A. Yes, sir, I did. 10 Q. As to what kind of crimes? 11 A. Right . There are 13 cases. If I may, there was one 12 criminal attempt to first degree murder; there was one shots 13 fired in the area. That was reported by a deputy who was in III14 the area when he heard the shots behind Ernie's Bar. There was 15 one aggravated robbery, which I handled; which the parties 16 specifically told me that they had been drinking at Ernie's Bar, 17 and were under the influence of alcohol, so they just tried to 18 steal a car from a farmer down the road. Four second degree 19 assults. Three disorderly conducts. One second degree 20 burglary. One careless driving; a juvenile served in the bar. 21 Q. Did you also re-iew those cases with regard to where 22 these people were from? 23 A. Yes, I did . 24 Q. When I say "these people, " I'm referring to the 25 defendants that were arrested. • 31 . • 1 A. These were all people who were identified as suspects 2 and subsequently arrested for the crime in question. On there, 3 I had 18 arrests off of these 13 cases, however , there were 4 numerous cases, five I believe, that had no suspect identified 5 on there. They were identified as: Male Party and Female Party, 6 or Unknown Suspect. 7 Q. Okay. With regard to the 18 people that were arrested 8 could you summarize where they're from? 9 A. The 18 people arrested -- they gave the following 10 addresses: 13 of them were from Greeley, with Greeley City 11 addresses; 3 from Eaton Proper, that' s West Eaton; one was 12 I from Gill ; and one person was from East Eaton that was arrested, 13 and I believe on the first degree murder charge. • 14 Q. Do you have occasion to make bar checks on that 15 particular place, this particular bar, sir? 16 A. Yes, sir, I do. 17 Q. Have you had any contacts there in the bar , sir? 18 A. Yes, I have. I ' ve been on a number of different 19 calls that were called up in the area and I have done a few 20 bar checks in the bar. 21 Q. Did you find any violations, while you were in there? 22 A. When I was in the bar, I mostly was looking for 23 rowdy individuals. Parties that were attempting to, start 24 either a domestic disturbance, between : husband and wife. 25 Basically, checking the bar to make sure nobody was causing 32. - 1 any problems inside. 2 Q. You indicated you were called out on some assults? 3 A. I was called up into the area. I may have taken 4 statements from witnesses, but I don' t recall specifically any 5 of the assaults, :r.ight .now. 6 Q• Okay. With regard to criminal attempt to first degree 7 murder , is that the same incident that Mr. Sauter was testifying 8 to? 9 A. Yes, sir . 10 Q. And, are you familiar with those reports? 11 A. I was working the southern part of town at this -- 12 when that went down, so I was not directly involved in the case. 13 Q. Lieutenant Hayward, would he be more familiar with • 14 this? 15 A. Yes, sir. 16 Q. Did you have occasion to also check ;local:: residents 17 there when it was determined that some action might be taken 18 against Ernie's. Did you have occasion to talk to local 19 residents there, sir? 20 A. Yes, I did. I contacted, as best I could with my 21 other duties, most of the families in the area. 22 Q. And , what did you determine about the wishes of these 23 people? 24 A. I contacted 14 families in the East Eaton area. 25 Husbands, wives, and/or children, and discussed Ernie' s Bar with 33. 1 them. Five of them were from Clark, which is two blocks to the 2 east of the bar. Three of them were from Wall Street, which 3 was on the bar street itself, located on the same street as the 4 bar. One family was on Lyndon Street that T contacted, but 5 I don' t speak Spanish too well , so I couldn't understand what 6 they were saying. Two families on 4th Street and three families 7 on 5th Street . 8 Of the families that I contacted , two families were 9 definitely for keeping the bar open, with absolutely no changes 10 at all in the way that it is being operated. Now the only 11 problem in the area were the illegal aliens, or wetbacks, as they 12 would call them, frequenting the bar. And, this was the only 13 problem. • 14 Two other families that I contacted said the bar should 15 stay open, but they should change the bar into a restaurant, or 16 to keep it as a bar where people could be served food. Anyway, 17 basically get rid of the band. They thought that . the band in 18 the bar was a problem because of the people that hang out around 19 the bands . 20 Seven families said that they wanted the bar closed . 21 They said that there was -- they had numerous complaints about 22 the bar itself -- that they thought it should be closed. 23 Complaints were: trash, beer cans around the street and up and 24 down the street. Some of the beer cans came from the people 25 that were at the bar. Some of the trash and paper came, •not • 34. 1 necessarily from inside, but people that were drinking outside. 2 Fights were spreading to the residential areas and weren't 3 staying right around the bar area. There was high traffic and 4 unnecessary speed in the area. I was told by a couple of 5 families, a young child was killed up there, two or three, or 6 four years ago. And, the car was driving down the street at a 7 high rate of speed. 8 I 've observed, myself , numerous times where very young 9 children, I 'm talking about just barely old enough to walk, 10 all the way up to young teens, are playing in the middle of the 11 street during alihours that the bar is open. I will drive 12 through the area at 10, 11 or 12 o 'clock in the night to find 13 no adult supervision obvious in the area. • 14 These families also complained about the noise caused by 15 the patrons in the area. 16 One of the biggest complaints is that there are no parking 17 spots for the bar over there. The traffic congestion is the 18 cause, that in this area it's almost impossible to go down the 19 street . 20 Most of the families that I contacted requested that their 21 names and addresses not be mentioned to the Board or to anybody 22 else, because, they directly feared reprisal from the people 23 in the area. If their names were mentioned, something directly , 24 or indirectly, would happen to them. 25 , Q. Did you hive occasion to talk ..o any of the businesses 9 35. • 1 around the area that are open late at night? 2 A. I went to Highway 85, directly west of Ernie's 3 location. There are two gas stations. A gas convenience 4 store and another gas station, and they also sela beer products 5 in the store. I talked to the businessmen there and the 6 employees that work late in the night and they said that they 7 could not directly relate any person causing problems as. being 8 from Ernie's Bar. 9 Q. Did they indicate that they had intoxicated people 10 looking for Ernie's? 11 A. They indicated that especially on Friday and Saturday 12 nights and very little, but ocassionally on Sunday nights, 13 there would be people driving down Highway 85, obviously III14 from not around the Eaton area and they would be quite 15 intoxicated and they would be asking directions on how to get 16 to Ernie's . 17 Q. Did you have any contact with people that indicated 18 that they had experience with under-age people getting served 19 in the bar? 20 A. I contacted one gentleman over there , who asked that 21 his name not be given out , who was under age. He had been 22 invited numerous times to go to Ernie's Bar with a cousin or 23 relative of Ernie and there would be no problem drinking inside. 24 The subject told me he did not go over there and drink. He 25 knew that under-aged people did go over to the bar and drink. 36. • 1 Q. With regard to your personal observations concerning 2 the problems, as far as the trash, could you relate that to. the 3 Commission. 4 A. Okay . My observations of the area when I drive 5 through the area late at night , whether I drive in and do 6 a bar check or whether I pass by the front , there's quite a 7 bit of a litter problem now in front of the bar. There are 8 beer cans and paper and trash from fast food snacks up and down 9 the street . Which, seems to be quite a bit of a problem in 10 that area. There is a very bad parking problem over there. 11 The cars are quite congested in that area and a couple of 12 assault charges, I believe started from one car backing into 13 another car in the area. The party that was hit would get 14 upset and start a fight . And the music -- 15 Q. Let me stop you there. With regard to those incidents, 16 are you familiar with whether or not alcohol was involved? 17 A. These would be people that were leaving Ernie's Bar. 18 That would be trying to exit the general area but , due to 19 parking problems, and or alcohol, they had a minor fender 20 bender causing the incident . 21 Q. That minor fender bender then escalated in an assault? 22 A. Yes. 23 Q. With regard to your observations about the abilities 24 of people that are coming out of the bar, have you observed , 25 anything in that regard, sir? I 37_ • 1 A. I have observed numerous people being carried out -of 2 the bar that were under the influence to such a degree that 3 people had to carry them out to a vehicle, put them in the 4 back seat and transport them to a location unknown. I would 5 assume home. But, they were obviously so under the influence 6 that they could not wa1`k. 7 Q. When you say you saw people bringing them out , who 8 were these people that would bring them out and drive them 9 home. 10 A. They looked to be other friends -- dressed nrt'he�`= same 11 attire that they would be dressed in, either as farm laborers or 12 dressed up for the dance in the area. They did not appear to be 13 employees. 9 14 Q. V,ere some of them just left in the cars -- some of 15 these people that were too drunk to drive? Was everybody 16 driven off? 17 A. I don't believe that they were all driven off 18 immediately, no. But , I -would go back there after the bar was 19 closed, turn the spotlight on the cars and wouldn't see anybody 20 in them. If I did, I would stop and make sure they were O.K. 21 A. Did you--go through and check the reports and calls 22 that you had with regard to Ernie' s in comparison with other 23 parts in that area? 24 A. 1w, I did not_ 25 MR BROWN: That 's all I have. • 38. . 1 CROSS EXAMINATION 2 BY MR. MICHAELS : 3 Q. I 'd like to clarify one thing. It 's not illegal 4 for -- it ' s a food and liquor place, but it ' s not illegal for 5 someone under the age of 21 to be present in Ernie' s Bar? 6 A. I believe their license is that they are to be 21 , 7 to be in the bar. I 'm not positive on that . Mr. Sauter would • 8 be more familiar with that. 9 Q. Now, referring to Exhibit A, the August 19th report , 10 which was prepared by David Sauter -- 11 A. I don 't have a copy of that . 12 ([",Thereupon a copy of the report was presented to the 13 witness. ) al14 Q. It ' s my understanding on Page 2 of that , under 15 Charge 3, it mentions a Rodriguez and Manzanares, who had been 16 drinking earlier. ' And, is it that incident that perpetrated the 17 auto theft? 18 A. Yes. 19 Q. Is this the incident that you investigated? 20 A. Yes, sir . 21 Q. Now, they stated they both were extremely intoxicated 22 and stated they were too drunk to know what they were doing? 23 A. Yes. 24 Q. Is that an accurate summation of their condition? 25 A. Yes, sir. • 1 39. • 1 Q. And, when did they say that';thyy..tad been at Ernie';s? 2 A. Just moments prior_ If I may explain the situation 3 to the Board? These three individuals, as it was explained to 4 me by them, were in Greeley and drove up to Ernie's Bar to go 5 drinking because that was one of the places that they liked to 6 drink. They went up to the bar and they had a few drinks; 7 drove back down to Greeley and picked up some more beer and 8 drove to Ernie's Bar in East Eaton and they were on their way 9 back to Greeeley about the time that the bar was getting ready 10 to close when the car broke on Weld County Road 39 or 41, 11 I belive 39, and about two or three yards south of a farmer's 12 residence over there. So, they got out of the vehicle and the 13 battery was dead or something like that , I 'm not sure the 14 exact reason why the car quit . They walked back to the farmer' s 15 residence. They saw a pickup truck that the farmer had in 16 the yard with the keys in it, started it up and got ready to 17 leave when they said, well, since no lights came on in the 18 house they took a brick, wrapped it in a rag, broke the window 19 out of the back door, entered the residence. And, they were 20 inside by a microwave and a T.V. and the third person was 21 outside in the pickup ready to drive off, when the farmer did 22 awaken, stepped out into the living room where these two 23 individuals were and shouted out something to the effect , 24 what are you doing. They ran and got into the stolen pickup 25 and took off down the road. • 40' • 1 They notified the Sheriff 's Office, we caught them within 2 10 or 15 minutes. 3 Q. So, how much beer didJ.you find in the car that they 4 had abandoned, or stolen? 5 A. I don't recall that right now. It 's specifically 6 stated in my report . I could guess, if you would like. I would 7 say there was about a 6-pack of empties in the car. 8 Q. They definately were too drunk to know what they were 9 doing? 10 A. That was the statement that they told me. 11 Q. That was your opinion, based on their demeanor? 12 A. I believe they were also charged with driving while 13 under the influence of an intoxicating beverage. And, if I • 14 remember right --no, I thought maybe he did, but he did not 15 blow into the intoxilizer. 16 Q. And, you did state, in your opinion. based on their 17 demeanor, they were too drunk to know what they were doing, is 18 that correct? 19 A. They weren' t too drunk to know what they were doing. 20 They were, definately, under the influence of at alcoholic 21 beverage. 22 Q. Is it correct that .15, per say, is at least three 23 times over the legal limit? 24 A. Right . 25 Q. On Page 3 of that Exhibit A. 10-21-84. Shots fired • 41. 1 • 1 in vicinity. Is that something that you investigated and have 2 any knowledge about? 3 A. That was investigated by Deputy Shomberger (spelled 4 phonetically) I did read over the report . 5 Q. Okay. Well , maybe you can tell us . How far away 6 were the people that fired the shots? 7 A. The way I understand it is that Deputy Shomberger was 8 at about half or three-quarters of a block to the north of 9 Ernie's Bar. He heard shots from behind or to the side of 10 Ernie' s Bar and subsequently went into a trailer house or a 11 house just to :the north -- just to the south of Ernie's Bar. 12 And, he did take a suspect and he was arrested on reckless 13 endangerment . • 14 Q. Out of a house? 15 A. Out of a house, right . 16 Q. And, the only connection with Ernie's is that it was 17 next to the house? 18 A. No. I believe that in the report it also states 19 the guy had been drinking. He stated he was in Ernie's prior 20 to this, drinking_ 21 Q. Was that his residence, his house? 22 A. Yes. Either his or his girl friend's. I don't 23 remember right now. 24 Q. The next incident , 11-22-84. Do you know anything 25 I about that one, officer? • �' 42. .. • i A. No. That would be with the Eaton Police Department . 2 Q. I 'm sorry. 3 A. That would be with the Eaton Police Department . 4 Q. Do you have a copy of that report? 5 A. I should have, it 's got a county number on it. 6 Q. Well , I don't want you to file through all that now. 7 3-31-85: Alvin Jones assaulted. Do you know anything about that 8 one? 9 A. I know very few of the particulars. Just what's 10 around the squad room. 11 Q. What officer investigated that? 12 A. I 'm not sure on that one. 13 Q. What connection does that have with Ernie's Bar. • 14 A. Other than he was leaving Ernie's Bar . 15 Q. Was he six blocks away? Was he two blocks away? 16 A. The way I understand it is , the assaulttook place as 17 he was on the sidewalk in front of Ernie' s Bar. 18 Q. Let me -- pull that report would you. 19 A. Okay. That would be March of '84. I don't have that 20 report . March 31st , 1984. 21 COMMISSIONER KIRBY: '85. 22 THE WITNESS : Oh, '85. That would be right here. 23 Q. (By Mr. Michaels) All right. Then, on that, based 24 on that report , could you tell the Council -- the Commissioners 25 where did this occur inrelation to Ernie's Bar? Whether or not 43 . 1 the defendant had been drinking in Ernie's Bar. 2 A. Okay. It says that the guy left -- the victim left 3 Ernie' s Bar and another subject followed him in a vehicle 4 and approximately at Lucerne, Colorado, on Highway 85, the 5 suspect ' s car ran into him. An employee of the bar was later 6 contacted by the deputy and she did state that when the victim • 7 left the bar, that she saw the suspect leave the bar. 8 Q. The suspect was identified as who? 9 A. - Candelario Diaz, D-I-A--Z, was subsequently arrested 10 for that crime. 11 Q. And, that crime was perpetrated in Lucerne? 12 A. Right. Coming directly from Ernie's Bar. 13 Q. May 4th, 1985: Steve Gonzales reported he was • 14 assaulted by Larry Llamas at Ernie's Bar. Did that happen 15 inside the bar? Any more details on that, about exactly what 16 the relationship to Ernie' s Bar was to that allegation? 17 A. That was May 7th? 18 O,. No. It 's May 4th, of '85. 19 A. May 4th, okay. It says -- the victim stated that when 20 he walked into the bar, the owner, Mr. Llamas and Mr. Llamas' 21 brother grabbed him by the shirt and kicked him out of the bar. 22 And, that 's what the alleged assault -- it says: hair was pulled 23 and he was hit and kicked in the face several times by subject 24 Llamas and his brother. 25 Q. First of all, Larry Llamas or Leonard_ Llamas are_not • 44. • 1 the owners of the bar, is that correct? 2 A. Right. 3 Q. Okay. And, this complaining victim was so intoxicated 4 that he had to be taken to Detox? 5 A. I don't believe the state of intoxication determines 6 . Whether you go to Detox or not . 7 Q. Did he go to Detox? 8 A. The statement doesn't say. < 9 Q. Your report says -- 10 A. My report does not say whether he went to Detox. 11 Q. The Exhibit A states he went to Detox. Is that 12 correct? Do you know whether or not he went? 13 A. No, sir. I don't know whether he went to Detox or Ill14 not. Okay. He requested to go to Detox, so he was driven there 15 - by Deputy Cook. 16 Q. There isn't any indication as to whether he was 17 served at Ernie's or not? 18 A. No_ It just indicates that he went through. the front 19 door of the bar. This was Leonard and Larry Llamas, not the 20 owner, 21 Q. On the June 15, '85 and the June 30th, '85 incidents , 22 1 involving Mr. Corona and Maldonado, . do you know whether those 23 incidents were reported to the Sheriff 's Department by the 24 police or by Mr. Llamas , himself, of Ernie's Bar? 25 A. Okay. June 15th? • 45. • 1 Q jbm-u 2 A. Okay. That was advised by N.C.M.C. emergency room 3 staff : Advised that Mr. Martinez received an open, fracture.- 4 Q. Mr. Martinez? You may be talking about -- 5 A. That 'd be the victim. 6 Q. Pardon. 7 A. That 'd be the victim. 8 COMMISSIONER KIRBY: On June 16, we have a Maldonado . 9 MR. MICHAELS: Augustan Maldonado- was involved in an 10 auto accident . 11 THE WITNESS: And, Felix Martinez, they're both victims 12 I 'm not positive, but it indicates that N.C.M.C. , Northern 13 Colorado Medical Center, contacted the Sheriff 's Office. III 14 Q. (By Mr. Michaels) On 6-.30 of '85, who reported that 15 incident? 16 A. Deputy Dan Cooch was on the scene. 17 Q. On December 28, involving illegal aliens in- front of 18 the bar , what was the connection with Ernie 's there? 19 A. Okay. Deputy Coopermont with the Sheriff 's Office 20 was the reporting party. He said that , in his :report , while 21 he was in the area of East Eaton on another call , he observed 22 two subjects, both suspects, fighting in the street in, front of 23 Ernie 's. Tie has no indication in his report, other than being 24 in front of Ernie's Bar, as to any connection with it . 25 Q. Does it say how far in front of Ernie's Bar? • 46. • 1 A. No, sir. 2 Q. And, you mentioned and testified to a car hit a child 3 at a high rate of speed? 4 A. That ' s what I was told_ 5 Q. Were you told if any connection at all existed between 6 that and Ernie' s Bar? 7 A.. The person that I talked to felt it was directly 8 related to Ernie's Bar , because the people go into Ernie's and 9 do not :attend to the children outside. The children that they 10 have, they do not take care of. Ar,_ ; they felt it was related 11 to Ernie's Bar. 12 I am not aware of the incident . It was before I was 13 employed by Weld County. • 14 Q. And, they were speaking in general , though? They 15 had no knowledge themselves of any relationship of Ernie's Bar 16 in the accident? 17 A. I did not specifically ask them that question, no. 18 Q. Now, this survey that you took, did you, at any time, 19 have any training in conducting public opinion surveys? 20 A. No, sir. 21 Q. Do you know what a valid sample of East Eaton would 22 be in terms of numbers, or whatever? 23 A. I know what it means. That 's why I tried to contact 24 everyone in the area. 25 Q. How many families are located in the area? 47. • 1 ' A. I did not count every house, I couldn't tell you that. 2 Q. How many people did you talk to? 3 A. A minimum of at least one or two with every house I 4 went. Some houses would have four or five people in them. 5 Q. And, in Paragraph 4 of this then, you put in your 6 personal observations. You say you've seen several persons 7 escorted from the bar that were unable to walk. When did you 8 see that? What were you doing at that time? 9 A. Okay. At different times I -- due to my knowledge of 10 the area, at different times of the night and different nights 11 of the week, there tend to be fights and disturbances in the 12 area. When I take a call and I 'm working in the North District , 13 I may park half a block, either north or south of Ernie's so III 14 that I can watch the traffic go down the street . I 'll sit and 15 write a report . I ' ll turn on the interior dome light and leave 16 the parking lights on, listen to the radio and write my report . 17 Occasionally, not every word, but every sentence, every other 18 sentence or every paragraph, I ' ll look up to observe the traffic 19 and people on the street , in case anybody is having any problems 20 or needs any assitance of any kind. And , during those occasions, 21 within the last year, I have observed that people have been 22 carried out of the bar and placed in cars. And, I made sure 23 that they were not the one's driving home, because I felt, due 24 to my prior experience as a police office-, that they were far 25 enough under the influence of an alcoholic beverage they were • 48. • 1 not capable of driving themselves. 2 MR,. MICHAELS: Thank you. No further questions. 3 MR. BROWN-. I don't believe I have anything further 4 on this witness. I would call Lieutenant Hayward. 5 • JAMES HAYWARD, 6 having been duly sworn, testified as follows: 7 DIRECT EXAMINATION 8- BY MR. BROWN 9 Q. State your name please, sir. 10 A. James R. Hayward 11 Q. How are you employed? 12 A. I 'm patrol and investigative Lieutenant of the Weld 13 County Sheriff's Office. • 14 Q. How long have you been with the Weld County Sheriff 's 15 Office? 16 A. Since January 1, 1978. 17 Q. Have you had occasion to do bar checks and 18 investigations that led you to Ernie' s? 19 A. Yes, I have. 20 Q. Specifically -- well, tell us what you recall about 21 those in the last year. . 22 A. My involvement in actual street patrol has just been 23 recent , where I was assigned to nights for a while. In August- 24 we had a second degree homicide that occurred in East - Eaton. 25 Because of my assignment -on nights, I get called—to- go to those 49 1 types of calls. Because of getting called out to go to this 2 particular homicide, I was later contacted by the family of the 3 victim of the homicide, and their concern was Ernie's Bar. 4 That it was a contributing cause to their son's demise. At 5 that point , I 'm somewhat obligated to look into some allegations 6 or possible infractions of that establishment. 7 Q. Were you able to draw any conclusions, on you own, 8 if Ernie's in any way contributed to the incident? 9 A. I don't think it contributed directly to that 10 particular homicide. It was a wedding party. The wedding 11 occurred at another location. The reception occurred at another 12 location and then some of the wedding participants and wedding 13 party migrated to East Eaton. Some of the individuals involved • 14 in the wedding were inside the bar. One of the witnesses, not 15 to the incident itself, helped us place the suspect , in fact , 16 in town that night. He rode up with the suspect , and was a 17 16 year old boy that was drinking inside of Ernie's. 18 Q. That was the suspect? 19 A. That was not the suspect. He had driven up with the 20 suspect that night. 21 Q. Okay. 22 A. Some of the other participants within the homicide, 23 be they witnesses or whatever , were not involved with drinking 24 inside Ernie's. There was quite a few juveniles as witnesses 25 outside the establishment late at night, 50. • 1 Q. Were they -- had they been in Ernie's? 2 A. Some-of them have beenin Ernie's in the past . On 3 that particular night , it' s hard to say, because our initial -- 4 our largest concern was to get information concerning the 5 homicide, not liquor violations at that time. It was later in 6 the investigation that we did try to find out if there was 7 any capacity to whether or not they were drinking in Ernie's. 8 The only one that I really came up with was the 16 year old. g Some of them fear that they're going to get in trouble, 10 regardless of whether you tell them they 're not . I did find 11 out that juveniles, when they do go into the bar on other 12 occasions, that they are stamped "Void" -- allegedly stamped 13 "Void" on their hand so they 're not served drinks inside of • 14 the bar. So they can be distiguished between other parties 15 that are of age. 16 On this particular night, a 16 year old stated he was -- he 17 received a beer from his girl friend's parents, not the liquor 18 establishment itself. lg The specific participants, the suspect, we're unable to 20 talk to; his attorney will not allow that, so we don't know if 21 he drank inside the bar. Some of the witnesses around him were 22 his family, and they haven't been overly cooperative in the 23 matter. Some of the other witnesses were juveniles and P4 obviously weren't in the bar and couldn't tell us if these • 25 people had drank. So, we ran into a lot of problems concerning 51. 1 that . 2 Q. Have you had occasion to be. in Ernie's and determine 3 that juveniles or an under aged patron was being served? 4 A. Yes, I have. 5 Q. When did that occur? 6 A. On September 7th, 1985. Deputy Ed Herring was in 7 East Eaton and he had made a car contact where the four 8 occupants of the automobile exited and left the car in the 9 middle of the street . I then responded up to East Eaton to see 10 if I could locate any of those persons. Myself and Deputy 11 Cooch arrived and we did a bar check to see if we could find 12 four individuals that could meet that description that left the 13 particular car that Deputy Herring had stopped. 14 We went into the establishment . There was approximately 15 15 people in the bar, icluding security. We saw four 16 individuals by themselves over on the south wall at a booth. 17 Everybody else was either close to the door or up at the bar 18 itself. We made contact with those four individuals. One 19 spoke English, the other three didn't. We asked for forms of 20 I.D. and I believe we received forms of identification from 21 three of the four. There was a beer in front of each one of 22 the individuals; no food on the table. The one individual that 23 we later identified as being under age did not look up, did not 24 speak English. He did, eventually, with the help of security, 25 produce identification. It wasn't any identification I 'd ever 52. 1 seen before, so I couldn't tell you if it was valid or not . 2 It was all in Spanish, but the numbers 64, 11, and 10 were 3 in sequence on it . He told us, through the security, that his • 4 birth date was September 10th, 1964. This was September, 6, 1985, 5 that would make him about four days short of being 21. He later 6 told us his birth date was November 10th, of '64 and then he 7 changed that later on to June of '64. So, looking at the 8 identification, I think his birth date's probably November 10th, 9 1964. So, he was 20 years of age. He was subsequently arrested 10 I don 't know his status, I think he was an illegal alien_ We 11 did get identification of the party that spoke English at the 12 place. He identified the bartender that served them. The 13 bartender subsequently made a voluntary statement to us of, • 14 yes , I served them beer. And, that was about all we got out of 15 him for the rest of the evening 16 MR. MICHAELS : For the record, I would like to object 17 to that being considered by the Board. Again on the grounds 18 that that occurred on September 7th. The preliminary probable 19 cause hearing was August 26th. And, I think that the Board 20 is limited to consider those issues and allegations and , 21 incidents as presented at that time. 22 MR. BROWN: I would certainly not agree with .that. 23 I think the probable cause hearing is just to determine whether 24 we have a hearing here. This violation certainly f'•its within 25 the allegations that have-been laid before the Board. . It fits 53. 1 within those because it ' s a service to a minor or under age 2 occupant of the bar. I think the question before the 3 Commission is w1i ether or not to renew the liquor license based' 4 upon the conduct of Mr. Llamas. And, it is perfectly within 5 your right to consider any, and all violations on any conduct 6 that occurred in the bar up to this point ; because you are 7 charged with deciding whether to renew that license. 8 MR. MORRISON: The matter to Board needs to consider 9 is whether sir. Llamas had adequate notice that issues such as- 10 this could be raised. So, you have to look at your Resolution 11 finding probable cause and determine whether this evidence 12 fairly falls within the notice given there. It is -- there is 13 , within that, a statement regarding violations with respect of 14 serving under-age patrons. 15 COMMISSIONER KIRBY: So, you don' t think the time is 16 essentially significant, then? 17 MR. MORRISON: I think it 's more the matter of the 18 type of violation. It is for the Board to decide. My opinion 19 would be the violation is more critical, than when it occurred. 20 CHAIRMAN JOHNSON: Any objection in terms of admitting 21 this in evidence? No objections? You may continue_ 22 Q. (By Mr. Brown) Have you spoken to any residents of . _ 23 the area? 24 A. Yes, I have. 25 Q. Specifically, if you're at liberty to tell us, who • 54 • 1 have you spoken ;,- to? 2 A. Subsequent to the hearing, the previous hearing here, 3 I did talk with Mary Archibeque, who has been a long time 4 resident of East Eaton; Paul Gomez, who has been a long time 5 resident of East Eaton. That was subsequent to the bearing 6 also, just outside of counsel chambers, here. Specifically about 7 their opinions as to what to do with Ernie's Bar. I have 8 spoken to other people. I have spoken to Ernie, himself on 9 two or three occasions. That 's probably the extent of it , I 10 guess. 11 Q. Did Mrs. Archibeque indicate to you, during the 12 conversation with you, that beer was being taken out of the 13 bar and being allowed to be taken out of the bar? 14 A. Yes, she did. 15 Q. She indicated she had observed that happen? 16 A. That's what she indicated; that she had seen alcohol 17 sold and taken out of the bar. Also, that alcohol comes outside 18 the doors and is given to people outside the bar. She also 19 stated that her son has been drinking in this bar since he was 20 16 years old, currently he is 20. And, he has quit going over 21 there, according to her, since the" homicide that occurred 22 August 3rd. 23 Paul Gomez registered his complaints about noise that the 24 people that come into the area make, kids left outside, the 25 litter. He's lived there 30 some years and he felt that it was • 55. 1 probably one of the worst times for this particular 2 establishment _ 3 Both of their opinions were that they wanted the place 4 closed, as far as a bar. I don't believe they were opposed to • 5 it becoming something to the effect of a grocery. store or 6 whatever 7 MR. BROWN: I believe that's all. 8 CROSS EXAMINATION 9 BY MR. MICHAELS 10 Q. Lieutenant, have you had any direct conferences or 11 consultations with the owner, Mr. Llamas? 12 A. Yes, I have. 13 Q. And, what dates were those on, the substance of those • 14 conversations? 15 A. One of them was approximately three or four days, or 16 later, after the homicide. I stopped in at the bar to talk with 17 him in the area between the restaurant and the bar, it 's kind of 18 put together. I asked him if he had any problems if we stepped 19 up some bar checks of the establishment . That , we 'd like to 20 develop arapport with his staff , with the people of East Eaton 21 on our drive throughs. To show that we -- you know, we're trying 22 to be friends with them all . Because, the last person they want 23 to talk to up there is the police. That we wanted to be able to 24 come into the bar area and talk with these people openly and 25 friendly back and forth. That, we did not want to . harass them I 56. • 1 in any manner. By stepping up the bar checks we didn't want to 2 create any hardships for people that are coming there, that 3 don't want us there trying to run them off and that type of 4 thing. That was in early August . Then, I talked to him 5 briefly outside after the last hearing about the same type of 6 thing. And then, real briefly on the evening that this 7 gentleman was arrested for under-age, at the bar. 8 Q. Now, at the preliminary hearing in this, you testified 9 that Mr_ Llamas was kind of, I think you used the phrase • 10 "double edged sword" in reference to this. That he was sort of 11 "damned if he does and damned if he doesn't , " as far as 12 cooperating and contacting the Weld County Sheriff ' s Department, 13 would you elaborate or explain that,:please.' • 14 A. I think this is something that has to be watched 15 carefully --these matters. If a problem does occur inside the 16 establishment something that he needs to do to get it rectified 17 is to call the Sheriff ' s and I think if you find him being the 18 reporting party, reporting problems within the bar, I think one 19 would try to take that that he's doing his job to bring the 20 problems forth to get it simmered down. Also, to request drive 21 throughs at his establishment; or also get out and come into 22 the business trying to show that no problems will occur. 23 That , the establishment and the police work hand-in-hand. 24 You don't see him as the reporting party very often. He, 25 may, if the thing occurs outside, but then our main concern is 57. • 1 to handle the initial call itself and not necessarily the liquor 2 problem. And, on this we've had to go back and try to 3 re-interview these people, possibly to see if they were, in 4 fact, drinking inside and so forth. So, I think/you have to be 5 real careful in these matters. Is he taking steps to keep the 6 place clean? Is he sweeping it under the mat? Is he pushing 7 it outside? Is the establishment itself creating problems? • S For instance, when I drive through, my shift is from three to • 9 midnight and I try to hit it once or twice in a shift. If the . 10 bards closed, you don't find anybody hanging out on the street, 11 you may see a couple of cars parked on the street and that ' s it . 12 If the bar' s open you find lots of people standing outside, 13 sitting in cars, music coming around, throughout the night. So, • 14 that ' s the kind of thing I look for. 15 Q. Now, these people don't necessarily have anything to 16 do with Ernie' s Bar? 17 A. They may or may not. I suppose if you stopped and 18 talked to them and asked them if they've been in or are planning 19 on going in, you could determine that . But , when the bar's 20 open, it has .a tendency to attract them. When it ' s closed, 21 there's usually not anybody out there. There's more activity 22 if the bar's open. 23 (1. But , the murder at the wedding, you didn't testify to 24 this as yet, but, was there a keg of beer that was at some 25 location near Ernie's Bar, was there a party away from Ernie's 58. • 1 Bar? 2 A. I honestly don' t know if the keg existed. I did not • 3 see it. I went to the hospital first off and didn't get up to 4 East Eaton until approximately four or five o 'clock in the 5 morning. I have heard that there was a keg that was there. I 6 don' t know exactly when everybody got to that location. I 7 didn 't personally observe a keg outside. 8 Q. But , the only connection you were definitely able 9 to make, was the 16 year old juvenile? 10 A. He was one major connection. Because, he come up 11 with the defendant . 12 Q. But , that ' s the only connection with Ernie's Bar? 13 A. On that evening? • 14 Q. Yeah. 15 I A. In the specific questions that we asked concerning 16 liquor problems, yes. That 's the only one I could come up with 17 specifically attached to the bar and the homicide together. 18 Like I say, our major concern was the homicide, not the liquor 19 problem at that time. And, I talkeu to him three or four days 20 after the homicide. 21 Q. Now, is it illegal , per say, for someone under the age 22 of 21 to be in Ernie' s Bar? 23 A. Is it illegal or legal? 24 Q. Illegal , is against the law. 25 A. My understanding, because of his license , I think he 59. 1 can have somebody under the age of 21 in there. I 'm not 2 positive on that . That 's a question for the liquor enforcement. 3 But , that 's my understanding, that they are allowed to be there. 4 Q. Is it , in your opinion, is it illegal for a juvenile 5 to be drinking a beer in the bar. Now, we have to assume this 6 is without the knowledge of the employees or the owner, I think, 7 but if his parents had slipped him a beer, is the bar 8 chargeable as a violation of state law? 9 A. I don't know. I think they probably would be. We 10 did not cite this matter, the only one we cited was the 11 20 year old. 12. Q. Now, that 's the September 7th, -- 13 A. On the 16 year old, I would imagine that they III14 could be cited because the management of the bar is to have 15 exercisable control there. They have to make sure that 16 everything is in order. 17 Q. Now, was there any proof on the September 7th 18 incident, that the bar sold the beer to that particular 19 juvenile? 20 A. The proof that I 've seen is, the person identified as 21 the bartender stated he sold the beer to those four individuals. 22 He was fairly hot-tempered, but he did make that statement 23 outside. He also was a little worried. He stated he had just 24 gotton out of the penitentiary. So, I don't know what the 25 status of him is with the bar; but, he stated he was the 60. • 1 bartender. He served those four individuals. 2 Q. Now, there was an assault of Alvin Jones. Is that 3 the attorney that was assaulted? 4 A. The attorney that I 've heard was assaulted, he has 5 never made a case with the Weld Sheriff's Office. 6 Q. Okay, and that's not one of the alleged incidents 7 here? 8 A. On the attorney? 9 Q. Yeah. 10 A. I don't believe it is. I 'T not sure. 11 Q. What has Mr. Llamas' attitude or what has he expressed 12 to you, when you talked to him about increased surveillance 13 by the Weld County Sheriff 's Office, for instance? 14 A. He, in talking to me, he stated he welcomed that. He 15 didn't have a problem with it . He was willing to have us up 16 there. He has .yet to call to have us come on a drive through, 17 that I 'm aware of . But , said he didn't have any problem with it. 18 He felt that it wouldn't hurt his business at all. He didn't 19 have any major problems when he spoke straight out to me. , 20 Q. Has he ever, in any of your conversations with him, 21 been anything less than cooperative with you? 22 A. A little bit, the night on the 20 year old being 23 arrested out there. But, I think mainly because he felt that 24 be was going to get charged. I think he wanted to be a little 25 leery of what he did or didn't say' and"that's understandable. 61. 1 I don't hold that against him necessarily, but I think 2 when you're in business, I think probably the truth would be 3 the better matter . He kind of kept things slow. He didn't 4 really want it to happen for us to figure out who the bartender 5 was. I also realized that he was going to be a possible 6 defendant in that matter, and I respect his right not to. say 7 too much, too. 8 Q. How many times, do you know, has he contacted the 9 Weld County Sheriff 's Department , he or an employee of Ernie's 10 Bar? 11 A. I'm not aware of any of the cases that are brought 12 forth. I'm not sure he' s a reporting party on any of those. 13 I would say it 's minimal , as far as him being the reporting 14 party. I can find that out. 15 Q. But , you don't really know? 16 A. I could get that figure. 17 Q. You stated at the initial hearing you haven't had any 18 problems brought to my attention with Ernie's Bar, or any,of 19 the officers going in, so I would say, at least at this point, 20 it 's relatively new, it' s less than a month old, but he's 21 cooperating with the officers at this time, is that still a 22 correct and accurate statement? 23 A. I haven't really gotten anything that says he' s been 24 less than cooperative with our office in matters. I 've pulled 25 a number of bar checks with a number of officers that have made • 62. • 1 bar checks since August 4th to September 17th, and I have yet 2 to have one of them state that he's -- you know, pushy about 3 things or gives them any problem whatsoever. So, I 'd say 4 at that point he's cooperating with the officers. 5 MR. MICHAELS: I thank you lieutenant. No further 6 questions. 7 MR. BROWN: We call Paul Halloran. 8 PAUL HALLORAN, 9 having been duly sworn, testified as follows: 10 DIRECT EXAMINATION 11 BY MR. BROWN 12 Q. Would you state your name, please. 13 A. Paul Halloran. • 14 Q. And, how are you employed, sir? 15 A. I work with the Weld County Housing Authority. • 16 Q. In that capacity, do you have any relationship or any " 17 contact with the East Eaton area? 18 A. Yes. We're currently conducting a housing 19 rehabilitation program, and I frequent the community to check on 20 the progress of those programs. 21 Q. Have you had an opportunity to talk with the 22 inhabitants there around East Eaton and around Ernie's Bar? 23 A. Yes. As part of my work, I talk to the residents of 24 the community upon every visit , to see how well the work is 25 progressing. • 63. • 1 Q. Okay. And, have you talked to some individuals who 2 'have indicated they're dissatisfied with Ernie's Bar? 3 A. Yes, I have. For about seven years I 've worked in 4 the area and since that time there's always been dissatisfaction 5 with the bar. And, within the last year that sense of 6 dissatisfaction has increased. There 's a feeling there, amongst 7 the residents that have worked there for a long time, that the 8 management is a little looser than it had been in the past , and 9 there' s a greater . sense of concern for the community welfare, 10 because of that . 11 Q. Okay. Do you have any specific -- were. any specific 12 examples of ways that the management was looser expressed, that 13 you can recall? 14 A. Well, I can't think, at this point , outside of the 15 fact that they feel that the offenses that have occurred all 16 ready, were partly due to the management of the bar. The 17 murder was one, because of the individual involved. -He was 18 very well known in the community. And, it was a sense that the 19 bar contributed in some way contributed to that incident In pert 20 the serving of minors is another thing, that 's been all ready 21 spoken to, that a lot of the residents feel is a corrupting 22 element in the community. 23 Q. Is there some dissatisfaction expressed in the 24 economic sense, that there's a development problem for East 25 Eaton, because of the bar? 64. • 1 A. Since I 've been working out there, there's always 2 , been a sense of confusion in the larger community as to the 3 differentiation of the character of the community as to the 4 nature of the residents versus the nature of the bar clients. 5 And, because of that, progress and organization within the 6 community has been very difficult ; because, as most people will 7 perceive, that community it is as a area w:aere you are taking 8 your life into your hands by entering into it . And, my sense 9 after having worked there these years, has been the exact 10 opposite is true. The residents, for the most part , are young 11 families with young children, elderly pensioners that have 12 absolutely no reason at all to break any law or create any 13 trouble for anybody else. And, because of the incidents over • 14 the last years, there' s been a gradual erosion of the community, 15 the opinion of that community in the larger community, and it 16 contributed to resentment or resistance towards assisting 17 that community and their projects that they have undertaken 18 in the last few years. 19 Q. So, the residents you've spoken to, that you have 20 contact with, do not frequent the bar? 21 A. Well, some of them do, but most would not. 22 Q. Have you seen anything that you would consider out of 23 the ordinary in the operation of the bar? 24 A. No, I can 't say. The times that I 've been in the bar 25, there have been fights, but that ' s something, I guess, you 1i 65. • 1 could expect in almost any one. No, I can't say. I , personally 2 couldn't speak tO that . 3 MR. BROWN: I believe that 's all I have. 4 CROSS EXAMINATION 5 BY MR. MICHAELS: 6 Q. What occasions were you in the bar when you witnessed 7 the fight? 8 A. It was New Year' s Eve, 1984-85. 9 Q. And what happened as a result of that? I mean was 10 it -- were the police called, was the fight getting broken up? 11 A. Yeah, the individuals were taken outside. 12 Q- Okay. Other than the murder incident, what other 13 specific incidents have you heard from people that would • 14 indicate the management is looser than it used to be? 15 A. I think I stated that . People feel there's a general 16 lack of control of the bar. Specifically, minors are being 17 served, that as people leave, there's very little control on the 18 behavior conduct of these people. 19 Q. Is that though -- and I sort of took your testimony 20 to -- or you were saying, over the years and things. Is there 21 a distinct -- can you distinctly attribute this to September of 22 1984, which was a year ago. Or, is it, a collective sort of 23 opinion, formed over the years by various people? 24 A. Well , I could say that the people who live there have 25 expressed a distinct difference in the conduct of the bar since • 66- I • 1 Ernie' s taken it over. 2 MR. MTCHAELS: No further questions. 3 MR. BROWN: I call Tracy Ehn. 4 TRACY EHN, 5 having been duly sworn, testified as follows : 6 DIRECT EXAMINATION 7 BY MR. BROWN: 8 Q. State your name, please, sir. 9 A. Tracy Ehn. 10 Q. And how are you employed, sir? 11 A. Police officer for the town of Eaton. 12 Q. Okay. Your actual district or area of responsibility 13 would not cover East Eaton, is that correct? 14 A. It would not . 15 Q. Do you have occasion, though, to be called in to 16 assist the Sheriff ' s Department on certain. reports? 17 A. We do. Any time we're called for assistance we 18 usually try to respond to assist , yes, sir. 19 Q. In regard to that , in the last year, have you been • 20 called over to assist? 21 A. Yes, we have. 22 Q. And, in what particular way have you assisted during 23 that time, sir? 24 A. We've been called over on several occasions. On - : � 25 fights in progress Some type of disturbance in that spectrum_" 67. • 1 Q. What would you find when you got there? 2 A. Most of the time when we arrived, upon arrival at the 3 scene we tried to sit back and watch until we got in a Sheriff 's 4 deputy officer in the area, when we would go in with him. If 5 it ' s a nature that warrants us to go in immediately, if 6 somebody's been injured or upset we' ll go in. Most of the time 7 when we arrive, when we get called to assist , the fight 's been 8 broken up or the disturbance has been broken up. I don't have 9 the dates. We've been called over there on a fight in progress 10 and once our patrol unit pulled in, I believe there was four 11 of us officers, myself another full time officer and two 12 reserves. As we pulled in I heard somebody hollar, there's the 13 Eaton cops and our patrol car got it with beer cans. • 14 Q. Now, are these -- where are these people. 15 A. They're right -- as we pulled in from the north -- 16 correction the south, off of Factory Road. going south -- going 17 north into East Eaton, it would be right across the street' from 18 Ernie' s Bar . 19 Q. Were they standing right there in the street? 20 A. No. They were up against the cars. 21 Q. What other -- have you had any problem in Eaton itself 22 from people that have been in Ernie's? 23 A. I haven 't myself. We did have one report, I believe 24 that was on 6-15 of '85, when a party by the name of Billy 25 Johnson came into my office and wanted tc talk to me about a • 6o • 1 Mr. Martinez -- correction, it would be a Mr. Maldonado, if it's 2 the correct pronunciation. The vehicle had been taken and in 3 talking to Mr. Johnson I asked him where the vehicle had been 4 taken at , he said in East Eaton. And, I said, we have to get a 5 hold of the Sheriff 's Department , but , Mr. Johnson informed me 6 that Mr. Maldonado did find his vehicle. And, also stated that 7 a party by the name of Felix Martinez was seriously injured in 8 East Eaton. I asked him where Mr. Martinez was and - 9 Mr. Maldonado did take me to 112 Maple Street -- Maple Avenue 10 in Eaton. Looking at Mr. Martinez, his jaw was swelling, was 11 swelling quite much. I 'm no -- it just looked like it had been 12 fractured. Mr. Martinez could not speak English that well . 13 Mr . Maldonado could speak enough to try to• translate. We asked • 14 Mr. Maldonado to ask Mr. Martinez where this occurred at . He 15 stated it occurred at East Eaton. I advised Mr. Maldonado that 16 Mr. Martinez better be taken to the Weld County Hospital for 17 examination.: . We did leave there. Mr. Maldonado did take us to 18 where he found his car. We called the Sheriff 's Department to 19 come in. I believe it was a Corporal Sykes, I don't remember 20 the name. And, upon finding the car, all the windows had been 21 broken out , the battery had been taken out , the vinyl top had 22 been cut. Mr. Maldonado was asked, once the deputy arrived, 23 what had happened. The reason I didn 't ask him any questions 24 about the incident was he was scared. Illegal aliens afraid 25 they were going to get sent back home. I didn't want him to • 70 • 1 have to repeat his story twice. He was scared .enough the way 2 it was. He stated to the Sheriff' s deputy that he had been in 3 Ernie's Bar drinking, they'd come out , got into their car, 4 backed up and hit the rear end of another vehicle. And, these 5 people that had the other vehicle said something to him and 6 took after him. Mr. Martinez took off running and they caught 7 up with him and he doesn' t remember how many times he was hit, 8 and he remembers going down. 9 Q. And, this all happened right out in front of Ernie's 1.0 Bar, right? 11 A. The vehicle messed up was taken from them by Ernie's 12 Bar. The car was driven to another party' s residence, I believe 13 it was Rodriguez ' residence in East Eaton. Another party with 14 Mr. Martinez, I did not get his name, but I 'm sure the Sheriff 's 15 Department did, took off running and they caught him on the 16 west side of the railroad tracks right nest the the little park 17 there, we have in Eaton, between the railroad tracks and 18 Highway 85. The assistant said there was a report that started 19 in East Eaton. The vehicle being stolen, and as it followed 20 on down through, the assault occurring in Eaton, but in one 21 continuous episode. So, we turned everything over to the 22 Sheriff 's Department . 23 Q. Officer, generally there is -- is there other crime in 24 ' East Eaton, in the general sense, domestic disturbances, etc_? 25 A. I don't understand the question. 71. • l Q. Is there other crime, not related in any way to 2 Ernie's Bar, in East Eaton? 3 A. I'm sure there is. 4 Q. Do you have occasion to investigate those? 5 A. No, I don't. 6 Q. Do you have any opinion as to the frequency of crimes 7 compared to other parts of Eaton, that is in your jurisdiction? 8 A. I didn't understand that one either. 9 Q. What 's the rate of crime in East Eaton as compared to 10 the part of Eaton that ' s under your jurisdiction? 11 A. For assault type crimes, I would have to say we're 12 low. I would say there's a little bit more in East Eaton than 13 there would be on the west side of Eaton. • 14 • Q. What about domestic violence? 15 A. I would say, domestic problems, we probably have more. 16 Q. Now, the patrol car incident that was hit with the 17 beer cans, was that did your investigation reveal that was 18 in any way related to Ernie 's Bar? 19 A. I couldn't testify to the relation with Ernie's Bar , 20 but the parties that we contacted had been drinking. 21 Q. And they were across the street? 22 A. They were exactly across the street from Ernie' s Bar. 23 I think in front of the old Community Center, if I remember 24 right. 25 Q. And, there are houses there, too? • 72. ill 1 A. I believe there's two or three houses just north of 2 the Community Center. 3 MR. ::MICHAELS: I have no further questions. 4 CHAIRMAN JOHNSON: I am going to ask for a five 5 minute recess. 6 (Whereupon a recess was had and the following 7 proceedings took place at 5:45: ) 8 CHAIRMAN JOHNSON: Mr . Brown, I understand that 7n ' _ 9 completes your presentation? 10 MR. BROWN: That 's correct. 11 CHAIRMAN JOHNSON: Before we continue, I 've asked our 12 attorney to adviseus with regard to the submitted document, 13 Exhibit A. e 14 MR.' MORRISON: As I noted before, the issue -- well , 15 there's two ways, I think the document might be considered. 16 One is whether that should be allowed as being evidence possesi 17 _possessing probitive value commonly accepted by a reasonable 18 and prudent. manner in the conduct of their affairs. I also 19 would note that Article H (I) of the general procedures.. under 20 the administrative manual we ought to allow a brief memoranda or 21 other related information. And, using those two factors, 22 you should consider that information. Is that -- one, is that 23 relevant and two, is that something you would rely upon in 24 making decision in normal business. Keeping in mind that it is 25 acceptable to submit memoranda in-something like --this. 73. 1 CHAIRMAN JOHNSON: All right. Are there questions the, 2 Board would like to ask Lee about that? 3 COMMISSIONER' BRANTNER: Well , I have a question on 4 hearsay. We have heard quite a bit of testimony that a certain 5 person gave statements which was related to the document , can 6 we go ahead and consider that , also? Because the persons are 7 not here to be cross examined, isn't that hearsay? 8 MR. MORRISON: Well , it is. But , again that's a 9 question of, is that information you would rely upon in your 10 normal course of business, not technical hearsay. So, it 11 doesn't have any value. Probitive means, does it have any •-- 12 does it mean anything in terms of the decision you're being 13 asked to make. And, so if it goes for either supporting or • 14 rejecting the proposition to have been a violation and it's 15 the kind of information you would accept as having some merit , 16 you can consider it . 17 COMMISSIONER BRANTNER: Exhibit A, we have direct 18 testimony from the people that were involved in this document. 19 They were cross examined, so is it possible then to go ahead and 20 accept this and then kind of read out what we think -- 21 MR. MORRISON: You also have, even if you accent , 22 discretion to give what weight is appropriate to any particular 23 piece of evidence. So, portions of this may be given less ' 24 weigbt. 'You've heard- cross examination and may feel that it 's 25 entitled to less weight than others . • I 74. : 411 COMMISSIONER BRANTNER: How do we handle then, this 2 document . Would you handle it with a motion, or consensus, 3 or 4 MR. MORRISON: Technically, it ' s the Chairperson's 5 decision, but they can consult with the remainder of you to get 6 your feelings in the matter. 7 CHAIRMAN JOHNSON: Well, I always do that . So, what 8 I is the consensus? 9 COMMISSIONER KIRBY: I think it 's helpful, inasmuch as 10 a lot of the information is corroborated with other testimony, 11 and I think it ' s useful. 12 CHAIRMAN JOHNSON Other opinions -- dissenting 13 opinions? • 14 COMMISSIONER LACY: No dissenting. 15 CHAIRMAN JOHNSON: Here and now; I think I will rule 16 that we will accept this into evidence. 17 Okay. I 've explained to both of the attorneys the time 18 restraints of the Board. Mr. Michaels, you indicated- you would 19 like to make some remarks to the Board, st this point , is that 20 correct? 21 MR. MICHAELS: It is my understanding that I will be 22 allowed to present some brief testimony just to clarify a few 23 issues that have been raised so far. 24 The second phase of the hearing is one that will be more 25 -substantial as far as we're concerned. We have more testimony. 75_ • 1 We have more evidence to put on as to the counsel, the Board, 2 for Consideration in Phase 2. What, if any, sanctions should be 3 imposed. But , I just have some brief testimony now, with the 4 understanding we' ll be allowed to present our Phase 2 evidence 5 at a later hearing. 6 COMMISSIONER JOHNSON: All right . If you will 7 proceed, then. 8 MR. MICHAELS : Thank you. I would recall Mr. Sauter, 9 briefly. 10 DAVE SAUTER, 11 haying been previously sworn, testified on his oath as follows: 12 DIRECT EXAMINATION 13 BY MR. MICHAELS: • 14 q Q. Mr. Sauter, for the purposes of clarification, what 15 is the -- it ' s not illegal for a person under 21 to be present 16 in Ernie's Bar, . is that correct? 17 A. That 's correct. The only age requirement , as far as 18 the repeal establishment , is that a person can not procure or 19 have in his possession, or be sold any malt , vinous, or 20 spirituous liquor. If he's two months old, he can be in there, 21 but he can't have in his possession or be procuring, by getting. 22 it frott'his 'patents, things of that nature. 23 Q. Now then, if the situation was such that parents or 24 whoever supplied the juvenile with an alcoholic beverage, did 25 so-.in such a way that even the most attentive proprietor 1 7E ilk 1 couldn't detect it, he wouldn' t be guilty of a violation under 2 that circumstance, would he? 3 A. The law simply states that they cannot have in their 4 possession or procure. The licensee cannot allow them to 5 procure or have in their• possession a malt, vinous, or 6 spiritiuous liquor. 7 Q. Now, outside of the summons and complaint that was 8 issued on September 7th, Mr. Llamas has never been issued any 9 official violation or summons or complaint by the licensing 10 authority or law enforcement officials, is that correct? 11 A. I believe that 's correct. To my knowledge we do not 12 normally issue summons' or unless it warrants it . We feel you 13 can go either way, given the statutes' directions. However, we • 14 usually like to take the reports and respond to the local 15 licensing or the state authority and let them make the 16 decisions. We can, for instance, go back and cite a violation 17 through criminal court . However, needless to say, the court 18 system is back logged enough so we have another avenue and we 19 pursue the other avenue. 20 Q. But , there were no violations through the criminal 21 court , either, is that correct? 22 A. Except for the one incident . 23 Q. September 7th? 24 A. Correct . 25 MR. MICHAELS: No further questions. 77. 1 CROSS EXAMINATION 2 BY MR. BROWN 3 Q. I just have a couple of questions, with regard to 4 controlling what goes on in the establishment . What, exactly 5 is the owner's or operator' s obligation with regard-tori . 6 controlling his premises? 7 A. Okay. On several state hearings, we've had in the 8 past , this has been covered in detail . The licensed premise is 9 defined by a diagram. The licensee is licensed to sell, not 10 for taking liquor, malt, vinous, or spirituou' liquor off the 11 premise, and that would be the physical structure. However, 12 the licensees' premises- are his responsibility. By reasonable 13 means extends to its immediate leased area, such as if there's • 14 a vacant lot incorporated in his lease, or his additional 15 parking area that his patrons would frequent . Because they are 16 procurring his business, they are operating his business and 17 that's how we've handled it at the state hearings in the past. 18' O. So, there is a specific area within which he can sell 19 liquor, is that correct? 20 A. Correct . 21 Q. But , he is also expected to control areas outside of 22 that, as far as having liquor removed from -- things that go on 23 in the parking lot , things- of that sort? 24 A. To some extent , within reasonable grounds. 25 Q. If people are getting intoxicated in his establishment 78. • 1 and going out to the parking lot and- fighting, is he expected 2 to control that? 3 A. If they 're intoxicated that's a violation in itself. 4 If they were intoxicated in the bar and pushed out into the 5 parking lot , yes he would be responsible for their actions 6 because of the previous violation in, the bar. 7 Q: So, he's not to handle it -simply by pushing them out 8 in the street? 9 A. Correct . 10 Q. Now, the statute cited, Mr_ Sauter ; on Exhibit A, the 11 first page in charge two, 12-47-128 (1) (a) says: it is unlawful 12 for any person to sell, serve, give away, dispose of, exchange, - 13 deliver or permit the sale, serving giving or procurring of any 14 malt , vinuous, or spirituous liquor to any person under the age 15 of twenty-one. So, then it is not illegal, per say, for 16 someone to be in a bar that has someway obtained a liquor, 17 unless the establishment permitted it , now, isn't that true? 18 A. Well, I think the statue says that he can not allow 19 them to procure, which the definition I believe is obtain, an 20 alcoholic beverage. 21 Q. But, the statute does not say possess? 22 A. I just want to refer -- well , the 128 to 180 does 23 state in the second sub-section that the individual cannot 24 possess. That would be a charge against the individual himself 25 for possessing. Procurring is-- the operator letting the person • 79. • 1 have the alcoholic beverage in his establishment . 2 Q. Letting the person have it? 3 A. Correct . And, that 's my viewpoint on what procurring 4 means, letting him obtain it. 5 MR. BROWN: Thank you. That 's all I have. • 6 COMMISSIONER JOHNSON: Mr: Michaels , do you have any 7 other testimony? 8 MR. MICHAELS : Yes, I do_ I want to call Stella 9 Rosalez. 10 STELLA ROSALEZ, 11 having been duly sworn, testified as follcws : 12 DIRECT EXAMINATION 13 BY MR. MICHAELS : • 14 Q. Would you state your full name and your address for 15 the Board. 16 A. Stella Rosalez. 441 Wall Street , Eaton, Colorado. 17 Q. And, where is your home located in relation to 18 Ernie's Bar? 19 A. It 's connected to Ernie's Bar. Right next door. 20 Q. How many feet separates them? 21 A. It 's really not separated. It ' s connected right to 22 it. 23 Q. What -- on August 3rd, of 1985, in the proximate _ 24 location of your house, was there a murder following a wedding. 25 party? • 80. E • 1 A. There was a murder there. But , according to what I 2 seen, I seen the victim across the -street with blood. Now, 3 the fight did occur in front of my home_ 4 Q. what involvement did you have with the 'wedding and the 5 party and the -- 6 A. 14'e went to the wedding and then when we got home, I 7 don't know how they ended up moving their truck from the other 8 side of Ernie's Bar to our driveway, but -- I don't know how 9 to explain this, okay, I was standing right outside. when the 10 fight started. 11 Q. Now, was there a keg there? 12 A. No. I guess they had moved the ;ceg there, but it 13 disappeared and they were going crazy looking for it there for III 14 awhile_ 15 Q. How long after the wedding did this incident occur? 16 A. Oh. I can't remember . ?Maybe half an hour after we 17s all got back to Eaton. 18 Q. So , there was only was anybody drinking or involved 19 with Ernie's Bar, in any way, that was in the wedding party? 20 A. I didn't go .intcy the bar, so I don't know who , from 21 the wedding party, was in there. 22 Q. Do you know, whether or not the. suspected perpetrator 23 of the crime or the victim were involved in Ernie's Bar at all" 24 A. I knew the victim: a little bit , and from what I know,' 25 he never went in there. • 81. . 1 Q. There was drinking at the wedding? 2 A. Yes. They had keggers at the wedding. 3 Q. And, you'd only been there half an hour before the 4 incident happened? 5 A. Yeah. 6 MR. MICHAELS: No further questions. 7 CROSS EXAMINATION 8 BY MR. BROWN: 9 Q. I'm sorry, your full name is what? 10 A. Stella Rosalez. 11 Q. Okay. And, how are you related to the actual owner 12 of the property in which Ernie's is on? 13 A. The owner is June Rosalez, she's my sister-in-law. • 14 Q. She's your sister-in-law? 15 A. (Gesture. ) 16 Q. Okay. And, did your husband own the bar prior to her 17 obtaining it? • 18 A. My husband never owned that bar. 19 Q. Never owned that bar. With regard to the stabbing, 20 you indicated that you saw this fight start? 21 A. th-hmm. 22 Q. And, who did you see start the f__ght? 23 A. Rudy. The victim, whatever you want to call him. 24 Q. Okay. And, did you see who actually stabbed the 25 victim? Il 82. ID 1 A. No 2 Q. Where had you gone to; ' at that point in`time? 3 A. I was in front right there where the fight was going 4 on at. But, I was hollering .for my husband. 5 Q: So, you weren't looking at the fight when the stabbing 6 occurred? 7 A. No. 8 Q. I notice you said the victim, as far as you knew, 9 had never been in the bar. 10 A. Right . As far as I know. 11 Q. Did you know the suspect? 12 A. The suspect? There were a lot: of suspects. Now, 13 two of them, two of the suspects --- well three of them, that • 14 they took in that night were my brothers. 15 Q. Okay. What about the other one? 16 A. Excuse me. 17 Q. You said there were three. Were there any others 18 that were taken in that night? 19 A. They were just looking for my brothers, that I know 20 of. 21 Q. Okay. Have your brothers ever been in Ernie's? 22 A. My oldest brother has. 23 Q. Was he also taken in? 24 A. Yes. But , he wasn't even -- he just got there when ; 25 the detective was investigating my husband, was when he got • 83_ . 1 - there. 2 Q. So, your family is involved in the investigation of 3 this murder? 4 A. Uh-hmm. . 5 MR. BROWN: That 's all I have. 6 MR. MICHAELS: No further evidence in this tier. 7 CHAIRMAN JOHNSON: All right , thank you. It is my 8 understanding we are at a point where- we have the task of 9 determining whether or not -- 10 MR. MORRISON: Any of those claims set forth on the 11 probable cause findings. Whether the burden has been met by,:' in 12 effect, the prosecution. And, if you do make that , then we will 13 go to Phase Two • 14 COMMISSIONER JOHNSON: Just to remind the Board, again. 15 the findings were the violations over the last year period of 16 the Colorado Liquor Code. Specifically, serving liquor to 17 persons under the age of twenty-one, serving to visibly 18 intoxicated persons, and failing to conduct the licensed premise 19y in a respectable manner, etc. I think those are all outlined 20 in your resolution, which is part of the packet with the long 21 sheet in it . 22 And, secondly, evidence showing excessive noise, rowdiness, 23 or disturbances on a continuous basis in the immediateaneal,of 24 the licensed premise, which has-been substantially as a result 25 of the operation of the licensed premise. _ -Those are'.the'.things 84. • 1 .that we have to determine having been proven or not proven. 2 MR. MORRISON: Right . And, you can find any or all . 3 It does not have to be, for you to proceed in the next phase, 4 you need not find all four. You need only find one. - 5 COMMISSIONER BRANTNER: If we find a violation of our 6 ordinance or state statute? 7 MR. MORRISON: Either. 8 COMMISSIONER BRANTNER: Either. 9 MR. MORRISON: But , the real standards are set in the 10 state statute, or primarily set . The other factors are items 11 that -- the second factor is items that appear in cases 12 regarding the renewal or suspension. 13 COMMISSIONER BRANTNER: That 's Phase Two? • 14 MR. MORRISON: No. That 's Paragraph 2 of your 15 probable cause. There 's evidence showing excessive noise, 16 rowdiness, and disturbances. Case law supports the finding of 17 that as the basis for not renewing. The other matters are on 18 One , A, B, and C, and specifically items that are set forth in 19 the liquor code as being unlawful conduct . 20 COMMISSIONER BRANTNER: Do you do it by motion? 21 MR. .MORRISON: You can. Once again, you have your 22 final decision has to be made on the record_ You can discuss 23 individual facts and ask for legal advice off the record and 24 in executive session. I don't encourage that . But , a motion 25 saying that the burden has or has not been met , possibly on each 85 1 of these, I think would be the best way to proceed. 2 COMMISSIONER BRANTNER: You need a motion on each 3 one? 4 MR. MORRISON: It's up to you. You could make a 5 motion that all had been met . If you feel one hasn't been met 6 you have to vote against that, so maybe the best way would be 7 to go through each of those and make a finding. 8 COMMISSIONER BRANTNER: Do you need a comment on the 9 motion? If we feel it has been met or not met , is that -- 10 MR. MORRISON: Yes. Any findings you might make, 11 either specifically or in general , are facts that support your 12 motion, or facts that are lacking. 3 COMMISSIONER BRANTNER: Madam Chairman, I 'm going to • 14 move that it has been shown -- proven -- help me with the 15 wording. Is that right? 16 MR. MORRISON: The burden of proof. 17 COMMISSIONER BRANTNER: The burden of proof has been 18 met in the show cause for the non-renewal of Ernie's Bar 19 license. Based upon the testimony .given to date, proving that 20 there have been violations in the last one year period by 21 Mr. Llamas, by any of the servants or .employees before the " 22 division of the Colorado Liquor Code and the rules and , • : 23 regulations authorized pursuant to it . Relating to: serving 24 malt , vinous, or spirituous liquor to persons under the age of 25 twenty-one years. 86. • • 1 We have heard testimony from Lieutenant Hayward, that he 2 in direct investigation had a 16 year old testify to him that 3 he was served in the bar. September 7th, there was also a minor 4 served. There were two instances ofdirect testimony of being 5 served of people under twenty-one years of age. 6 Serving malt, vinous, or spirituous liquor to a visibly 7 intoxicated person. We heard direct testimony of Officer 8 Ed Herring that he has sat on various occasions and observed 9 i intoxicated people being carried out and placed in cars or 10 pickups. It was in his opinion, as a police officer, that these 11 people were intoxicated to the point that they had to be 12 carried out. 13 Failing to conduct his licensed premise in a decent ,ill 14 orderly and respectable manner. Permitting cn his licensed 15 premise service of apparantly intoxicated persons and permitting 16 profanity, rowdiness, and other disturbances, offensive to the 17 sense of an average citizen, or the residents of the neighbor- 18 hood in which the licensed establishment is located. I think 19 every witness that testified, there was testimony given to 20 direct relationship of their visual observance of disorderly 21 conduct, plus uncleanliness of the area.. The intoxicated 22 backing of cars'. I think it was very evident by Lieutenant 23 Hayward's testimony that when the bar was closed, the people 24 that came to the bar -- when the bar was closed, there were not 25 these people there. There were not that many people on the • 87 1 streets. We also heard testimony that most of the people were 2 not from the area, so, therefore, it was not neighborhood 3 people that were on the street . That , there was people coming 4 into the area to frequent Ernie's Bar . 5 That , there's evidence showing excessive noise, rowdiness, 6 and disturbances on a continuous basis in the immediate area of 7 the licensed premise. I think my previous statements would '8 substantiate that . 9 I would also like to add as basis of my motion, testimony 10 from Paul Halloran, of his observance and visiting with the 11 people in the-area , of how the bar contributed to the, not 12 only the fights, assaults, and other bad activities, but also 13 the reputations that accompany this. And, I felt that Paul 14 testified and satisfied my judgment : that the bar did contribute 15 to that 16 CHAIRMAN JOHNSON: Is there a second of this 17 motion? 18 COMMISSIONER KIRBY: I 'll second. 19 CHAIRMAN JOHNSON: Motion made by Gene, seconded by 20 Bill to conclude that evidence has been presented to find cause 21 based upon the probable cause criteria that was established in 22 our resolution. Is there discussion on the motion? 23 COMMISSIONER LACY: I have a little problem. I don' t 24 have. a problem with most of the motion, I have a problem with 25 one part of the- motion, And, I guess if we went on these one 88. 1 _ • 1 by one, I could have voted against my part . 2 CHAIRMAN JOHNSON: Well , I guess Gordon, that 's what 3 discussion is for and as Lee pointed -out the purpose is that if 4 we concur that in any one of the instances that has been -the 5 case, that we do, in fact , have reason to continue with part 6 two. 7 I think it is perfectly appropriate for you to _- 8 COMMISSIONER LACY: I cannot vote against the motion, 9 because this has been proven in most instances. And, I guess 10 I would have to take a long look at it . In the period, and 11 when you get down to where you say, distributes on a continuous 12 basis in the immediate area of the licensed premise, which has 13 been substantially as a result of the operation. In other words, I 14 I have alittle problem with all of that, because of so much of 15 the activity coming in from outside the area -and- being involved 16 with what 's going on. 17 I agree with you, Gene, on the serving of a minor. I 18 agree with the testimony that we had, as far as the visibly 19 intoxicated person, or people coming out . 20 So, that was the only part that I had. I would vote yes 21 for the rest of the motion, that was the only part . 22 COMMISSIONER KIRBY: I think we can address some of 23 those things as to mitigating or similar circumstances. I think 24 we can go on to Phase Two, as far as the degree. And, so I 25 don' t have any problem with it and I think items three and. four • so. 0 i1 certainly were not proven in the evidence. That the licensee 2 is no longer a good character, or that 3 CHAIRMAN JOHNSON: Those weren't- even under 4 consideration. 5 COMMISSION KIRBY: No . Those weren't under 6 consideration, of course. 7 CHAIRMAN JOHNSON: Other comments? There being none, 8 I will call for a vote on the motion. All in favor say aye. 9 (Whereupon, all commissioners answered aye. ) 10 CHAIRMAN JOHNSON: The motion is carried. It would 11 appear then, that we should probably set a time to continue 12 this hearing, so that we can proceed with the second phase. 13 MR. MORRISON_ Yes_ • 14 CHAIRMAN JOHNSON: And, I think we have a complicated 15 factor with regard to the renewal time which is the 5th of 16 October. 17 MR. MORRISON: Well, it ' s my understanding that 18 a letter, at least under similar circumstances, that we can 19 issue a letter -- if we have to continue past the fifth - - 20 issue a letter to Mr. Llamas, and adivse the State that the 21 reason that the renewal has not come through is that it 's still 22 under consideration. So, that he would be allowed to operate 23 under the letter and Mr. Sauter would be aware that it would not 24 be a violation, to not have the renewal . 25 COMMISSIONER KIRBY: So, we could continue for two 90. 1 weeks? 2 MR. MORRISON: We could continue for two weeks. That 3 is my understanding. And, the contact with the State indicates 4 that, as well. 5 MR. BROWN: That's a'problem for us. Mr. Sauter will 6 be out of the state for about three weeks, beginning on the 7 9th of October. 8 COMMISSIONER BRANTNER: Mr. Saut''r , would you concur • 9 with our attorney 's opinion on, that they can operate without 10 a license with this letter? 11 MR. SAUTER: That' s correct . In the administrative 12 procedures act , if the license is being held up by a 13 administrative procedure, . 'then the existing license (inaudible) 14 until that matter is resolved. 15 CHAIRMAN JOHNSON: The Board of Commissioners will be 16 'out ,of town the first through the 4th, and you will be gone - 17 the 9th. That would make the next Wednesday the 16th of ' 18 October. 19 COMMISSIONER KIRBY: He's leaving on the 9th. 20 COMMISSIONER BRANTNER: Do we have to have a certain 21 amount of time? Can we act on it , even this week? 22 MR. MORRISON: You need to give the parties an 23 opportunity to present mitigating testimony as to litigation. 24 Your decision still may require more testimony. It doesn't 25 have to go a week, if we could find the time and everyone else 1: 91. • 1 could be here. 2 COMMISSIONER KIRBY: But , we don 't really have a 3 satisfactory time 4 CHAIRMAN JOHNSON: The 7th would be available; :`the 8th • 5 we begin budget hearings. So, we're not available on those 6 dates. 7 The 30th of September is a Monday, I don' t know whether 8 we could meet in the afternoon on Monday. Or, following the 9 Board meeting Monday morning. • 10 COMMISSIONER KIRBY: I would think if we have to set 11 it for the 7th; we ought to set it for like 1:30 in the 12 afternoon. 13 CHAIRMAN JOIc SON: All right . If there's no objection 14 we' ll set that hearing for Monday , October 7th at 1:30? • 15 Hearing no objection, we will do that . We will adjourn the 16 meeting at this time to be continued at the date just given. 17 (Whereupon the meeting was adjourned at •6;20. ) 18 19 Certified atrue and complete transcript . 20 Dated this /WI.- day of October, 1985. 21 22 yr- p 1/2 -f P.Atki Ta at et 23 Valerie S. Ant fiana Shorthand Reporter Notary Public 24 My Commission ES - 25 t 34t.f98P Sear • A letter was received from Mr. and Mrs. Ruben Olivas by the Board-of; County Commissioners on August 15, 1986, concerning an alley between 12th and Main Avenue in Fort Lupton: This letter was referred to the Engineering Dept. for any recommendation they may have. A letter was mailed on October 2, 1986, from Dave Becker of the Road E. Bridge Dept. indicating the action that was taken by his Department. No action was ever taken by the Board at a formal meeting. e4 tiltt DEPARTMENT OF ROAD AND BRIDGE (----Thii _ - PHONE(.J'3}3564003 111111De �Vicl.scELF cramt\\ 41PR C Jissir F£J P.O"BOX 758 nu.i�-'� r'��i r-1, GREELEY,COLORADO 806,3? A ( 0CT 61986 COLORADO GRE_t-EY. i October 2, 1986 r 1 s a 2 1 Y. Mr. and Mrs. Ruben M. Olives , 1252 Main Avenue r P. O. Box 96 • • Fort Lupton, CO 80621 x RE: Alley at 12th Street and Main Avenue Dear Mr. and Mrs. Olivas: We are sorry we have not responded to you sooner regarding your August 18 concerns with the alley at 12th Street and ≥4%ir Avenue. "Caution, Vehicles Entering Alley" signs with a sytti,. advisory of 25 repo were installed on September 22. In addition, property owners were also contacted on September 22 about trimming their trees Thank you for letting us know of your concerns_ If we can be of further help, please let us know. d Sincerely, Fa a A. Becker Assistant Director DAB/dm CcuRdssioner Frank Yamaguchi cc: Cairo ssioner Cordon cy Cleric to the Board V R & B cv ,plai„t File: Fort Lupton Fr+gincining File: Fort Lupton a �,_eOoo Ca 870224 N e,r 7/' /'•°r' ./e i9/77fi y .Uehr• Ord eur Qoe, t O'f) Yn70r5s,eprs D f/om J f YyrA Oenatrni t!l e fat Met"B ten" Jiv8 In I, it Ahd niAin APP o3io'„sey,et, Are ,4pv>ny Aof5 o/ 67'�re ;JeYns �ifh 0Ars SPead:y'" 117 /lb thi 5 Ills, ZJhiieh is Getf en �C�A7 g g:// oil 0s to jo fat Ri d i n. t den? , on Aeten iii. 67, h/ 5 R//ey / �) / S A Pre 5fri, AP," yji fe 77��od Sl DDS 4au1n. ,�rtirk -VI re.ate A9,2 e, ihnie Pa/ s 4:Al O'/'f>7 l/ Ll; e .57 eajo n e &,yrn'eAe fij i n fks.,t le 3°l" � A�rzes trek/- �ar eXt,• 1zo � f / / 5 �j 6 -707 Ls d a gi„5 T lie C`%!rn t/os�s Z5 t&e 0 i- QP e S �1 0(lina//5 ale-en . 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COUcY 2 870224 • 12-7. 667x/149"51- _../0( 050 _7'32/9 ..e.;�. choir e5 .-.^ - s--7 - 0 870224 • On July 11, 1986, the Board of County Commissioners received a letter dated July 8, 1986, from Robert J. Yaklich concerning 800 acres for excavation of sand and gravel. A copy of the letter was given to Gordon Lacy and Jackie Johnson for their review. On July 15, 1986, Drew Scheltingaof the Engineering Dept. mailed a letter to Mr. Yaklich dening his request'. There was no Action taken by the-Board at a formal meeting. The Board considered this matter at a work session dated July 15, 1986. . 870225 lass G ( elz i 1 �� DEPARTMENT OF ENGINEERING AA( n. ç \ PHONE (W P.o.sox ms ��; • GREELEY..COLORADO 80532 ,iy® • COLORADO July 15, 1986 Robert J. Yaklich Yaklich & Company Realtors 5151 South Federal Blvd_ Littleton, CO 80123 Dear Mr. Yaklich: This is in response to your letter of July 8, 1986 requesting Weld County excavate sand and (ravel on your property. I am sure you are aware that Weld County did own the 800-acre parcel you are referring to. It was purchased several years ago for the development of gravel . However, after making excavations in the area and based on evidence obtained from soil borings, it was determined the gravel yield from this property was not economically sound. The Commissioners considered your request during a work session on July- 15, 1986. Because of our past experience at this site, the Commissioners cannot act favorably upon your request. Sincerely, ZL\.1 \ \ , - Drew L. Scheltinga County Engineer DLS/bf • xc: Commissioner Gordon Lacy Bruce Barker, Assistant County Attorney �C C.CO ;G 870225 S.rcr: 11 , 27:71 I ,:;: l ' i } July 8, 1986 U GR. County COMM iss inners . Weld County Greeley, Colorado 80362 RE: Davis Ranch Gentlemen: Yakiich and Company owns approximately 800 acres in Weld County located in Sections 1, 2, 11 and 12 T. 5 N. R 65 W, 5t. P- 15. situated south of Colorado Highway #263 and east of Fern Avenue The Cache La Poudre river runs through the entire east.-we-.-..t portion of the property and appears to have rich sand andgzmvel deposits. We would like to explore the possibility of aworktrng arrana.-ament with the County wherein the County might excavate sand and gravel in exchange for cleaning up the river and leaving some ponds for us. If this would be of interest to the County I would be available to schedule a meeting with your appointed agents to formalize an avreement. Sin erely, Robert klich, President Yaklic &, ompang Commercial Industrial Real Estate Individual Membership Society of Industrial Realtors Columbine //Square, • 5151 S. Federal Boulevard • Littleton,CO 80123 • (303)794-3416 cCi : cic%!i% 870225 On July 28, 1986, .the Board received a letter from Maxwell Laboratories Concerning a High Energy Pulser System for the Air Force: Bruce Barker, Asst. County Attorney, and the Engineering Dept. responded to this request on August 15. This matter was not considerd at a formal Board meeting. • • • 870226 OFFICE OF COUNTY ATTORNEY PHONE C. 356 coo4391 P.O DO 194' re----7"." P.O.EO%1948 Iif lik. GREELEYCOLORDO80632COLORADOAugust 15, 1986 Robert Galliano Maxwell Laboratories, Inc. 8888 Balboa Avenue San Diego, CA 92123 RE: Response to your July 21, 1986, Letter Concerning a Variance from Section 42-4-402 (1) , Colorado Revised Statutes Dear Mr. Galliano: This letter is in response to your July 21, 1986, letter requesting a variance for the Air Force' s Energy Pulser System from the 102-inch width requirement of Section 42-4-402 (1) , Colorado Revised Statutes. Enclosed is a copy of Weld County' s Special Transport Permit. The transport of any vehicle wider than 102 inches is only allowed after the issuance of such permit. In this case, the Weld County Engineer will be willing to issue a permit which shall be in effect for one (1) year_ This will enable the applicant to transport the vehicle over Weld County roads without obtaining a permit for each transport. Please have the applicant sign the permit and send the same to Alan Miller, Weld County Engineering Department, 933 Eleventh Avenue, Greeley, Colorado 80632. I have informed Mr. Miller of your request, and he has agreed to execute the permit for a one-year period upon receiving it. If you should have any further questions concerning this matter, please feel free to call me at (303) 356-4000, extension 4391, or Alan Miller and (303) 356-4000, extension 4750. eery truly yours • Bruce T. Barker Assistant County Attorney BTB:ss xc: Alan Miller Engineering Department ----P W C,' 3 873226 1 MA/\rr E MAXWELL LABORATORIES,INC. 8888 Balboa Avenue•San Diego,California 92123•Phone 619/279-5100 TWX 910-335-2063 r - July 21, 1986 10'17.);4:14 '7_7111—‘v. at JUL 2 8 tat Ms. Jacqueline Johnson, Chairman Board of County Commissioners <rr_Y• coLO. P. 0. Box 758 Greeley, CO 80632 Dear Mr. Johnson: Maxwell Laboratories, Inc. (MLI) is designing and manufacturing a High Energy Pulser (MEP) System for the United States Air Force, Ogden Air Logistics Center (00-LC). This System is used to provide vital testing of the Minuteman WS-133B Launch Control Facility (LCF) activities in support of the Air Force's Electromagnetic Pulse (EMP) Protection Program. This validation program is vital to the best interest of this nation and necessary to the defense of the United States of America_ The HEP System is considered a single piece of equipment comprised of several components. The major components are identified for your reference in Figure 1, with dimensions as outlined in Figure 2. The HEY equipment is permanently secured to the Van structure, the Van thereby becoming physically integrated with the electronic elements as a single unit. A crucial and mandatory requirement is that the HEY be transported to the various Minuteman wings located at several Air Force Bases within the continental United States. In reviewing your state's Statutes, which are the controlling state law for vehicle operations for compliance with size and weight limitations, it was noted that the width limitation is 102 inches. The REP Van is slightly wider, measuring 120 inches wide. Therefore, it is necessary that MLI request that your office provide MLI with a variance to the width requirement so that the required permits, that would allow ingress and egress from your state when transporting the REP System to the Air Force Base, may be obtained. 870226 r MAXWELL LABORATORIES, INC. 8888 Balboa AvenuesSan Diego. California 92123.Phone 619/279-51001WX 910-335-2063 Page 2 Board of County Commissioners Greely, CO 80632 July 21, 1986 The impact of not being able to use the current Van configuration is severe. The current REP system design and scheduled delivery to the Air Force are all based on the current Van dimensions. If the present design cannot be utilized, the cost to the government would increase by a significant factor and the design effort to reaccommodate the various components within the Van would delay the delivery schedule such that a timely start of the Minuteman validation for Electromagnetic Pulse Protection may be compromised. All of the above are not in the best interest of the United States of America. We therefore, based on the aforementioned reasons, respectfully request that your office grant us a variance to the transportation requirements within your state. Your prompt response to this request would be greatly appreciated. Sincerely, Robert Galliano RG:mlw Enclosures 870226 x V a Z Ul frc 2 g . :: Sw Y et E?, gi . h c6 CC CL RCA- ( a4 - i e 0 0 e e i ow e 0000 • Ca xa g a1M o % .. s xS I e ucee ' «« 3E of a e rV •tit ro , �Y W N ; •r_IMiw fS y i Y s• J lq {1 i p ›-R W o 2 gco 1_ o _to) aw m¢ • 870226 O ,- I E- 0 _0 3 A ?' sT 6 n (I j : 0, _ ,,,.....sts.„. 2 2 s s; Jpp m I • M t9'Ne C W N o � � cy • \ 30u › i wa m two a u, co: .w .,, \mil` LIFes- Q co � ' Q irk r t- 0 • ss • 870226 Hello