HomeMy WebLinkAbout20240686.tiffContcosc so GS65
MEMORANDUM
TO: Clerk to the Board
DATE: May 19, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve First Amendment to
Road Maintenance Agreement For:
MDS Energy Development LLC — 1041 WOGLA23-0061
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, MDS Energy
Development LLC, requesting that the Board of County Commissioners consider approving the
First Amendment to Road Maintenance Agreement for (1041 WOGLA23-0061). Only Exhibit A —
Haul Route Map is changing, and all other terms of the original agreement will remain in place for
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.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for
1041 WOGLA23-0061, and that this item be placed on the next regularly scheduled BOCC Hearing,
as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
Con Pi\cy-nociL.
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FIRST AMENDMENT TO ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
MDS Energy Development LLC — 1041 WOGLA23-0061
This Amendment ("Amendment"), made and entered into _r, day of IVICU4 , 202≤ by
and between the Board of Weld County Commissioners ("County"), and MDS En Development
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. 2024-0686, approved on
March 20, 2024, and recorded by the Weld County Clerk and Recorder under Reception No. 4950979.
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.
5033805 Pages: 1 of 3
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 S'K4Wyk "Ill
PROPERT OWNER: MDS ENERGY DEVELOPMENT LLC
By: A t ' ♦ Date ! ' `Q g w Zc
Name: S CaJ. i i
Title: EN
STATE OF COLORA-DO )
SS.
County of Welel-TA W 41M
The foregoing instrument was acknowledged before me this day of ow ,
2021, by tl.(h�rd Scadtk
WITNESS my hand and official seal.
MORIS ARREAGA
Notary Public, State of Texas
Comm. Expires 07-19-2025
Notary Public
N01915it) id.L19499
WELD COUNTY:
ATTEST:
Weld C. unty Clerk to the Board
W.,„an,v Jdu.;„k.
BY: it ] . i.I(%.1 Vi/lieV.
eputy lerk to the Boar. / Ir
t..
5033805 Pages: 2 of 3
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Carly Koppes, Clerk and Recorder, Weld County , CO
LI ALli h th Bill
BOARD OF COUNTY COMMISSIONERS
JUN 0 2 2025
MDS Energy Development LLC — 1041WOGLA23-0061 — AMENDIA25-0001
Page 2
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1O41WOGLA23-0061 Haul Route Amendment
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EXHIBIT
DISCLAIMER: This product has been developed solely for internal use only by Weld County. The GIS database, applications, and data in the product is subject to constant change and the accuracy and
C 5033805 Pages: 3 of 3 or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with
06/05/2025 10:52 AM R Fee:$0.00 $0 .00 RODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED
Carly Koppes , Clerk and Recorder, Weld County CO PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION
iii FINIFIVAIATIMAViilliiii CiffliOtchillia, UI III
Contract Form
Entity Information
Entity Name *
MDS ENERGY DEVELOPMENT LLC
Entity ID*
@00048100
Contract Name*
FIRST AMENDMENT TO ROAD MAINTENANCE
AGREEMENT MDS ENERGY DEVELOPMENT LLC
1041WOGLA23-0061
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9505
Contract Lead *
JTRUJI LLOMARTI N EZ
Contract Lead Email
jtrujillomartinez@weld.go
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
FIRST AMENDMENT TO ROAD MAINTENANCE AGREEMENT MDS ENERGY DEVELOPMENT LLC 1041 WOGLA23-0061
NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AMENDMENT
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* 05/24/2025
05/28/2025
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
Termination Notice Period
Contact Information
Contact Info
Review Date *
05/28/2026
Committed Delivery Date
Renewal Date
Expiration Date*
05/28/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
05/22/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver
RUSTY WILLIAMS
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
05/23/2025 05/23/2025
Tyler Ref #
AG060225
Originator
JTRUJILLOMARTINEZ
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE BOCC Agenda Item - Approve Road Maintenance Agreement for:
MDS Energy Development LLC - 1041 WOGLA23-0061
DEPARTMENT: Planning Services DATE: February 13, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, MDS Energy Development LLC, requesting
that the Board of County Commissioners consider approving the Road Maintenance Agreement for (1041 WOGLA23-0061).
No collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041WOGLA23-0061 is scheduled for February 15 2024.
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 Road Maintenance Agreement According To Policy for 1041 WOGLA23-0061, and that this
item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
<5, -0? gni—
Support Recommendation Schedule
Place on BOCC Agenda Work Session
FL (v&/S-rr1/44)
te:
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Other/Comments:
2024-0686
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
MDS Energy Development LLC — 1041 WOGLA23 -0061
THIS AGREEMENT is made this day of4 t Yt , 202 67, by and betty en MSS Energy
Development LLC, a limited liability company organized under the laws of the State o - ,gvhose
address is 409 Butler Road, Suite A, Kittanning, Pennsylvania 16201, hereinafter referred to s "Operator,"
authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of
the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O"
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, "Operator" is the responsible party of the 1041 Weld Oil & Gas Location Assessment
(1041 WOGLA) permit located on the following described property in the County of Weld, Colorado:
SE1/4 SW1/4 /4 of Section 31, Township 8 North, Range 58
West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041 WOGLA23 -0061, and
WHEREAS, Operator acknowledges that the final approval of 1041WOGLA23-0061 is
conditional upon Operator's agreement to fund road maintenance, as described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and ofthe promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
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A. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes: The Operator shall provide haul routes to be reviewed and approved by the
Department of Public Works. The Operator shall be financially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes as related to
traffic generation. Traffic generated from this site shall enter and exit at the approved access on CR 86 and
travel to the nearest paved arterial or collector road, or highway, and remain on paved roads for further
dispersal. Any County roads used by traffic associated with 1041 WOGLA23-0061 may become part of the
established haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period
designated as construction or high -volume traffic to and from the Property:
1) See "EXHIBIT A" - Haul Route Map.
2) The haul route shall remain in effect during all times of heavy road use including but not
limited to, construction, drilling of wells, and hydraulic fracturing.
MDS Energy Development LLC — 1041 WOGLA23-0061 — RMA24-0001
Page 1 of 7
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2 0 Notice of Construction A pre -construction inspection and a post -construction mspection shall be
performed by County personnel to determme the site -specific condition of the road The Operator shall
provide the Weld County Departments of Public Works and Planning Services with two weeks advance
notice of the start of construction activities authonzedbythe 1041 WOGLA permit and shall give additional
notice within two weeks after construction has been completed
3 0 Weight Limits No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations unless overweight permits have been applied for and granted Operator a
responsible for researching weight limitedbridges and obtaining a Special Transport Permit m accordance
with Chapter 8, Article XV, when establishing haul routes, and furthermore, must follow County
overweight permit and regulations
4 0 Temporary Deviations The Weld County Department of Planning Services Director may approve
temporary (six months or less) deviations from the haul routes described above To receive such approval,
the Operator must submit an updated haul route map and written request stipulating the reasons for the
deviation, which will be reviewed County personal Any change m haul route lasting more than six months
shall require an amendment to this Agreement approved by the Board of County Commissioners
5 0 Haul Route Signage Operator shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit pomts of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes
6 0 No Deviation from Permitted Haul Routes Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Planning Services, pursuant to
this Agreement, no use of any roads other than those specifically authorized for use m this Agreement is
permitted without the prior written amendment of this Agreement
B. Maintenance Requirements:
1 0 Off -site recumng maintenance, if applicable, and as required by the Departments of Planning
Services, Public Works, and Oil and Gas Energy, shall only be performed by a County approved contractor,
and have a county Right -of Way permit for that specific location
2 0 Dust Control Operator shall be fmancially responsible for maintaming dust control on unpaved
designated haul/travel routes durmg any p enod of c onstruction, heavy truck traffic, and/or high -volume trip
generation The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site -specific conditions at the tune Operator shall use a County -pre -approved contractor for
m mNS chemical applications Chemical treatment of unpaved roads along the relevant haul/travel route(s) is
expected to occur approximately two to five times per year, or as required by Public Works If traffic
associated with this use exceeds 200 vehiclesper day, per Weld County Code Section 8-6-100, the Operator
shall b e responsible for dust abatement On the basis o f damage or complaints, as deteimmedby the County,
..;gi the Operator shall cause to be performed withm two days of notification, at its sole expense, chemical dust
ft control, or other treatment, by a contractor approved by Weld County Public Works Should the traffic
rtwim p* related to 1041 WOGLA23-0061 deteriorate the chemical application performed by the County, the
Operator will be responsible for re -applying chemical to return the road to pre -construction condition
Depending on the amount of mamtenance, as related to traffic associated with this use, the Department of
aE Public Works may require an alternative treatment method which mayor may not mclude topical chemical
application, full -depth chemical application, recycled asphalt, or other surface treatment
!MIMI - 3 0 Repair Operator shall be financially responsible for its proportional share of the repair or
improvement, including but not limited to, excavation, patching, pavement and/or gravel repair, gradmg
MDS Energy Development LLC — 1041WOGLA23-0061- RMA24-0001
Page 2 of 7
mstalhngmatenalondesignated haul/travel routes The amount and extent ofrepair and/or paving measures
will be determined by site -specific conditions at the time, as determined exclusively by County personneL
Weld County and Operator will work together on a plan needed for repair of any roads, mcludmg who
performs the repair Operator shall provide the County with apre-approved contractor to be used for repairs
4 0 Need for Immediate Repairs In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Operator of such Significant Damage
Operator shall identify the repair required and shall consult with County on the extent, type, timing
materials and quahty of repair (i e temporaryversus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice If
Operator identifies Significant Damage prior to receivmg notice thereof from County, Operator may
commence repair of such Significant Damage and shall concurrently notify County of the extent, type,
timing, materials and quality of repair (i e temporary versus permanent)
5 0 Repair of Road On or before December 31 of the calendar year in which County staff has
determm e d through site analysis and/or pavement testing that a particularhaul/travelroute roadportionwill
require paving measures or major gravel maintenance in order to protect the public health, safety, and
welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of
the Off -Site Improvement/Repair Costs, County shall notify Operator m writing that the Off -Site
Improvements/Repairs shall be undertaken an d sh all p rovide an alternate haul route for the duration ofthose
repairs In County's sole discretion, County may undertake the repairs and/or improvements Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as determined m
this Agreement Operator will be mvoiced accordingly for those proportional share costs
6 0 Calculation of Operator's Proportional Share of Costs The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance, repair, or improvements to Operator's designated haul/travel routes Prior to County's final
determination and assessment, County shall provide Operator with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations The County
shall review and consider Operator's mput prior to making a final determination and assessment The
County shall have sole responsibility for determination of Operator's proportional sham of costs Operator
agrees to pay such proportional share of costs within 30 days of receiving an invoice from County
7 0 Annual Roadlnspection County may conduct a road inspection annually with the cooperation of
Operator for the haul routes designated m this Agreement As a result of the annual inspection, County, in
its sole discretion, shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season Notification to
the Operator of the required roadway repairs will be given as soon as the data become available
8 0 Notification The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to
Operator's designated haul/travel routes Prior to County's final determination and assessment, County
shall provide Operator with a reasonable opportunity to review, comment upon and supplement County's
data, collection methodology, and determinations The County shall review and consider Operator's input
prior to making a final determination and assessment
PART II: GENERAL PROVISIONS
A. Permits: The Operator is required to apply for and receive all permits required by the County or
any other applicable local, State, or federal permit, including but not lmuted to
MDS Energy Development LLC — 1041WOGLA23-0061 -RMA24-0001
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1 0 Access Permits Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Plannmg Services Planning Services may condition the
issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point, or if there is a change m use of the current access point; as
permitted by Article XIV of Chapter 8 of the Weld County Code
2 0 Right -of -Way (ROW) Permits Per Article XIII of Chapter 8 of the Weld County Code, any work
occumngwithm County ROW requires a ROW permit issuedby the Department of Public Works No work
shall occur without said ROW permit
3 0 Transport Permits Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles usmg Weld County roadways to ensure the operation_
and movement of Extra -legal Vehicles and Loads occurs m a safe and efficient manner
B. Enforcement and Remedies:
1 0 Violation of Terms of Agreement If m County's opinion, Operator has violated any of the terms
of this Agreement, County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation Operator
shall have fifteen (15) days withm which to either cure the violation or demonstrate compliance If, after
fifteen (15) days have elapsed, County believes m good faith that the violation is contmumg, County may
consider Operator to be m breach of this Agreement
2 0 Remedies for Breach by Operator In the event that County determines that Operator has violated
the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the
followmg remedies, or any other remedy available m law or equity
2 1 Court Action County may seek relief m law or equity by filing an action m the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
descnbed above
2 2 Revocation of 1041 WOGLA Permit Operator acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the 1041 WOGLA, and County may
exercise this option in its sole discretion by proceedmg with revocation under the current provisions
of the Weld County Code
3 0 Termmation of Agreement This Agreement shall termmate upon the earliest of the following
events
3 1 Failure to Commence County may terminate this Agreement upon or after rescission of
the underlymg 1041 WOGLA permit approval under Weld County Code Chapter 21 However,
County may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County
3 2 Cessation of all Permit Related Activities Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the 1041 WOGLA, mcludmg any clean
up or restoration required A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termmation
Unless mformed m wntmg by the Operator of cessation of activities, and venfied by the County,
MDS Energy Development LLC— 1041WOGLA23-0061 - RMA24-0001
Page 4 of 7
cessation shall only be presumed if the County determines that the site has been mactive for three
(3) years
3 3 Execution of Replacement Agreement This Agreement shall terminate following County's
execution of a new Improvements Agreement with anew Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA, and mtends to make
use of the rights and privileges available to it through the then existing WOGLA
3 4 Revocation of 1041 WOGLA This Agreement shall terminate followmg County's
revocation of Operator's WOGLA, except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement
C. General Provisions:
1 0 Successors and Assigns
1 1 Except for the assignment of all or substantially all of Operator's assets, Operator may not
delegate, transfer, or assign this Agreement m whole or in part, without the prior express written
consent of County and the written agreement of the party to whom the obligations under this
Agreement are assigned Consent to a delegation or an assignment will not be unreasonably
withheld by County In such case, Operator's release of its obhgations shall be accomplished by
County's execution of a new Agreement with the successor Operator of the property
1 2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedmgs, has
assumed jurisdiction and mamtenance responsibility over roads affected by this Agreement
2 0 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenfo rceab le by a court of competent junsdichon, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original mtent of
the parties
3 0 Govemmental Immunity No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq , as apphcable now or hereafter amended
4 0 No Third -Party Beneficiary It is expressly understoo d and agre e d that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing m this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included m this Agreement It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only
5 0 Entire Agreement/Modifications This Agreement including the Exhibits attached hereto and
mcorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement This
Agreement may be changed or supplemented only by a written instrument signed by both parties
MDS Energy Development LLC — 1041WOGLA23-0061 - RMA24-0001
Page 5 of 7
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6 0 Board of County Commissioners of Weld County Approval This Agreement shall not be vand
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee
7 0 Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant thereto,
shall be applied m the mterpretation, execution, and enforcement ofthis Agreement Any provision included
or incorporated herem by reference which conflicts with said laws, rules and/or regulations shall be null
and void In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal Distract Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute
8 0 Attorneys' Fees/Legal Costs In the event of a dispute between County and Operator, concerning
this Agreement, the parties agree that each party shall be responsible forthe payment ofattomey fees and/or
legal costs mcurred by or on its own behalf
9 0 Release of Liability Operator 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, ansmg from, or on account of the design and constmction of improvements, and pay
any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7 0 above, together with all reasonable expenses and attorney fees mcurred by
County in defending such suit, action or claim whether the hability, loss or damage is caused by, or anses
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage ansmg 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 mamtam adequate worker's compensation insurance and public
liability msurance coverage and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health
10 0 Bmdmg Arbitration Prohibited Weld County does not agree to binding arbitration by any
extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void
11 0 Authority to Sign Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obhgations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
bmdmg on such party and enforceable m accordance with its terms If requested by the County, Operator
shall provide the County with proof of Operator's authonty to enter into this Agreement within five (5)
days of receiving such request
12 0 Acknowledgment County and Operator acknowledge that each has read this Agreement
understands it and agrees to be bound by its terms Bothparhes further agree that this Agreement, with the
attached or mcorporatedExhibits, is the complete and exclusive statement of agreementbetweenthe parties
and supersedes all proposals or prior agreements, oral or wntten, and any other communications between
the parties relatmg to the subject matter of this Agreement
13 0 Notwithstandmg any other provision contained m this Agreement, for any conflict or potential
conflict between any term m this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control In the
event of a discrepancy between this agreement and the Weld County Code m effect at the time of the
agreement, the terms of the Weld County Code shall control
MDS Energy Development LLC— 1041WOGLA23-0061 - RMA24-0001
Page 6 of 7
S..
OPERATOR.: MDS Energy Development LLC
By:
Name:
Title:
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STATE OF 5
County of re--,Nnow‘t--
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20241, by 9N,onc,,,r3cc'ckkN
Date:
SS.
/7/02
The foregoing instrument was acknowledged before me this �i day
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WITNESS my hand and official seal.
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WELD COUNTY:
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14 Comm. Expires 05.08-2024
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ATTEST: t.a) JelatO;ok BOARD OF COUNTY COMMISSIONERS
Weld C • n ' Clerk to the B e and WELD O
BY:
Deputy Cl:! to he B
4950979 Pages: 7 of 8
03/25/2024 12:25 PM R Fee:$0,00
Carly Koppes. Clerk and Recorder, Weld County , CO
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in D. Ross, Chair
MAR 2 0 2024
MDS Energy Development LLC — 1041 WOGLA23-0061 — RMA24-0001
Page 7 of 7
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MDS ENERGY 8-59 PAD
RIFFIN & ASSOCIA TES, INC.
1414 ELK ST., ROCK SPRINGS, WY 82901
DRAWN: 6/19/2023 - DEH
REVISED: 10/5/2023 - DEH
REVISED OPERATOR NAME
SCALE: 1 "= MILE
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SESW, SECTION 31, T. 8 N., R. 58 W., 6th P.M.,
WELD COUNTY. COLORADO
4950979 Pages: 8 of 8
03/25/2024 12:25 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
III NIP INF I.' 1V&'I&I' I .li'.N di IPM II' h UN. Will III III
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