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Home My WebLink About20161872.tiffRESOLUTION RE: APPROVE AMENDMENT OF OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (E1/2 NE1/4, S8, T10N, R57W) - WHITING OIL AND GAS CORPORATION 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, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, on January 26, 2015, the Board entered into an Oil and Gas Lease with Contex Energy Company, 621 17th Street, Suite 1020, Denver, Colorado 80293, to lease 80.0 net mineral acres, more or less, described to -wit: E1/2 NE1/4 of Section 8, Township 10 North, Range 57 West of the 6th P.M., Weld County, Colorado WHEREAS, Contex Energy Company conveyed said lease to Whiting Oil and Gas Corporation pursuant to an Assignment recorded at Reception No. 4185668 in the records of the Weld County Clerk and Recorder, and WHEREAS, the Board has been presented with an Amendment of Oil and Gas Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Whiting Oil and Gas Corporation, commencing upon full execution of signatures, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a 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 the Amendment of Oil and Gas Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Whiting Oil and Gas Corporation, be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. 2016-1872 LE0205-1 AMENDMENT OF OIL AND GAS LEASE - (E1/2 NE1/4, S8, T10N, R57W) - WHITING OIL AND GAS CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d S ref _• cC Weld County Clerk to the Board BYi& O- y Clerk to the Board APP ED AST i ounty Attorney Date of signature: 7 f t t/ I. (O 11t C J Mike Freeman, Chair Sean P. Conway, Pro-Tem CUSED arbara Kirkmeyer Steve Moreno 2016-1872 LE0205-1 CONTEX ENERGY COMPANY LLc Mr. Bob Choate Weld County, CO 1150 O Street Greeley, CO 80632 RE: Oil and Gas Lease Amendment Dear Bob: June 7,2016 Per your request included is the executed Amendment of Oil and Gas Lease by Whiting Oil and Gas Corporation, the current owner of the subject lease. Once it is recorded could you please email me a copy at Dionneiitcontexenergy.com? Thank you. Sincerely. CONTEX ENERGY COMPANY LLC Dionne Erhard Land Consultant 4213806 Pages: 1 of 3 06/23/2016 01:04 PM R Fee:$0.00 Carly Koppes Clerk and Recorder: Weld County CO VIII M!rJIl1* P � I:I�lti ��vl'E�� '�4�ilkn � �� U Vick, 4i 14 II II I Main Office: 621 17th Street, Suite 1020 Denver, CO 80293 (303)623-3444 Northern Office: P.O. Box 627 Dickinson, ND 58602 (701) 225-5507 2016-1872 AMENDMENT OF OII, AND GAS LEASE THIS AMENDMENT ("Amendment"), made and entered into the /,flay of \r.. a , 2016, by and between Weld County, a political subdivision of the State of Colorado, by the Board of County Commissioners, with an address of 1 150 'O' Street, Greeley, Colorado 80632, hereinafter called "Lessor", and Whiting Oil and Gas Corporation, whose address is 1700 Broadway, Suite 2300, Denver, Colorado 80290, as current owner of subject lease, hereinafter called "Lessee" and together called the "Parties". WITNESSETH: WHEREAS, the Weld County, a political subdivision of the State of Colorado, by the Board of County Commissioners and Contex Energy Company entered into that certain oil and gas lease dated January 26, 2015, covering the following described lands in Weld County, State of Colorado, to -wit: E ;4 NE i Section 8, Township 10 North. Range 57 West. 6th P.M. such lease having been recorded at Reception No. 4080833 of the records of the Weld County Clerk and Recorder, (the "Lease"); and WHEREAS, Contex Energy Company conveyed said lease to Whiting Oil and Gas Corporation in the Assignment of Oil and Gas Lease recorded at Reception No. 4185668 of the records of the Weld County Clerk and Recorder; and WHEREAS, pursuant to section 2.E. of the Lease, "[i]f Lessor owns a lesser interest in the oil and gas deposits of the above -described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest hears to the whole and undivided fee", and WHEREAS, it has been determined that the County does not own an undivided interest in the above described lands, but instead owns a 75% interest, which was settled by stipulation recorded at Reception No. 4188248 of the records of the Weld County Clerk and Recorder, and WHEREAS, the Parties now desire to amend the Lease to clarify the mineral acres owned by Lessor. NOW, THEREFORE, in consideration of the premises and of the mutual benefits to be derived herefrom and for other good and valuable consideration, the receipt and sufficiency of which are hereby confessed and acknowledged, the Parties hereby amend the Lease by adding the following sentences to the end of section 2.E.: "The Parties agree that Lessor owns a 75% interest in the 80 mineral acres described herein. The remainder interest of said mineral acres are owned as specified in the stipulation recorded at Reception No. 4188248 of the records of the Weld County Clerk and Recorder." This Amendment shall not require any refund of any payments made under the Lease prior to execution of this Amendment. This Amendment shall be binding upon any payment made after the execution of this Amendment. Except as hereby amended, all terms of the Lease shall remain as originally written, or previously amended. This Amendment shall be binding upon and inure to the benefit of the Parties hereto, their successors, personal representatives and assigns. This instrument may be executed in any number of counterparts, each of which shall be considered an original for all purposes. 4213806 Pages: 2 of 3 06/23/2016 01:04 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County CO ■IIIMCIII1'Z,NMML'IIItlWLIMI11'1�",WhIli VIC:IM?ViIli II II. 4214047 Pages: 1 of 2 06/24/2016 12.14 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County CO VIII MI�1QVfifi� i:I��:If�L' M'Al tr1 i!irdi .PrI Lai1/4441i, Ill II Executed as of the date first above written. LESSEE: WHITING OIL AND GAS CORPORATION State of Seery ( ern Land )ss. County of Date The foregoing instrument was acknowledged before me this irvtk day of iv1,1/4_9_, , , 2016, by the 4V La tn4 , on behalf of Whiting Oil andGas Corporation. f _ MICHELLE MURPHY NOTARY PUBLIC STATE OF COLORADO NOTARY ID $ 20154023719 MY COMMISSION EXPIRES JUNE 16, 2079 My commission expires: L it LeI °. to\ LESSOR: ATTEST: ddriW/ 'ede- Weld County Clerk to the Board / n BY: Deputy CI APPROVED AS TO FU Controller APPROV4 AS TO FORM: County Attorney 4213806 Pages: 3 of 3 06/23/2016 01:04 PM R Fee:$0.00 Carly K2ppes. Clerk and Reoorder. Weld County. CO Witness my hand and official seal. Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair 'JUN 2 0 2016 APPROVED AS TO SUBSTANCE: Elected Official or Department Head 10/A Director of General Services 4214047 Pages; 2 of 2 06/24/220116 12;214 R rk PMd Recorder.Fee$0W00d County. CO Carly VIII t!!�1R4�ilhu�� ICY ,151.0 i'i1 Ill III IMI10:41:PIA:1674,15ilkiL'II'Ifht lhPIil�Iki�'?IIj �IIII Hello