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Home My WebLink About20231275.tiffRESOLUTION RE: APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT FOR 1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT, 1041 WOGLAI9-0004 - LONGS PEAK RESOURCES, LLC, C/O BOOMTOWN OIL, 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 WOGLAI 9-0004, for Longs Peak Resources, LLC, do Boomtown Oil, LLC, on the following described real estate, to -wit: SE1/4 SW1/4 of Section 28, Township 12 North, Range 65 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 WOGLA19-0004, 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, Longs Peak Resources, LLC, c/o Boomtown Oil, 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 WOGLA19-0004 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 WOGLAI9-0004, approved on November 4, 2019, Reception #4538975, for Longs Peak Resources, LLC, c/o Boomtown Oil, 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 WOGLAI9-0004, approved on November 4, 2019, Reception #4538975, for Longs Peak Resources, LLC, do Boomtown Oil, LLC. 4898949 Pages: 1 of 2 05/18/2023 10:58 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 1111 FAZ WIC161 11111 Cc: PL(TY/MN/DA/zTM) 05/26/23 2023-1275 OG0003 APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT (1041 WOGLA19-0004) - LONGS PEAK RESOURCES, LLC, C/O BOOMTOWN OIL, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance Improvements Agreement for 1041 Weld Oil and Gas Location Assessment Permit, 1041 WOGLA19-0004, be, and hereby is, terminated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: day,4,0 ,, 1,0;t k. Weld County Clerk to the Board Perry L. Buck, Pro-Tem County ney Date of signature: 0546/23 4898949 Pages: 2 of 2 05/18/2023 10:56 aMd Re Fora$,.. d County , CO Carly Koppes, • X11110:1Pl1i III"1�1 iiiri ' � iliiiKli!'CII flak 11 2023-1275 OG0003 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item -Approve Termination of Road Maintenance Agreement for: Longs Peak Resources, LLC do Boomtown Oil, LLC — 1041WOGLAI9-0004 DEPARTMENT: Planning Services DATE: April 25, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the Oil and Gas Energy Department on behalf of Longs Peak Resources, LLC c/o Boomtown Oil, LLC, requesting that the Board of County Commissioners consider approving the termination of the Road Maintenance Agreement for (1041 WOGLA19-0004). The Road Maintenance Agreement was approved on November 4, 2019 and recorded as Reception #4538975 and Tyler #2019-4707, The 1041WOGLAI9-0004 construction was never started within three years of approval thus 1041 WOGLAI9-0004 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 1041WOGLA19-0004, 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 2023-1275 5/3 C-1 0003 April 13, 2023 Brandi Terry 1416 Campbell, Building B, Suite 208 Houston, TX 77055 Re: 1041 WOGLA19-0004 Ms. Brandi Terry: Oil and Gas Energy Department 1402 N. 17th Ave. Greeley, CO 80631 970-400-3580 office ogeddiiweld.gov This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit expired on April 8, 2023: Applicant: Longs Peak Resources, LLC Record Number: 1041 WOGLA 19-0004 Location Name: MOTU West 2821-1 CH Parcel Number: 004728200001 Approval Date: April 8, 2020 Legal Description: NEN W Section 28, Township 12 North, Range 65 West, 6th 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., ORD2015-26: 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, Jason S. Maxey Director Qt sa.*32O9 BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Road Maintenance Agreement for. Longs Peak Resources, LLC, c/o Boomtown Oil, LLC —1041WOGLAI9-0004 DEPARTMENT: Public Works DATE: October 15, 2019 PERSON REQUESTING: mme.ittanicorena Brief description of the issue; The Department of Public Works received a request from the applicant, Longs Peak Resources, LLC, c/o Boomtown Oil, LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for (1041 WOGLA19-0004). No collateral Is regu;rod with this agreement. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the followinv • 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 1041 WOGLA Permit, as signed by the Oil and Gas Hearing Officer. Whst options uist for the Board? t. Have this DOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Hare td. BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOOILA119-0004, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Brush as treater IKSMIltakagau Sean P. Conway Mike Freeman, Pr-Tem Scott K. James Barbara Kiritmeyer, Chair Steve Moreno Gc:PtJCTJ1f.P/TO.) tt/ta(tq Cp,d) 2019-4707 HA-'` t' V 06bab3 ROAD MAINTENANCE IMPROVEMENTS AGREEMENT Longs Peak Resources, LLC, c/o, town Oil, LC — 1041WOGLA 19-0004 1 TIES AGREEMENT is made this day o 20a by and between Longs Peak Resources, LLC, c/o Boomtown Oil, LLC, a corporation organized under the laws of the State of Colorado, whose adcress is 1416 Campbell Building B, Suite 208, Houston, -TX 77055, hereinafter referred to as "Operator" authorized to do business in the State of Colorado, and the County of Weld, a body corporate and poitic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." VIITNESSETH: WHEREAS, "Operator" is the responsible party of the 1041 Weld Oil & Gas Location Assessment (1041WOf3LA) permit located on the following described property in the County of Weld, Colorado: SE1/4 SW1/4 of Section 28, Township 12 North, Range 65 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 WOGLA 19-0004, and W4IEREAS, Operator acknowledges that the final approval of 1041WOGLAI9-0004 is conditionai upon Operator's agreement to fund road maintenance, as described in this Agreement. N©W, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained lierein, the parties hereto promise, covenant and agree as follows: PART t SITE SPECIFIC PROVISIONS A. PRIOR TO CONSTRUCTION AND OPERATIONS: 1.0 HAul Routes: The Operator shall provide haul routes to be reviewed and approved by the Departmeat 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 136 and travetto 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 WOGLA 19-0004 may become part of the established haul/travel routes. 1.1 1-fiul Routes. The following roads are designated as haul/travel routes for any time period designatec as construction or high -volume traffic to and from the Property: 1)See "EXHIBIT A" - Haul Route Map. 2)IThe 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. Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 WOGLAI9-0004 - RMA 19-0033 Page I of 7 O0(9 -47o7 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 Reaaiirementst 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 -pre -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 WOGLAI9-0004 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. Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041WOGLA 19-0004 - RMA 19-0033 Page 2of7 3.0 tank, 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 Coma), and Operator will work together on a plan needed for repair of any roads, including who performs fie repair. Operator shal I provide the County with a pre -approved contractor to be used for repairs. 4.0 Need for Immediate Repajrs; 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 quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such ntice and 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 commenen 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 ll:pair of 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 -Ste Improvement/Repair Costs, County shall notify Operator in writing that the Off -Site Improvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those repairs Ii 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 in this Agreement. Operator will be invoiced accordingly for those proportional sham 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 sham 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 taut w and consider Operator's input prior to making a final determination and assessment. The County stall have sole responsibility for determination of Operator's proportional sham of costs. Operator agrees to nay such proportional sham of costs within 30 days of receiving an invoice from County. 7.0 manual Road lnspectiott. County may conduct a road inspection annually with the cooperation of Operator tar the 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 repair11311 /improvement/maintenance work is to be performed during that construction season. Notification to ! acv the Operator of the required roadway repairs will be given as soon as the data become available. 1ww. 8.0 Nttstification. The County shall notify Operator of County's preliminary determination andw`� assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to agt_ 2. 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 ;. gee data, collection methodology, and determinations. The County shall review and consider Operator's input g!: prior to making a final determination and assessment. vg PART II: sENERS AL PROVISION g Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 WOGLA I9-0004 - RMA19-0033 Page 3 of 7 ME 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 Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 WOGLAI9-0004 - RMA19-0033 Page 4 of 7 Ageement, nor shall County's issuance of a partial release/vacation constitute a Termination. Udess informed 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 j3:2 years. 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 arhas assumed the operation of the business permitted by the 1041 WOGLA, and intends 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 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 Sicessors 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 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 withheld 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. 12 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance 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 unenfa+ceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such pmvsion, to the extent that this Agreement is then capable of execution within the original intent of the partie€ 3.0 Governmental 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 Colbrodo Governmental Immunity Act 0024-10-101 et seq., as applicable now or hereafter amended. 4.0 ND Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved b the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the underdlgrmd parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Satire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorperared 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. Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 WOGLAI9-0004 - RMAI9-0033 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 shalt have exclusive jurisdiction to resolve said dispute. 5.0 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 mceiving 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 further 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 Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 W0GLA 19-0004 - RMA 19-0033 Page 6of7 sari! MEr; �11M mos. ts g lll� event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreemeti, the terms of the Weld County Code shall control. OPERATOR: Lon Peak Resources, LLC, do Boomtown Oil, By: Date: `�,' l I N>gr6e- Vkt' aunit\ k Title: f"'t A , V0 STATE aFTEXAS ss. County of Harris BRANDI NtCHOLE TERRY Notary Public, Stets of Texas omm. Expires 07-10-2023 Notary ID 126137919 Cdtbr The foregoing instrument was acknowledged before me this L day of ____ '^ 2011 by 0"", ` Ak ' WITNESS my hand and official seal. Notary BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO WELD COUNTY: ATTEST - Weld BY: diatni Clerk to the Depaty CI to 4�N70 Pps: 7 etF 8 rt !1/9!!2910 iSalsfl R Rea::0 arbara Kirkmeyer, 04 2019 Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041WOGLAl9-0004 - RMAl9-0033 Page7of7 020 /9- ILio DALEY LAND SURVEYING, INC. PARKER, CO. 80134 303 953 9841 ACCESS ROAD MAP MOTU WEST WELL PAD I .e$m N "� $ aw • u tto o t a ti SA "a* tams. — u' z. 11OD tr'• Q cpCD r� • '3- o ~ i c� I Se.i Onr !/A!/I, SECTION: 28 TOWNSHIP: I ?N RANCE: 6SW Contract Fc rrn New Contract Request Entity Information Entity Name. Entity ID • LONGS PEAK RESOURCES LLC @00041564 Contract Name " ROAD MAINTENANCE AGREEMENT 1041WOGLA19-0004 3209 LONGS PEAK RESOkRCES LLC Contract ID Contract Status CTB REVIEW Contract Lead" TJUANICORENA ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Entail Department Project # tjuanicorena@co weld co us Contract Description. RMA 1041WOGIfi19a1004 LONGS PEAK RESOURCES LLC COO BOOMTOWN OIL LLC NO COLLATERAL REQUIRED Contract Description 2 Contract Type" AGREEMENT Department PUBLIC WORKS Amount" Department Email $0 00 CM- PublicWorks@weldgov com Department Head Email CM-PubtcWorks- DeptHead@weldgov com Renewable' NO Automatic Renewal Grant IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV COM Requested BOCC Agenda Date • 11/09/2019 Due Date 11:C2.2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a mental enter previous Contract ID If this is part of a MIA enter MSA Contract ID 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 11'042020 Termination Noose Period Committed Delivery Date Expiration Date • 11.10/2021 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone I 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 10130/2019 10/30/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Originator TJUANICORENA Tyler Ref # HLD4ORIG Sabin 4548597 Pages: 1 of 5 12/10/2019 01:41 PM R Faa:$0.00 Carly Koppas, Clark and Raoordar, Wald County; CO ■III INFAUFVIIIIEVI'If0''I NW.!MUM ' M LI Wilk 11111 BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER Docket Number 1041WOGLA19-0004 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 SENW of Section 28, Township 12 North, Range 65 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 Ken Snider, Vice President Land, Longs Peak 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. Longs Peak Resources, LLC ("LPR" or "Applicant") as applicant for the above referenced Docket delivered its 1041 WOGLA Permit Application ("Application" or "Permit") dated August 26, 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 4$48597 Pass: 2 of 5 12/10/2019 01:41 or R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII JEllbid61geilithkikefinfiiliti.:,1 .111 11111 Procecures in Sec 21-5-370 of the Code should at any time the Applicant is found to be out ofcompliance with the Permit. 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, 2C19 Hearing, the Hearing Officer finds that an order to approve the Application should be entered. ORDER NOW, THEREFORE, IT IS ORDERED, that Longs Peak Resources LLC's 1041 WOGLA Permit heard under Docket Number 1041WOGLA19-0004 and located in the SENW of Section 28, Township 12 North, Range 65 West, 6. P.M., Weld County, Colorado, is hereby approved. Longs Peak Resources LLC is hereby 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 comrrmnts received 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.weld_co.us/citizenaccess/. IT IS FURTHERORDERED, that this Permit shall become effective upon recording in the records of the Weld County Clerk and Recorder. Weld Counter Oil & Gas Energy By: tifIL Curt Moore, Hearing Officer Dated: Oe P_r 3 I, 201 4548597 Pages: 3 of 5 12/10/2019 01:41 PM R Fee:S0.00 Orly Kopp., Clerk and Recorder, Weld County, CO 1041 WOGLA Permit STAFF REPORT Record Number 1041WOGLA19-0004 Staff Specialist: Dwight Mallory Location Name: Motu West 2821-1CH Parcel Number(s): 004728200001 Company/Applicant: Longs Peak Resources, LLC Representative: Michael Rozenfeld Hearing Date: October 31, 2019 Legal Description: SE1/4SW1/4 of Section 28, Township 12 North, Range 65 West of the 6th P.M., Weld County, Colorado Proposed Use: Construct new 14 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 1041WOGLAS9-0004 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, Longs Peak Resources, LLC (LPR 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 with comments were received from the following referral agencies: i. Weld County Department of Public Works: Referral sent 9/17/2019. Response with comments received 10/29/2019. ii. Weld County Department of Public Health and Environment: Referral sent 9/17/2019. Response with comments received 10/14/2019. iii. Weld County Office of Emergency Management: Referral sent 9/17/2019. Response with comments received 10/29/2019. iv. Colorado Oil and Gas Conservation Commission: Referral sent 9/17/2019. Response with comments received 10/10/2019. b. No response was received from the following referral agencies: i. Colorado Parks and Wildlife: Referral sent 9/17/2019. ii. Nunn Fire Protection District: Referral sent 9/17/2019. iii. RE -9 School District: Referral sent 9/17/2019. 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 the 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. Pior 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 Applicant shall submit payment for Access Permit APOG19-0108, invoice number 115830 to the Weld County Department of Public Works. c. An approved Emergency Action Plan signed by the Weld County Office of Emergency Management shall be obtained by the Applicant. d. The Road Maintenance Agreement, RMA19-0033, shall be signed by the Weld County Board of Commissioners and recorded by the Weld County Clerk and Recorder. 2. Prior 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 shall provide initial baseline groundwater sampling data, or an explanation of why the site is exempt from the COGCC Rule 609, to the Weld County Department of Public Health and Environment 4. Ater 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 informatmn and comments provided by referral agencies. 4548587 Pages: 4 of 5 12/10/2019 01.41 PM R Fee:$0.00 Carly Kopp., Cleric and Recorder, Weld County, CO 11111 FOX 414 11111 4548597 Pages: 5 of 5 12/10/2019 01.41 PM R Fee:$0.00 Car y Kopnes, Clerk and Recorder, Weld County CO VIII frci lithielfi 10:1'i y VilAkitifYei'Ick, iiiyi 5111 ldEMOST BUFFS � MOM IMITTAVOi WITS SraWs4 mint t. ember NA woes l.s llb PRoOtterVti Para( r y • 1+,•. i...—$$fle ,�ti- 6-• - PRO OSED V 4t L$ 0 i a 1 mart; tns r Wit• 1M4 T .•T •••••- saPpaadvir P 1tVDGABLi MAST ACSaki a ~�?C !.IfrLti 44;6 WOGLA LOCATION DRAWING MOTU WEST WELL PAD SECTION 28. TOWNSHIP 12 NORTH, RANGE 65 WEST OF THE 6TH P.M. CULTURAL ITEMS; WELLHEAD MEASURED FRQW THE NEAREST PROPOSED BUILDING: 5280'+ BUILDING UNIT: 5280' + PROPERTY LINE: 250't S SCHOOL FACILITIES: 5280'+ CHILD CARE CENTERS: A ,5280'+ EDGE OF IMPROVEMENTS (MEASURED FROM NEAREST DISTURBED AREA) I. WIRE FENCE; 2' ± E 54't S 625.1 SE 2. EX. WELL ACC. RD.: WITHIN DjA ' 3. O.N. UTILITY: 501± S NOE IMPROVEMENTS 9-001 1 O4 LISTED HEREON BEYOND THE 500' COGCCCC IMPROVEMENT BUFFER WY NOT BE SURVEY GRADE AND MAY MAW BEEN LOCATED USING PUBLICLY AVAILABLE SOURCES b s10: T•IN i m iti S ti f a'TIA)f1.4l%M 3r O.14$3.1441 I M •w...+ A..• • 1 Hello