The URL can be used to link to this page

Browse Search

Home My WebLink About20251017.tiffaO,,-...kr,l, Me....c14, y -y -k -ac C.Ov\'s co,c , -, A!s• et -`4\4, MEMORANDUM TO: Clerk to the Board DATE: March 20, 2025 FROM: Jazmyn Trujillo -Martinez, Planning Services Dept. SUBJECT: BOCC Agenda Item — Approve Consent to Assign Road Maintenance Agreement For: Nickel Road Operating LLC — 1041 WOGLA20-0082 Request to Approve Consent to Assign Road Maintenance Agreement: The Department of Planning Services received a request from the applicant, Bayswater Exploration and Production LLC, requesting that the Board of County Commissioners consider approving the Consent to Assign the Road Maintenance Agreement for (1041 WOGLA20-0082), recorded under Reception Number #4672920 and Tyler #2020-3811, from Nickel Road Operating LLC to Prairie Operating Co., LLC. No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and Consent to Assign letter request and found no concerns with the request. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Consent to Assign the Road Maintenance Agreement for 1041 WOGLA20-0082, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. cc: Dawn Anderson, Planning Services 5023726 Pages: 1 of 4 04/18/2025 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII FAIIIVLIII'IR IOlii V WtM iild II II cc•. PL (DA/S-n1/KR) o5/iak /25 O nbq %,.L. S - as -35 2025-1017 o Ca oao3 allikk BAYSWATER millpEXPLORATION & PRODUCTION February 11, 2025 Board of County Commissioners Weld County, Colorado Attention: Ms. Jess Reid 1150 O Street Greeley, Colorado 80632 Re: Request for Consent to Assign Road Maintenance Agreements Weld County, Colorado Dear Ms. Reid, Bayswater Resources LLC, Bayswater Fund III -A, LLC, Bayswater Fund III -B, LLC, Bayswater Fund IV -A, LP, Bayswater Fund IV -B, LP, Bayswater Fund IV -Annex, LP, and Bayswater Exploration & Production, LLC (collectively "Bayswater") and Prairie Operating Co., Prairie Operating Co., LLC, Otter Holdings, LLC, Prairie SWD Co., LLC, and Prairie Gathering I, LLC (collectively "Prairie") have entered into a Purchase and Sale Agreement dated February 6, 2025, covering a substantial portion of Bayswater's DJ Basin assets, including its rights and obligations attributable to Road Maintenance Agreements further described on Exhibit A, attached hereto. Under the Purchase and Sale Agreement, Bayswater intends to assign all of its rights and obligations in the Road Maintenance Agreements, described on Exhibit A, to Prairie, effective December 1, 2024. Similarly, Prairie intends to assume all of the same rights and obligations, and be bound by the provisions of the Supply Agreement, effective December 1, 2024. Accordingly, per Section C.1.0 of the Road Maintenance Agreements, Bayswater hereby respectively requests your prior written consent to the anticipated assignment. This Consent to Assign may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all in which together shall constitute one and the same instrument This Consent to Assign will only be effective upon closing. If closing is not consummated on or before March 31, 2025, this Consent to Assign shall thereupon automatically terminate without further action and shall be of no further force or effect. Please provide your written acceptance to this Consent to Assign by executing below and returning the same to my attention. Thank you for your prompt attention to this matter. Should you have any questions or comments regarding the above, please feel free to contact me at 720.881.4504 or by email at Thammond@bayswater.us Sincerely, 730 17th Street, Suite 500 Denver, Colorado, 80202 U.S.A. Telephone: 303-893-2503 Fax: 303-893-2508 Bayswater Resources LLC Bayswater Fund III -A, LLC Bayswater Fund III -B, LLC Bayswater Fund IV -A, LP Bayswater Fund IV -B, LP Bayswater Fund IV -Annex, LP Bayswater Exploration & Prodction, LLC Tyler Hammond Sr. District Landman Agree to and accepted this 11-P day of PpV1 1 , 2025• Board of County Commissioners Weld County, Colorado `zgZzte,eit ATTEST: W.;irit„,) ;„k Weld County Clerk to the Board By: Deputy Clerk to the Boardn p Y 5023726 Rages: 3 of 4 04/18/2025 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII FAIR hireliii'li�4'� i�'�' I�� PK ��Wr'h ®l III � � B�AY3w�ATER Chair, Bard of County Commissioners O 1 4 2325 730 17'^ Street, Suite 500. Denver, CO 80202 303-893-2503 2 205-101-1 41lik BAYSWATER villp EXPLORATION & PRODUCTION Exhibit A Docume nt # WOGLA Description Recording Date Operator County 4572320 1041 WOGLA20- 0001 RMA20-0004 - ROAD MAINTENANCE & IMPROVEMENT AGREEMENT a0 Zo - O13Z 3Z 3/5/2020 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 4591109 1041 WOGLAI9- 0012 RMA20-0016 - ROAD MAINTENANCE & IMPROVEMENT AGREEMENT ao a0 - (334 5/18/2020 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 4597393 1041 WOGLAI9- 0020 RMA20-0027 - ROAD MAINTENANCE & IMPROVEMENT AGREEMENT ao ao -1 kot3 6/92020 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 4644200 1041 WOGLA20- 0068 RMA20-0051 - ROAD MAINTENANCE & IMPROVEMENT AGREEMENT a o ao - 31 k4a 10/27/2020 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 4672920 1041 WOGLA20- 0082 RMA20-0064 - ROAD MAINTENANCE & IMPROVEMENT AGREEMENT �.0 - 3 811 1/19/2021 NICKEL ROAD OPERATING LLC Weld County, Colorado 4707851 1041 WOGLA20- 0093 RMA21-0013 - ROAD MAINTENANCE & IMPROVEMENT AGREEMENT a O as k - to`ti 4232021 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 4892799 1041 WOGLA22- 0018 RMA23-0002 -ROAD MAINTENANCE & IMPROVEMENT AGREEMENT acD Z3 -09 s 1 4/172023 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 4989878 1041 WOGLA22- 0018 AMENDIA24-0001 - 1st AMENDMENT TO ROAD MAINTENANCE & IMPROVEMENT AGREEMENT .ZO3.4 - a i 4 3 1023/2024 BAYSWATER EXPLORATION AND PRODUCTION LLC Weld County, Colorado 5023726 Pages: 4 of 4 04/18/2025 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIII�� G4��CI�IY��i��ihd� 14�!'rR�� i'tih� Yip III II 73017"' street, Suite 500 Denver, Colorado, 80202 U.S.A. Telephone: 303-893-2503 Fax: 303--893-280-8-- -- Contract Form Entity Information Entity Name* Entity ID* PRAIRIE OPERATING COMPANY @00048054 LLC Contract Name* ASSIGN ROAD MAINTENANCE AGREEMENT 1041 WOGLA20-0082 PRAIRIE OPERATING CO., LLC Contract Status CTB REVIEW Q New Entity? Contract ID 9346 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weld.go v Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ASSIGN ROAD MAINTENANCE AGREEMENT 1041 WOGLA20-0082 FROM NICKEL ROAD OPERATING LLC TO PRAIRIE OPERATING CO., LLC, ORIGINAL RECEPTION NUMBER #4672920, NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING 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* 04/12/2025 04/16/2025 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 Review Date* Renewal Date 04/16/2026 Termination Notice Period Committed Delivery Date Expiration Date* 04/16/2027 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DAWN ANDERSON CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/07/2025 04/08/2025 04/08/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Tyler Ref # AG041425 Originator JTRUJILLOMARTINEZ Hello