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Home My WebLink About20212650.tiff MEMORANDUM 1861 TO:Department of Public Works DATE:April 26,2024 3 N T Y FROM:Clerk to the Board's Office SUBJECT:Tyler Document#2021-2650 Final signatures were not obtained by the parties required to fully execute Tyler Document#2021- 2650,approved by the Weld County Board of Commissioners on September 8,2021.Due to the prolonged delay in obtaining final signatures,the Clerk to the Board's Office has deemed it prudent to close this item out.This memorandum will be added to the Commissioners'files to demonstrate this document was not fully executed. 2021-2650 EG0079 Mariah Higgins From: Chance Kruljac<chance.kruljac@chordenergy.com> Sent: Tuesday,April 2,2024 9:31 AM To: Jan Warwick Cc: Mariah Higgins Subject: RE:[External]Copy of Fully Executed Consent to Assign Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jan, I have searched through our digital files and could not locate a Whiting signed copy of consent to assign.It is possible that we have it in our off-site storage.Whiting merged with and Oasis Petroleum on July 1,2022 and we closed the Denver office shortly afterwards and many items were placed in offsite storage.Please let me know if you need anything further from us to close this out. Thank you, 771/11 Chord Energy Chance Kruljac I Land Operations Manager T 281.404.9674 I chance.krulja_c_Pchordenergyrn 1001 Fannin Street,Suite 1500 I Houston,Texas 77002 chordenergy.corn Chord Energy is a result of the merger of Oasis Petroleum and Whiting Petroleum effective July 1,2022. ih!ti (.a c, av i1r1::r,,.;i19iil.Pr:ii= 1..:1.. •✓:I:-;1''`'1 . rr:.i`:.'i Ir ,�r,i't to .. ., :I,.. .. a t ., ... i, ..,. :+ '' •�.? _ From:Jan Warwick<jwarwick@weld.gov> Sent:Tuesday,March 26,2024 3:41 PM To:Chance Kruljac<chance.kruljac@chordenergy.com> Cc:Mariah Higgins<mhiggins@weld.gov> Subject:[External]Copy of Fully Executed Consent to Assign *This email originated outside of Chord Energy.* Chance, CC:Pw(ct-1/itN),PL(ER) oti/26/2L I really appreciate your promptness in returning my call.Hopefully you will be able to locate a copy of the fully executed document,or at least a copy with Whiting Petroleum's authorized signatures. If a signed copy cannot be located,if you would provide an email explaining the loss or misplacement of the signed copy,we can utilize that emailed explanation to close out our document retention process. Thank you, Jan Warwick Deputy Clerk to the Board Weld County 1150 0 Street Greeley,CO 80631 tel:970-400-4217 «:..taa Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Whiting Petroleum Corporation 1700 Lincoln, Suite 4700, Denver, CO 80203 WHITING and its wholly owned subsidiary y Whiting Oil and Gas Corporation Phone: 303.837.1661 I FAX: 303.390.4293 RECEIVED VIA CERTIFIED MAIL AUG 16 2021 Weld County Board of Commissioners WELD COUNTY 1150 0 Street COMMISSIONERS Greeley, CO CONSENT TO ASSIGN Reference is made to that certain Nonexclusive License Agreement ("Subject Agreement") by and between Whiting Oil and Gas Corporation ("Whiting") and the Board of County Commissioners of Weld County, Colorado dated December 20, 2001 and recorded on December 21, 2001 as document number 2911435 of Weld County, CO. Whiting and Fundare Resources Operating Company, LLC ("Fundare Resources"), entered into a Purchase and Sale Agreement dated July 21, 2021. Upon closing,Whiting intends to assign all of its interest, rights and obligations in the Subject Agreement to Fundare Redtail, LLC ("Fundare Redtail"), a wholly-owned subsidiary of Whiting, and then Whiting will convey the membership interest in Fundare Redtail to Fundare Resources (the "Transaction"). Whiting's assignment of the Subject Contract will be effective as of June 1, 2021 at 7:00 a.m., Denver, Colorado,time. Under the terms of the Subject Contract,your consent may be required to the assignment of the Subject Contract pursuant to the Transaction. Accordingly,Whiting respectfully requests you provide your consent to the assignment of the Subject Contract pursuant to the Transaction by executing below and transmitting a copy of your executed signature page to the following postal or email address: Whiting Oil and Gas Corporation Dusty Tucker 1700 Lincoln Suite 4700 Denver, Colorado 80203 Email: Dusty.Tucker@whiting.com Whiting would appreciate your return of the executed signature page as soon as possible after receipt of this instrument but not later than 15 days after your verified receipt of this consent letter. If you do not respond by such date,Whiting will owl 41.044. 9- /7-2Da t 4853365.2 2021-2650(3) ��OD7 Whiting Petroleum Corporation Denver, CO 80203 WHITING and its wholly owned subsidiary 1700 Lincoln, Suite 47 00, y Whiting Oil and Gas Corporation Phone: 303.837.1661 I FAX: 303.390.4293 assume that you consent to the transfer of the Subject Contract pursuant to the Transaction. This consent to assignment may be executed in one or more counterparts each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same instrument. An electronic copy or facsimile of this consent letter bearing a party's signature shall be binding upon such party to the same extent as an original counterpart of this consent to assignment bearing such party's signature. Thank you for your prompt attention to this matter. Executed this $+h day of S fpiferribe,(/2021. (Signature Page Follows) 'VVkiting Petroieum Corporation a. � xrt 1700 Lincoln , Suite 4700 , Denver , CO 80203 a h and its wholly owned subsidiary Nor Whiting Oil and Gas Corporation Phone : 303 . 837 . 1661 I FAX : 303 . 390 . 4293 Signature Page to Consent to Assign Whiting oil and Gas Corporation By : N ame : Title : Board of County Commissioners of Weld County , Colorado 'icr4 0- 8 2021 By : N ame : Steve Moreno Title : BOCC Chair By : N ame : Title : By : N ame : Title : By : Name : Title : , 1 Y NW ill r RESOLUTION RE: APPROVE k ONEXCL1J $VE LICENSE AGENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 133 AND AUTHORIZE CHAIR TO SIGN-ANTELOPE ENERGY COMPANY, 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,the Board has been presented with a Nonexclusive License Agreement for Upgrade and Maintenance of a Portion of Weld County Road 133 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and Antelope Energy Company, LLC,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said ag reement,a i ` copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that tie Nonexclusive License Agreement for Upgrade and Maintenance of a Portion of Weld County Road 133 between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Antelope Energy Company, LLC,be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 17th day of December,A.D.,2001. BOARD OF OUNTY COMMISSIONERS 400m.e..,, WELD CO TY,COLORADO ATTEST: re , r/ }/ i' fi e 4! 141 " ellsChi.J. Weld County Clerk tot a �'w. ` $1 } ett / '�#�,. r I Glenn Vaad, c,p t„ ,,-'�., , Deputy Clerk to the B.. .;, ;r " . ;-~.^E' Wi J rke t- APPROV AS M; 0 `d E. on oun k, ey � obert D. asden Date of signature: .24 2001-3418 EGOQ4I ` 1 • 110111 436 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this ltklay ofDecember , 2001,by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Antelope Energy Company, LLC, a Colorado limited liability company, whose address is P. O. Box 577, Kimball,NE 69145-0577, as Second Party WITNESSETH: WHEREAS, Second Party desires to more effectively access property located in Section 6,Township 9 North,Range 57 West, in Weld County, Colorado,and WHEREAS, First Party is the owner of the right-of-way for WCR 133, being 30 feet in width on each side of the west section lines of Sections 19, 30 and 31 in Township 10 North, Range 57 in Weld County,Colorado,which is hereinafter referred to as "ROW," and WHEREAS,ROW is currently not being maintained by First Party,and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. . First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure, Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to,the following: 1111111111111111311111111111111111113111111111111 2911435 12/21/2001 04:4V JA Suki Tsukamoto 1 at 4 R 0.00 0 0.00. Wald County CO • a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph =, above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions,or obligations referring to the subject matter whereof other than as contained herein. 111111111111111111111111111111111111111111111111111111 2911435 12/21/2001 04:46P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO Y r • • 8. If any term or provision of this Nonexclusive License Agreement, 'or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,the remainder of this Nonexclusive License Agreement,or the application of such terms or provisions,to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in: this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors,and assigns. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WE Xiilp.yy,`•,, COLORADO ®L /44' L \ s. ATl'EST: Clerk to the Board i ti y Deputy Clerk ``G p ;';.` ,, M. J. Geile , Chair y � '1 �% "} (12/17/2001) SECOND PARTY: ANTELOPE ENERGY COMPANY,LLC By: . Reed Gilmore,Manager/Member 1111111111111011I 11111 III 11111111111.1 III IIIII IIII IIII 2911435 12/21/2001 04:48P JA Suki Tsukamoto 3 of 4 R 0.00 0 0.00 Weld County CO ' _ 1 • • STATE OF NEBRASKA ) ) ss. COUNTY OF KIMBALL The foregoing instrument was acknowledged before me this /alit day of November, 2001, by Reed Gilmore as Manager/Member of Antelope Energy Company, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: rc% a 0".9) � Notary Public st GENERAL NOTARY-State of Nebraska DEBRA S.BOHAC •• •-'��^ My Comm.Exp.Jan.20,2003 m:lwpfi leslagreem ntlnon-excl usive\nonexclusive-form.agr.wpd updated 1/23/2001 I 111111 11111 IIIIIII IIIII III 11111E 111111 III 11111 IIII IIII • 2911435 12/21/2001 04:46P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO ' Hello