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HomeMy WebLinkAbout20242742.tiffConvc&cJc S1 1 (4 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: B0CC Agenda Item - Approve First Amendment to Road Maintenance Agreement for: Bayswater Exploration & Production, LLC — 1041 WOGLA22-0018 DEPARTMENT: Planning Services DATE: October 8, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Bayswater Exploration & Production, LLC, requesting that the Board of County Commissioners consider approving the First Amendment to Road Maintenance Agreement for (1041WOGLA22-0018). Only Exhibit A -- Haul Route Map is changing, and all other terms of the original agreement will remain in place for the life of the 1041 WOGLA Permit. Weld County Planning Services, Public Works, and Oil and Gas Energy Departments have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be acceptable. • This Agreement complies with the terms of the WOGLA Permit, as signed by the Director of Oil and Gas Energy Department. • This Agreement follows the template approved by the County Attorney. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Consequences: • New oil and gas development can pay their way for their impacts on the County Roadways, or the County will be required to cover the costs of the new oil and gas development's impacts on the roadways. Impacts: • New oil and gas development with high traffic volumes impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • New oil and gas development will pay their proportional share of repairs and upgrades completed by the County. Recommendation: Option 1. The Departments of Public Works, Planning Services, Oil and Gas Energy, and the County Attorney's Office are recommending approval of the First Amendment to Road Maintenance Agreement According To Policy for 1041 WOGLA22-0018, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross; Chair Lori Saine Co..e,nnst I'\ grAr\A to— kLe air w.� cc :pia (DA/5TM) Ia/2is/24 Oh\0as.A. l - -1- as 2024-2742 OG o003 FIRST AMENDMENT TO ROAD MAINTENANCE IMPROVEMENTS AGREEMENT Bayswater Exploration & Production, LLC — 1041 WOGLA22-0018 This Amendment ("Amendment"), made and entered into 244 day of Oc+ , 202 1l, by and between the Board of Weld County Commissioners ("County"), and Bayswater Exploration & Production, LLC, ("Operator"). WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-0957, approved on April 05, 2023, and recorded by the Weld County Clerk and Recorder under Reception No. 4892799. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon execution of this Amendment. Exhibit A under Part 1 of the Original Agreement: Exhibit A — Haul Route Map to the Original Agreement shall be replaced in its entirety with Exhibit A — Haul Route Map attached hereto. WHEREAS, all other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. 4989878 Pages: 1 of 3 10/23/2024 10:25 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I �.rI�A G��Iih�'f�� I ke NANIAIl f PLL'rtici,11 II I PROPERTY : Bayswater Exploration & Production, LLC By: Date /O a,l ?6( Name: Title: Se&1, e r 19cu) S #.: / / xr /114.n. STATE OF COLORADO SS. County of Weld The foregoing instrument was acknowledged before me this day of o--.6-e+r , 202_, by l I.y ti ,n Se y-) ` u f (o �l 1G c ; : Ait41.�2,� WITNESS my hand and official seal. AMANDA DANIELLE SCHORIES NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20184005572 MY COMMISSION MIRES FEBRUARY 1, 2026 WELD COUNTY: ATTEST: ddrAtit) Weld County Clerk to the Board BY: eputy Clerk to the Bo 4989878 Pages: 2 of 3 10/23/2024 10:25 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 l ciAll CGr1,41,fiVirliA UMI ILVI ,1 h+rk114�J� 11111 OARD OF COUNTY COMMISSIONERS CO O Ross, Chair OCT 1 6 2024 Bayswater Exploration & Production, LLC — 1041WOGLA22-0018 - 1041WOGLA-AMD23-0017 - AMENDIA24-0001 Page 2 Legend F,IPI WELD COUNTY 1041WOGLA22-0018 O Aar ON1_INI: ,`1APPINC; • C") c,l r 4,468.5 i t w I 3 • I 1 1 a s a Or 01 WOGLA18-0003 !ft a_ WGS_1984_Web_Mercato' C Weld County Colorado a I N a Ls, tninni .A.1% -e) 14J 1041WOGLA20-0083 S 2,234.23 I Dal Coalbank Haul Route 1041WO622-0018 4,468.5 Feet • 4989878 Pages: 3 of 3 10/23/2024 10:25 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO • a ■ • ■ ■ ■ ■ ■ Bea a • I 1 1 1 S a' AL WCR 86 „ 0 • p N ikk • . a a - a — — I • S - — — - - • . - . ▪ a i ea I II,P►1 IlA/A%! A Irian ittni IT .....alb a 1:26,811 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION EXHIBIT ---- State Maintained Roads Weld County Maintained Road Paved Road Gravel Road Road Centerlines Highway Paved Gravel Municipal, Paved Municipal, Gravel Other Weld Oil and Gas Location As: Oil and Gas Wells - Active • Producing • MIS MIK • Permit • Drilling • Injection Shut -In Temporarily Abandoned Waiting on Completion Gas Storage / Monitoring Highway Road Highway Road Cni inty Pni inrinni Notes Revised per Weld County Request 9/3/2024 N��1N��6kdl�rl��:�lihP.y114��tiP:47f IUI:i�lWrl ui t Ct Entity Information Entity Name * BAYSWATER EXPLORATION & PRODUCTION, LLC Entity ID" @00029612 Contract Name * FIRST AMENDMENT TO ROAD MAINTENANCE AGREEMENT BAYSWAYER EXPLORATION & PRODUCTION, LLC 1041 WOGLA22-0018 Contract Status CTB REVIEW O New Entity? Contract ID 8776 Contract Lead * JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weld.go Parent Contract ID Requires Board Approval YES Department Project # Contract Description FIRST AMENDMENT TO ROAD MAINTENANCE AGREEMENT BAYSWAYER EXPLORATION & PRODUCTION, LLC 1041 WOGLA22-0018 NO COLLATERAL REQUIRED Contract Description 2 Contract Type * Department AMENDMENT PLANNING Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM-Planning@weld.gov Department Head Email CM-Planning- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 10/12/2024 10/16/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date * 10/16/2025 Committed Delivery Date Renewal Date Expiration Date* 10/16/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 10/10/2024 Approval Process Department Head ELIZABETH RELFORD DH Approved Date 10/10/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 10/10/2024 10/10/2024 Tyler Ref # AG101624 Originator JTRUJILLOMARTINEZ Hello