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HomeMy WebLinkAbout930134.tiff RESOLUTION RE: APPROVE 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, Weld County, Colorado, has received an Oil Division Order to Phibro Energy USA, Inc. , 500 Dallas Avenue, Suite 3200, Houston, Texas 77002, and WHEREAS, said Division Order covers land more particularly described as follows: Township 5 North, Range 64 West, 6th P.M. Section 35: N? NE! 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 Division Order, a copy of which is attached hereto and incorporated herein by reference, and - WHEREAS, said 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 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 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. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Division Order. 930134 ' P H!i- 31ao DIVISION ORDER - PHIBRO ENERGY USA, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D. , 1993. ►//�JJ // BOARD OF COUNTY COMMISSIONERS ATTEST: 1/4114,4✓/frWE COUNTY, COLORADO ��1 ��,�,���� Weld County Clerk to the Board �G'/!5"C�s.Q /e Constance L. H bert, Chairman a Deputy Cler to the Board__\ W. H. Webster, Pro em APPROVED AST FORM: � l � G o�rge S Baxte --�li\mil County Attorney Dale K. Hall tug Jy� V A arbara J. Kirkmey r 930134 • �,- ` • DIVISI0N ORDER Lease No. 05027000 To PHIBRO ENERGY USA, INC DATE JANUARY 28, 1993 Gathering Division 500 Dallas Avenue,Suite 3200 Houston,Texas 77002 PARKER & 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 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 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 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,INC HAS YOUR SOCIAL SECURITY/TAX I D NUMBER WIT SES SIGNATURE OF OWNER OWNER'S SOCIAL SECURITY OR WELD COUNT COLORADO IRS TAX ACCOUNT NUMBER iTTEST: y - � X d Coun a to Bo Td gy• �1�2� r�n � 84-6000813 ly, / onstance L. Harbert, Chairman DeputyClerk to Board Weld County Board of Commissio ers 02/10/93 � Bb F� x°758 RECORDS NQe lTey�CO 80632 bh R ��� RNED --r51901 R ----- sZC1zi4 i N(-)I I Is your signature witnessed' Is your correct address shown' —at- —®`` EXHIBIT - A 01 /28/93 PAGE 1 LEASE NU"PER : 05027000 _EASE NAME : LOHR 13-1 L:CATION : WELD CO :tuNER NU. INTEREST CREDIT TO 12E: 0. 00386900 0 PARKER &. PARSLEY DEVEL❑PMENT CO P 0 BOX 3178 MIDLAND TX 79702-3172 `UHCC 0. 05438120 ❑ ENERGY MINERALS CORP 518 17TH 41010 DENVER CO 80202-4111 5190: 0. 00140620 R WELD COUNTY COLORADO % BOARD OF COUNTY COMMISSIONERS P 0 BOX 758 GREELEY CO 80632 52750 0. 12359380 R RALPH LOHR 29333 WCR 488 KERSEY CO 80644 '+# 72501 0. 81674980 W PDP 88 DRILLING PROGRAM P 0 BOX 880245 DALLAS TX 75388-0245 1. 00000000 ,f+ Hello