HomeMy WebLinkAbout20231276.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS
AGREEMENT FOR 1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT,
1041WOGLA19-0008 - VERDAD RESOURCES, LLC
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 Final Order dated October 31, 2019, Curt Moore, Hearing Officer for the
Weld County Oil and Gas Energy Department, approved 1041 Weld Oil and Gas Location
Assessment Permit, 1041 WOGLAI9-0008, for Verdad Resources, LLC, on the following
described real estate, to -wit:
NE1/4 SW1/4 of Section 1, Township 2 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on November 4, 2019, the Board approved a Road Maintenance
Improvements Agreement for 1041 Weld Oil and Gas Location Assessment Permit,
1041 WOGLA19-0008, with said applicant, with terms and conditions being as stated in said
agreement, and
WHEREAS, the Department of Planning Services received a request from the Oil and Gas
Energy Department on behalf of the applicant, Verdad Resources, LLC, requesting that the Board
of County Commissioners consider approving the termination of Road Maintenance
Improvements Agreement approved on November 4, 2019, since a site inspection was performed
on April 10, 2023, which confirmed the 1041 WOGLA19-0008 construction was not started within
three (3) years of approval and the permit expired on April 8, 2023, and
WHEREAS, the Departments of Planning Services, Public Works, Oil and Gas Energy,
and the County Attorney's Office recommend that the Board of County Commissioners consider
approving the termination of the Road Maintenance Improvements Agreement for 1041 Weld Oil
and Gas Location Assessment Permit, 1041 WOGLAI 9-0008, approved on November 4, 2019,
Reception #4538977, for Verdad Resources, LLC, since the permit has expired and it is no longer
necessary, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Road Maintenance Improvements Agreement for 1041 WOGLAI9-0008, approved on
November 4, 2019, Reception #4538977, for Verdad Resources, LLC.
4898950 Pages: 1 of 2
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Carly Koppel, Clerk and Recorder, Weld County , CO
liticilAN UAW l II II
CC: pL(TP/MN/OR/ST K)
OS /26/23
2023-1276
OG0003
APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
(1041 WOGLAI9-0008) - VERDAD RESOURCES, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Improvements Agreement for 1041 Weld Oil and
Gas Location Assessment Permit, 1041 WOGLAI9-0008, be, and hereby is, terminated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W,,t,f„
Weld County Clerk to the Board
County ttorney
Date of signature: O5/16/23
4898930 Pages: 2 of 2
05/18/2023 10:56 AM R Fee:$0.00
Carly Koppes, Clerk and Record ®r, Weld County , co
VIII��I�tt�4i�:I�+Yk���� I+1�IrY� �h�Y41h •I II
Mike - = an, Chair
Perry . Buck,
o-Tem
2023-1276
OG0003
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
Verdad Resources, LLC — 1041 WOGLA19-0008
DEPARTMENT: Planning Services DATE: April 25, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problemtissue:
The Department of Planning Services received a request from the Oil and Gas Energy Department on behalf of
Verdad Resources, LLC, requesting that the Board of County Commissioners consider approving the termination
of the Road Maintenance Agreement for (1041 WOGLA19-0008). The Road Maintenance Agreement was
approved on November 4, 2019 and recorded as Reception #4538977 and Tyler #2019-4709. The
1041WOGLA19-0008 construction was never started within three years of approval thus 1041WOGLA19-0008
has expired.
Weld County Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's Office 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 1041WOGLA Permit Final Order, as signed by the
Oil and Gas Energy Hearing Officer.
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.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's
Office are recommending approval of the termination of the Road Maintenance Agreement According To Policy
for 1041 WOGLA19-0008, and that this item be placed on the next regularly scheduled BOCC Hearing, as part
of the Regular Agenda.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
mF
Jic
2023-1276
5/g 0G -I0003
April 13, 2023
Allison Schieber
1 125 17th Street, Suite 550
Denver, CO 80202
Re: 1041 WOGLA 19-0008
Ms. Allison Schieber:
Oil and Gas Energy Department
1402 N. 17`' Ave.
Greeley, CO 80631
970-400-3580 office
oged@weld,gov
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on April 8, 2023:
Applicant: Verdad Resources
Record Number: 1041 WOGLA 19-0008
Location Name: Osborne Pad
Parcel Number: 130301000013
Approval Date: April 8, 2020
Legal Description: NESW Section 1, Township 2 North, Range 63 West, 6t" P.M., Weld
County, Colorado
A site inspection was performed on April 10, 2023, and it was confirmed that construction had not
begun on this Location.
Pursuant to Sec.23-2-1050., ORD20I5-26: Construction pursuant to approval of a WOGLA shall
be commenced, and continual progress made within three (3) years from the date of approval, or
the approval shall terminate. If it is still the intent to pursue this Oil and Gas Location, submittal
of a new 1041 WOGLA Application is required. Pursuant to Sec.21-5-315., ORD2021-17, the
Application process shall begin with a request for a pre -application meeting.
Please contact the Oil and Gas Energy Department should there be any questions or concerns.
Sincerely,
5.,/ei07
Jason S. Maxey
Director
O4k' t .L#3Z( b
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Verdad Resources, LLC — 1041WOGLA 19-0008
DEPARTMENT: ,Public Worts DATE: October 14, 2019
PERSON REQUESTING: j Juanicorena
Brief description of the issue:
The Department the Board of Public Works received a request from the applicant, Verdad Resources, GLC, requesting that
County Commissioners consider approving the Road Maintenance
(1041 WOGLAl9-0008). No collateral is required with this agreement t for
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the
above -mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Polio", are found to
be acceptable.
• This Agreement complies with the terms of the 1041 WOGLA Permit, as signed by the Oil and Gas
Hearing Officer.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as put of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Aida.
Recommendation:
Option I. The Departments of Public Works, Planning Services and the County
recommending approval of the Read Maintenance A ms's A19-0 are
and that this item be placed Accvr�itg To Polity for I041 WOGLA 19-0006,
placed on the next regulariy scheduled BOCC Hearing, as part of the Consent Agenda.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Klekmeyer, Chair
Steve Moreno
fighlthilmaggider
BOCC Marina Hem Other/Comments:
cc : Pwc-r3r EP/ TG)
it, IQ/19
6G. 0,413(eu))
MN/ f
2019-4709
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Verdad Resources, LLC — 1041WOGLA 19-0008
THIS AGREEMENT is made this T day of C. ket, 201, by and between Verdad
Resources LLC. a Delaware limited liability company authorized to do business in the State of Colorado ,
whose address is 5950 Cedar Springs Road, Suite 200, Dallas, TX 75235, hereinafter referred to as
"Operator" aidthe 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."
WITNE SSETH:
WHEREAS, "Operator" is the responsible party of the 1041 Weld Oil & Gas Location Assessment
(1041 WOGLAI permit located on the following described property in the County of Weld, Colorado:
NE1/4 SW1/4 of Section 1, Township 2 North, Range 63
West of the 6th P.M., Weld County, Colorado
hereinafter refewed to as "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department fir 1041 WOGLA 19-0008, and
WHEREAS, Operator acknowledges that the fmal approval of 1041 WOGLA19-0008 is
conditional upon Operator's agreement to fund road maintenance, as described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herrir, the parties hereto promise, covenant and agree as follows:
PART I: SITESFECIFIC PROVISIONS
A. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes: The Operator shall provide haul routes to be reviewed and approved by the
Department e -_-Public Works. The Operator shall be financially responsible for its proportional share of the
County's costs Lssociated 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 73 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 WOGLAl9-0008 may become part of the
established hauluravel routes.
1.1 Haul Routes. The following roads are designated as haulhravel 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 b, construction, drilling of wells, and hydraulic fracturing.
Verdad Resources, LLC — 1041 WOGLAI9-0008 - RMA19-0034
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0019-c-1709
2.0 Notice of Construction. A pre -construction inspection and a post -construction inspection shall be
performed by County personnel to determine the site -specific condition of the road. The Operator shall
provide the Weld County Department of Public Works with two weeks advance notice of the start of
construction activities authorized by the 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 is
responsible for researching weight limited bridges and obtaining a Special Transport Permit in 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 Public Works 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 by the Department of Public Works. Any change in 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 points 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 Public Works, pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements;
1.0 Off -site recurring maintenance, if applicable, and as required by the Departments of 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 financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction, 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 time. Operator shall use a County -pm -approved contractor for
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 vehicles per day, per Weld County Code Section 8-6-100, the Operator
shall be responsible for dust abatement. On the basis of damage or complaints, as determined by the County,
the Operator shall cause to be performed within two days of notification, at its sole expense, chemical dust
control, or other treatment, by a contractor approved by Weld County Public Works. Should the traffic
related to 1041 WOGLAI9-0008 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 maintenance, as related to traffic associated with this use, the Department of
Public Works may require an alternative treatment method which may or may not include: topical chemical
application, full -depth chemical application, recycled asphalt or other surface treatment.
Verdad Resources, LLC — 1041 WOGLAI9-0008 - RMA 19-0034
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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, grading,
installing material on designated haul/travel routes. The amount and extent of repair and/or paving measures
will be determined by site -specific conditions at the time, as determined exclusively by County personnel.
Weld Count) and Operator will work together on a plan needed for repair of any roads, including who
performs the -epir. Operator shall provide the County with a pre -approved contractor to be used for repairs.
4.0 Need fix Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that duxes 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 dentify the repair required and shall consult with County on the extent, type, timing,
materials andlquality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice aid shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Operator identifies Significant Damage prior to receiving notice thereof from County, Operator may
commence repair of such Significant Damage and shall concurrently notify County of the extent, type,
timing, material; and quality of repair (i.e. temporary versus permanent).
5.0 Rep&r 3f Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
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 in writing that the Off -Site
Improvement/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs. In Ccunty's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for is ?roportionate Share of the road repairs/improvements will be calculated as determined in
this Agreement. Operator will be invoiced 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 any consider Operator's input prior to making a final determination and assessment. The
County shall lain sole responsibility for determination of Operator's proportional share of costs. Operator
agrees to pay ouch proportional share of costs within 30 days of receiving an invoice from County.
7.0 Annuli toad Inspection. County may conduct a road inspection annually with the cooperation of
Operator for he haul routes designated in 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/improvrnant/maintenance work is to be performed during that construction season. Notification to
the Operator of he required roadway repairs will be given as soon as the data become available.
8.0 Notificaon. The County shall notify Operator of County's preliminary determination and
assessment o•' 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 € final determination and assessment.
PART II: GENERAL PROVISIONS
Verdad Resources, LLC— 1041 WOGLA 19-0008 - RMA 19-0034
Page 3 of 7
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 limited to:
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 Public Works. Public Works 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 in 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
occurring within County ROW requires a ROW permit issued by 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 using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in 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 within which to either cure the violation or demonstrate compliance. If, after
fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may
consider Operator to be in 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
following remedies, or any other remedy available in law or equity.
2.1 Court Action. County may seek relief in law or equity by filing an action in 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
described 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 proceeding with revocation under the current provisions
of the Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after rescission of
the underlying 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, including any clean
up or restoration required. A partial cessation of activities shall not constitute a Termination of this
Verdad Resources, LLC — 1041WOGLAI9-0008 - RMA19-0034
Page 4of7
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless _nformed in writing by the Operator of cessation of activities, and verified by the County,
cessation shall only be presumed if the County determines that the site has been inactive for three
(3) yeas.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA, and intends to make
use of tie rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA. This Agreement shall terminate following 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 Succxsasrs and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets, Operator may not
delettc, transfer, or assign this Agreement in 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
withhell by County. In such case, Operator's release of its obligations 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,
transfer_'ed, or assigned to any municipality which, by and through annexation proceedings, has
assurierl jurisdiction and maintenance responsibility over roads affected by this Agreement.
2.0 Seveebiility. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, :o the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, exprem 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 applicable now or hereafter amended.
4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions .f this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsceser by any other person not included in this Agreement. It is the express intention of the
undersigned taxies that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall bean incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated aeeein, contains the entire agreement between the parties with respect to the subject matter
contained in ths 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.
Verdad Resources, LLC — 1041WOGLA 19-0008 - RMA 19-0034
Page 5 of 7
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
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 in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein 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 District 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 for the payment of attorney fees and/or
legal costs incurred 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, arising from, or on account of the design and construction 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 incurred by
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising 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 maintain adequate worker's compensation insurance and public
liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health.
10.0 Binding 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
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Operator
shall provide the County with proof of Operator's authority 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. Both parties farther agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in 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
Verdad Resources, LLC — 1041 WOGLAI9-0008 - RMA19-0034
Page 6 of 7
event of a dscepancy between this agreement and the Weld County Code in effect at the time of the
agreement, tie _erms of the Weld County Code shall control.
OPERATO erdad Resources, LLC
By: /Jj? Date: / d• / 9
Name: R — /Y
r
Title: ti/F, C-4,1
STATE OF C€LORADO
County of lc /�C,��/
SS.
The forgoing instrument was acknowledged before me this ( day of
2011, by / Is
WITNESS rrw band and official seal.
JEFFREY ALLEN BERGHORN
Notary Public
Mare of Colorado
Notary 0020154017265
M Comrdsion Ex . m0440.2023
WELD COUNTY:
ATTEST: Ma/401.1 �C,l�o:rA
Weld Co . erk e Boar
BY:
Deputy el e r;7 o the B
4338877 hNa s
11/10/2010 01:41 PR 5741:688A _
ty. co
11111
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO' 'O
arbara Kirkmeyer, Ch . it
Verdad Resources, LLC — 1041WOGLAI9-0008 - RMA19-0034
Page 7 of 7
NOV 0 2019
.2O/ 9—hd709
4538977 Pages: 8 of 8
11/06/2019 01:41 PM R Fee :$0.00
Carly Koppes, Clerk and Recorder Weld Cot -:v CO
■III WJ?jI
III UI
Contract Forr-i
New Contract Request
Entity Information
Entity Name*
VERDAD RESOURCES LLC
Contract Name*
RMA 1041WOGLA19-00DBVERDAD
Contract Status
CTB REVIEW
Entity ID
@00038645
Contract ID
3216
❑ New Entity?
Parent Contract ID
Contract Lead* Requires Board Approval
TJUANICORENA YES
Contract Lead Email
tjuanicorena@co.weld.co us
Contract Description*
RMA 1041 WOGLAI9-00D8'VERDAD RESOURCES LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0 00
Renewable*
NO
Automatic Renewal
Grant
IICA
Department
PUBLIC WORKS
Department Email
CM-
Pu blicWorks@eldgov _com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
11/06/2019
Department Project #
Due Date
11,02/2019
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MAAenter MSA Contract ID
Note: the Previous Contrast 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
11/0412020
Termination Notice Period Committed Delivery Date
Expiration Date*
1111012021
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 10/30/2019
Approval Process
Department Head Finance Approver Legal Counsel
JAY MCDONALD CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
10/30/2019 10/30/2019 10/30/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/04/2019
Originator
TJUANICORENA
Tyler Ref #
AG 110419
Submit
4548598 Pages: 1 of 9
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Carly Koppes, Clerk and Reoorder, Weld County, CO
11111"Ill
BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER
Docket Number 1041WOGLA19-0008
1041 WOGLA Hearing Officer Curt Moore heard this matter on October 31, 2019, at the Weld
County Oil & Gas Energy Hearing Room, 1301 N 17th Ave, Greeley, CO 80631 upon application for
a 1041 WOGLA Permit located in the NESW of Section 1, Township 2 North, Range 63 West, 6th
P.M., Weld County, Colorado. Present for the hearing were Dwight Mallory, Permit and
Enforcement Specialist, Weld County; Stephanie Frederick, Oil & Gas Technician; Weld County;
Bruce Barker, County Attorney, Weld County; and Jeff Berghorn, Landman, Verdad Resources,
LLC. Having heard the testimony presented and considering documents submitted for review,
including the application, the Hearing Officer makes the following Findings of Fact and Order:
Findings of Fact and Law
The Hearing Officer makes the following findings of fact:
1. Verdad Resources LLC ("Verdad" or "Applicant") as applicant for the above referenced
Docket delivered its 1041 WOGLA Permit Application ("Application" or "Permit") dated
September 11, 2019 to the Weld County Oil & Gas Energy Director ("Director" or "Staff").
2. Upon review of the Application, Staff found the application to be complete and forwarded
the application to the Hearing Officer for the purpose of scheduling a hearing pursuant to
the Weld County 1041 Regulations ("WCC" or "Code").
3. At the scheduled Hearing on October 31, 2019, Staff gave testimony that the Application
was viewed as complete and further testified that the Application was found to be in
compliance with the Code including the Development Standards within Sec 21-5-320 E.
and Division 4 of Article 5 ("Development Standards") of the Code. Staff further testified
that certain Conditions of Approval ("COA's") and Best Management Practices ("BMP's")
are outlined within the Staff Report and attached to the Application. Staff concluded their
testimony with a recommendation to the Hearing Officer that the Application should be
approved.
4. The Applicant gave testimony that they have reviewed and agreed to be bound to the
Development Standards within the Code; the COA's and BMP's within the Staff Report;
and the Development Standards and Conditions within the referral agency comments
received from Weld County Public Works and Weld County Department of Public Health
and Environment. The Applicant further testified their understanding that by granting
approval of the Permit that the Applicant would be subject to certain Rescission
Procedures in Sec 21-5-370 of the Code should at any time the Applicant is found to be
out of compliance with the Permit.
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Carly Koppes, C1erE and Recorder, Weld County, CO
VIII firallkildliffekliViriAl.M.Farilii+litiilivi 1I 111
5. Based on the facts stated in the Application, having received no applications for
intervention, and based on the testimony presented to the Hearing Officer at the October
31, 21x9 Hearing, the Hearing Officer finds that an order to approve the Application
should be entered.
ORDER
NOW, THEFIEFDRE, IT IS ORDERED, that Verdad Resources LLC's 1041 WOGLA Permit heard under
Docket Number 1041WOGLA19-0008 and located in the NESW of Section 1, Township 2 North,
Range 63 West, 6th P.M., Weld County, Colorado, is hereby approved. Verdad Resources LLC is
hereby bou-dto the Development Standards within the Code; the COA's and BMP's within the
Staff Repot and the Development Standards and Conditions within the referral agency
comments -eueived from Weld County Public Works and Weld County Department of Public
Health and Environment the contents of which can be located at https://accela-
aca.co.weldcr.us/citizenaccess/.
IT IS FURTHER ORDERED, that this Permit shall become effective upon recording in the records
of the Weld County Clerk and Recorder.
Weld Country Oil & Gas Energy
By:
Curt More, Hearing Officer
Dated: Oc4vLe — 31 , ZDl�
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Carly KoPPes, Cterk and Recorder, Wald County, CO
■III IMP.rQYIQIIIIRIOYANI N,Rililli4'rli l lilvi "III
1041 WOGLA Permit
STAFF REPORT
Record Number 1041WOGLA19-0008
Staff Specialist: Dwight Mallory
Location Name: Osborne Pad
Parcel Number(s): 130301000013
Company/Applicant: Verdad Resources, LLC
Representative: Allison Schieber
Hearing Date: October 31, 2019
Legal Description: NE1/4SW1/4 of Section 01, Township 2 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
Proposed Use: Construct new 4 well Oil & Gas location with associated production facility
SUMMARY
The criteria for submission of the 1041 WOGLA Application is outlined in Section 21-5-320 of the Weld County Code.
The Staff of the Weld County Oil and Gas Energy Department (OGED) has completed their review of the Application
as submitted and recommends that 1041WOGLA19-0008 be APPROVED for the following reasons:
1. The submitted Application is in compliance with the requirements of Section 21-5-320 of the Weld
County Code.
2, In the opinion of the OGED Staff, Verdad Resources, LLC (Verdad or Applicant) has demonstrated
compliance with the Development Standards outlined in Chapter 21, Article 5, Division 4 of the
Weld County Code. In doing so, the Applicant has committed to certain Best Management Practices
(BMPs) outlined in the Application, to promote the health, safety, security and general welfare of
the present and future residents of Weld County while protecting both the environment and
wildlife.
3. The OGED Staff requested comment from various referral agencies pursuant to Sec. 21-5-330.A of
the Weld County Code. Where appropriate, Conditions of Approval have been established based
on those comments. Copies of those comments have been made part of the Application record and
are viewable through the E -Permit Center on the Weld County website.
a. Responses were received from the following referral agencies:
i. Weld County Department of Public Works: Referral sent 9/16/2019. Response with
comments received 10/29/2019
ii. Weld County Department of Public Health and Environment: Referral sent 9/16/2019.
Response with comments received 10/9/2019.
iii. Weld County Office of Emergency Management: Referral sent 9/16/2019. Response
with approved EAP received 10/14/2019.
iv. Colorado Oil and Gas Conservation Commission: Referral sent 9/16/2019. Response
with comments received 10/11/2019.
v. Southeast Weld Fire Protection District: Referral sent 9/16/2019. Response without
comment received 9/17/2019.
vi. Colorado Department of Transportation: Referral sent 9/16/2019. Response without
comment received 9/26/2019.
b. No response was received from the following referral agencies:
i. Colorado Parks and Wildlife: Referral sent 9/16/2019.
ii. RE -3J School District: Referral sent 9/16/2019.
iii. BNSF Railroad: Referral sent 9/16/2019.
4. Pursuant to Sec. 21-5-330 of the Weld County Code, notice of the 1041 WOGLA Hearing was
published in the Greeley Tribune on September 13, 2019 and mailed to the Surface Owner of the
property where the Oil and Gas Location is sited. The notice informed the reader of the opportunity
to apply for intervention in the hearing, as provided in Section 21-5-340 A.1 of the Code. The OGED
did not receive any Applications for Intervention regarding this 1041 WOGLA Application.
5. The Applicant certifies that they have a Surface Use Agreement (SUA) with the Surface Owner of
fie property where the Oil and Gas Location is sited.
6. As shown on the attached Location Drawing, there are no Building Units within one -thousand three -
hundred twenty (1,320) feet of the proposed Oil and Gas Location.
The OGED Staff recommendation for approval is conditioned upon the Applicant's continued compliance with the
Development Standards in Chapter 21, Article 5, Division 4 and other applicable sections of the Weld County Code.
The recommendation is also conditioned on the Applicant's compliance with the BMPs identified in the application,
the conditions and standards identified by referral agencies and applicable state and federal requirements.
Additionally, the following specific Conditions of Approval shall apply:
1. Prior to recording of the 1041 WOGLA Hearing Order by the Weld County Clerk and Recorder
a. The applicant shall provide the Weld County Department of Public Works corrected and/or
additional information as needed to ensure Code compliance in reference to the Preliminary
Drainage Report.
b. The Road Maintenance Agreement, RMA19-0034, shall be signed by the Weld County Board of
Commissioners and placed of record with the Weld County Clerk and Recorder.
2. Prot* to Construction
a A Final Drainage Report stamped and signed by a Professional Engineer registered in the State
of Colorado shall be submitted to the Weld County Department of Public Works.
b. A grading permit issued by the Weld County Department of Public Works shall be required.
3. Prior to Drilling
a Applicant must provide initial baseline groundwater sampling data, or information related to
how the site is exempt from the COGCC Rule 609, to the Weld County Department of Public
Health and Environment.
4. After Construction
a Upon completion of construction operations Applicant shall provide to the OGED a GIS map
showing the off -location Flowlines. This digital file should be sent to OGED@weldgov.com.
This recommendation is based upon the review of the Application material submitted by the Applicant and other
relevant information and comments provided by referral agencies.
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Carly Koppel, Clrk and Recordor, Weld County, CO
�����1Qu'���lire, Il I'iti� i� fill 1I II 1
4548598 Pages: 5 of 5
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Car y Koppel, Clerk and Recorder, Weld County, CO
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OSBORNE.0102-02W
FACILITY BOUNDARY •
METER BUILDING •
COMPRESSOR "
CATTLEGUARD
PROPOSED ACCESS ROAD
4 SEPARATOR --'f
NOTE:
EQUIPMENT PLACEMENT IS APPROXIMATE AND SUBJECT TO MODIFICATION DUE TO SPECIFIC CIRCUMSTANCES
ATURE EARI IG DIST
NCE= 0tYl. N 9'±
:• RHEAD PO �NER dar N 22't
`RAILROAD . 0O°. N 126'±
(4) UNDERGROUND CABLE :Utn t1 228'±
(5) WCR 398 00° N 262'±
(6) INTERSTATE , . 0° N 377'±
(7) TWO TRACK 00° E , 63'±
(8) UNDERGROUND P b"BIER. 0 E 63'±
(9) FENCE'`
)15751±
(10) WATER WELL ', '
372'±
1
CULTURAL DISTANCES:
PROPERTY LINE
PUBLIC ROAD WCR 398
BUILDING UNIT
BUILDING
RAILROAD
ABOVE GROUND .UTILITY
WATER WELL
SCHOOL FACILITY
SCHOOL PROPERTY LINE
CHILD CARE/DAY CARE
FROM It
CLOSEST 'N
W 1.741"
N 556'±
E 3367'±
E 3225'±
N 419'±
N 328'±
S 752'±
5280'±
5280'±
5280'±
FROM PRODUCTION
L, ,FACILITYQUIPMENT
r • W ¶589'± (METER BUILDING)
4uu 747'± (METER BUILDING)
NE 3154'± (TANKS)
Brig± (TANKS)
N ANKS)
N ± (METER BUILDING)
S 459'± (TANKS) 7
5280'±
5280'±
280'±
LOYALTY INNOVATION LEGAC •
520 Stacy Court Ste B, Lafayette, CO 80026
303.666.0379 www topographic corn
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