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Home My WebLink About930188.tiff r-. ti _r RESOLUTION RE: RESCIND RESOLUTION APPROVING OIL DIVISION ORDER TO PHIBRO ENERGY USA, INC. DATED FEBRUARY 8, 1993, AND APPROVE REVISED OIL DIVISION ORDER TO PHIBRO ENERGY USA, INC. 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, by Resolution on February 8, 1993, the Board did approve an Oil Division Order to Phibro Energy USA, Inc. , on which the legal description was described in error as follows: Township 5 North, Range 64 West, 6th P.M. Section 35: NZ NE4 Weld County, Colorado WHEREAS, Weld County, Colorado, has received a Revised Oil Division Order to Phibro Energy USA, Inc. , 500 Dallas Avenue, Suite 3200, Houston, Texas 77002, and WHEREAS, said Revised Division Order covers land more particularly described as follows: Township 5 North, Range 64 West, 6th P.M. Section 13: WZ NE4 Weld County, Colorado 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 Revised Division Order, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said Revised Division Order has been reviewed by a member of the Weld County Attorney's staff and found to be in order, and WHEREAS, the Board deems it advisable to rescind the Oil Division Order which was approved on February 8, 1993, and WHEREAS, the Board deems it advisable to approve said Revised 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the Resolution dated February 8, 1993, approving an Oil Division Order to Phibro Energy USA, Inc. be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board that the Revised Oil Division Order to Phibro Energy USA, Inc. , 500 Dallas Avenue, Suite 3200, Houston, Texas 77002, on the hereinabove described parcel of land be, and hereby is, approved. 930188 / -a/4l - � DIVISION ORDER - PHIBRO ENERGY USA, INC. PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Revised Division Order. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of February, A.D. , 1993. [/�� /� BOARD OF COUNTY COMMISSIONERS ATTEST: J f : Pd.% WELD COUNTY, COLORADO a�yyll Boar � u) !Y L T Weld County Clerk to the Board Constance L. H rbert, Chairman BY: de, S c� rl 44- - ��`,��+i / 7Lil Deputy Clerk to the Beams J\\ W. . Webstef, -Tem III APPROVED AS TO FORM: fo • • r or e-2 Bax�t�e� ,�ii County Attoo ey Dal K. Hall /Barbara J. Kirkmey@r O 930188 3 i C DIVISI0N ORDER 1 Lease No. 05027000 To PHIBRO ENERGY USA,INC DATE JANUARY 2 8, 19 9 3 Gathering Division 500 Dallas Avenue,Suite 3200 Houston,Texas 77002 Each of the undersigned severally and not jointly certifies it is the legal owner of the interest set out below of all the oil produced from the PARKER & PARSLEY - LOHR 13-1 farm or lease,located in WELD County/Parish,State of COLORADO more particularly described as follows N/2 NE/4 Section 35-5N-64W, 6th P.M. , Weld County, Colorado Effective 7 a m JANUARY 01, 1993 and until further written notice,subject to the conditions,covenants and directions hereof,Phibro Energy USA,Inc (Payor),its successors and assigns,are authorized to receive and purchase such oil and to give credit to the following OWNER LEASE INTEREST CREDIT TO NO NO NAME AND ADDRESS 05027000 FOR DIVISION OF INTEREST SEE REVERSE SIDE HEREOF. ,_____„,,) THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL The following provisions apply to each Interest owner(Owner)who executes this agreement TERMS OF SALE The undersigned will be paid in accordance with the division of interests set out above The payor shall pay all parties at the price agreed to by the operator for oil to be sold pursuant to this division order Purchaser shall compute quantity and make corrections for gravity and temperature and make deduction for impurities PAYMENT From the effective date,payment is to be made monthly by payor's check,based on this division of interest,for oil run during the preceding calender month from the property listed above,less taxes required by law to be deducted and remitted by payor as purchaser Payments of less than$25 00 may be accrued before disbursement until the total amount equals$25 00 or more,or until December 31 of each year,whichever occurs first Payee agrees to refund to payor any amounts attributable to an interest or part of an interest that payee does not own INDEMNITY Owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest,including but not limited to attorney fees or judgments in connection with any suit that affects owner's interest to which payor is made a party DISPUTE WITHHOLDING OF FUNDS If a suit is filed that affects the interest of owner,written notice shall be given to payor by the owner together with a copy of the complaint or petition filed In the event of a claim or dispute that affects title to the division of interest credited herein,payor is authorized to withhold payments accruing to such interest,without interest unless otherwise required by applicable,statute,until the claim or dispute is settled TERMINATION Termination of the agreement is effective on the first day of the month that begins after the 30th day after the date written notice of termination is received by either party NOTICES Owner agrees to notify payor in writing of any change in the division of interest,including changes of interest contingent on payment of money or expiration of time No change of interest is binding on payor until a copy of the recorded instrument of change or documents satisfactorily evidencing such change are furnished to payor Any change of interest shall be made effective on the first day of the month following receipt of such notice by payor Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party IMPORTANT NO PAYMENT WILL BE MADE UNTIL PHIBRO ENERGY USA,'Ng HAS YOUR SOCIAL SECURITY/TAXI D NUMBER WITNE Saidel4 SIGNATURE OF OWNER OWNER'S SOCIAL SECURITY OR ATTEST: WELD COUNT OLORADO IRS TAX ACCOUNT NUMBER er to oard • x 84-6000813 By, Constance L. Harb rt, Chairman Deputy ler to-Bo Weld County Boardlof Commissioners 02/10/93 P.O. Box 758 Greeley, Colorado 80632 51901 R L -Ot t4 I layout if.iititute wi'tiesset1? - -- 1s ytuit eo nett'itl(hes shown') - —to-- Include Zip Code EXHIBIT - A 01 /28/93 PAGE 1 LEASE NUMtER : 05027000 _EASE NAME : LOHR 13-1 s. +_CATION : WELD CO '' NER NU. INTEREST CREDIT TO 13 pc, 0. 00386900 0 PARKER °x PARSLEY DEVELOPMENT CO P 0 BOX 3178 MIDLAND TX 79702-3178 51; . C 0. 05438120 0 ENERGY MINERALS CORP 518 17TH #1010 DENVER CO 80202-4111 51 = 0: 0. 00140620 R WELD COUNTY COLORADO X BOARD OF COUNTY COMMISSIONER P 0 BOX 758 GREELEY CO 8062 52750 0. 12359380 R RALPH LOHR 29333 WCR #88 KERSEY CO 80644 ** 72501 0. 81674980 W PDP 88 DRILLING PROGRAM P 0 BOX 880245 DALLAS TX 75388-0245 1. 00000000 y4� • 9;2°134 DIVISION ORDER U ,i0 AR232366r R E V I I S E D Lease No. 05027000 To PHIBRO ENERGY USA, INC. DATE FEBRUARY 12, 1993 Gathering Division 500 Dallas Avenue,Suite 3200 Houston,Texas 77002 Each of the undersigned severally and not jointly certifies it is the legal owner of the interest set out below of all the oil produced from the PARKER & PARSLEY - LOHR 13-1 farm or lease,located in WELD County/Parish,State of COLORADO more particularly described as follows W/2 NE/4 SECTION 13-5N-64W, 6TH P.M., WELD COUNTY, COLORADO B 1372 REC 02323668 03/02/93 16 :34 $0 .00 1/002 F 1081 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Effective 7 a m JANUARY 01, 1993 and until further written notice,subject to the conditions,covenants and directions hereof,Phibro Energy USA,Inc (Payor),its successors and assigns,are authorized to receive and purchase such oil and to give credit to the following OWNER LEASE INTEREST CREDIT TO NO NO NAME AND ADDRESS 05027000 FOR DIVISION OF INTEREST SEE REVERSE SIDE HEREOF. THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL The following provisions apply to each interest owner(Owner)who executes this agreement TERMS OF SALE The undersigned will be paid in accordance with the division of interests set out above The payor shall pay all parties at the price agreed to by the operator for oil to be sold pursuant to this division order Purchaser shall compute quantity and make corrections for gravity and temperature and make deduction for impurities PAYMENT From the effective date,payment is to be made monthly by payor's check,based on this division of interest,for oil run during the preceding calender month from the property listed above,less taxes required by law to be deducted and remitted by payor as purchaser Payments of less than$25 00 may be accrued before disbursement until the total amount equals$25 00 or more,or until December 31 of each year,whichever occurs first Payee agrees to refund to payor any amounts attnbutable to an Interest or part of an interest that payee does not own INDEMNITY Owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest,including but not limited to attorney fees or judgments in connection with any suit that affects owner's interest to which payor is made a party DISPUTE WITHHOLDING OF FUNDS If a suit is filed that affects the interest of owner,written notice shall be given to payor by the owner together with a copy of the complaint or petition filed In the event of a claim or dispute that affects title to the division of interest credited herein,payor is authorized to withhold payments accruing to such interest,without interest unless otherwise required by applicable statute,until the claim or dispute is settled TERMINATION Termination of the agreement is effective on the first day of the month that begins after the 30th day after the date written notice of termination is received by either party NOTICES Owner agrees to notify payor m wnting of any cnange in the division or interest,int.luulug ldidnguu Vl 1111G1GJl l.Ullllllgelll Ull payment Ul uivuvi Vl expiration of time No change of interest is binding on payor until a copy of the recorded instrument of change or documents satisfactorily evidencing such change are furnished to payor Any change of interest shall be made effective on the first day of the month following receipt of such notice by payor Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party IMPORTANT NO PAYMENT WILL BE MADE UNTIL PHIBRO ENERGY USA,INC HAS YOUR SOCIAL SECURITY/TAX I D NUMBER WITN ES SIGNATURE OF OWNER OWNER'S SOCIAL SECURITY OR ATT /J t IRS TAX ACCOUNT NUMBER dd / rt + WEL UNTY COLORADO X ,114 /V ,"f i 1 BY. - 3 X 84-6000813 WELD COUNTY LE TO.,$,QARD CHA RMAN, WELD COUN BOARD OF COMMISSIONERS BY. �( >1 P.0. BOX 758 DEPUTY LERKttAR41.7 FORM" ORDS _ A NOT TO BE RETURNED 930188 _ 51901 R I �p?�fitgg�1 Lr%(-)/ Lf/ Is your signature witnessed'' —ea—— — Is your correct address shown' �— —2;trAt 's'; 5:,de EXHIBIT - A 01 /28/93 PAGE 1 LEASE NUMBER : 03027000 LEASE NAME : LOHR 13-1 LOCATION : WELD CO OWNER NO. INTEREST CREDIT TO 13980 0. 00386900 0 PARKER & PARSLEY DEVELOPMENT CO P O BOX 3178 MIDLAND TX 79702-3178 51830 0. 05438120 0 ENERGY MINERALS CORP 518 17TH M1O1O DENVER CO 80202-4111 51901 0. 00140620 R WELD COUNTY COLORADO +. aa.% n� nroiuw nnuu�ce+n�enr P O• BOX 758 GREELEY CO 80632 52750 0. 12359380 R RALPH LOHR 29333 WCR *88 KERSEY CO 80644 ** 72501 0. 81674980 W PDP 88 DRILLING PROGRAM P 0 BOX 880243 DALLAS TX 75388-0243 1. 00000000 B 1372 REC O F 1082 MARYANN3FEUERSTEION/93 CLERK6&3RECORDE0 WELD /002 CO, CO c 930188 WV& "" Phibro USA an Phibro Energy USA, Inc. _. 500 Dallas Ave., Suite 3200 Houston, TX 77002-4709 • - re-^1 (713) 659-3525 (713) 646-5275/fax 3736083/telex C February 12, 1993 Weld County Colorado c/o Board of County Commissioner P.O. Box 758 Greeley, Colorado 80632 Re: 05027 - Lohr 13-1 Weld County, Colorado Gentlemen: Per our conversation with Shelly Miller enclosed is a revised division order which reflects the correct property description. Please secure proper execution (two witnesses or attest) , enter the tax identification number and return one copy to us in the enclosed envelope. Thank you for your attention to this matter. Sincerely, PHIBRO ENERGY USA, INC. (2d Sue Clark Division Order Analyst (713) 646-5368 Enclosure X018. ; " Phibro USA Phibro Energy USA, Inc. 500 Dallas Ave., Suite 3200 Houston, TX 77002-4709 -- -- �� (713) 659-3525 -(713) 646-5275/fax 3736083/telex February 5, 1993 TO ALL OWNERS OF INTEREST RE: 05027 - LOHR 13-1 Weld County, Colorado Dear Owner: It has recently come to our attention that our division order issued January 28, 1993 reflected an incorrect property description. The correct description is as follows: W/2 NE/4 Section 13-5N-64W, 6th P.M. Please attach this letter to your file copy of the division order. Thank you for your attention to this matter and please call should there be any questions. Sincerely, PHIBRO ENERGY USA, INC. Sue Clark Division Order Analyst (713) 646-5368 930188 Phibro USA Phibro Energy USA, Inc. 500 Dallas Ave., Suite 3200 Houston, TX 77002-4709 (713) 659.3525 (713)646-5275/fax 3736083/telex January 26, 1993 TO ALL OWNERS OF INTEREST RE: 05027 - Lohr 13-1 Weld County, Colorado Dear Owner: Effective January 1, 1993 Phibro Energy USA, Inc. has been designated purchaser of oil sold from the referenced lease. We are enclosing two copies of our division order for your execution. If your interest is shown correctly please execute before two witnesses (corporations must attest) , enter your federal tax identification number and return one copy to us in the enclosed envelope. Upon receipt of a signed division order your interest will be placed in line for payment. Thank you for your attention to this matter and please do not hesitate to call should there be any questions. Sincerely, PHIBRO ENERGY USA, INC. Sue Clark Division Order Analyst (713) 646-5368 Enclosure 930198 Hello