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Home My WebLink About20151344.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 115 AND AUTHORIZE CHAIR TO SIGN - NOBLE MIDSTREAM SERVICES, 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 the Upgrade and Maintenance of County Road 115 Right-of-Way 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 Noble Midstream Services, LLC, 1625 Broadway, Suite 2200, Denver, CO 80202, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Nonexclusive License Agreement for the Upgrade and Maintenance of County Road 115 Right-of-Way 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 Noble Midstream, 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 13th day of May, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dgeiltiovCam( ; �f -4 ( ,.Barbara Kirkmeypr, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem B . QJnntA ) (1.,, Cfci)\-t-to <� Dy Clerk to the Bard dollosr c- %;. � . L `. Sean P. Cones APPROVED AS TO FOR I I,. ulie A. Co ad County Attorney V , -� . r \ Steve Moreno Date of signature: 72 ? m:-pW azi-t1F 2 ei PL 2015-1344 EG0072 MEMORANDUM TO: Clerk to the Board DATE: 5/7/2015 86 FROM: Richard Hastings, Public Works Department '11 --Y SUBJECT: BOCC Agenda Item: Non-Exclusive License V�.G O � N T—Tz Agreement: Noble Midstream Services LLC (CR 115 Section Line at CR 104— Oil & Gas Road) Request for approval of Non-Exclusive License Agreement: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Noble Midstream Service LLC to utilize Weld County Roads 104 access on WCR 115 Section Line for a distance of approximately IA mile to access their Oil & Gas Facility . Recommendation: Weld County Public Works Department has observed that an existing access is already in operation. All required documentation has been provided by the applicant. The Department of Public Works recommends approval of this Non-Exclusive License Agreement. \k°, pce Elizabeth Relford,Weld County Public Works Rob Choate,Assistant Count Attorney 2015-1344 Kim Ogle.Weld County Planning Services --C-tC7b`7' M AAGRE MEN'IS\Son-exclusive 201'.44 Noble.2015 Non-Exclusive License Agreement .'4-Noble(Cl2's 104& 115 SI I-MI MO door NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisday of AJC4y , 204Q, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado,whose address is 1150 O Street,Greeley, Colorado 80631,as First Party, and Noble Midstream Services, LLC/ Wattenberg Holding. LLC ,as Second Party whose address is NnhlA Midstream Services, I I C' 1825 Rrnariway, Si ltp 27nf, rlpnvar, (1O 80202 Wattenberg Holding, LLC: NW Expressway, Suite 1100, Oklahoma City, OK, 73112 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the East 1/2 of the Northeast 1/4 of Section 21 ,Township 9 North,Range 59 West of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 115 for a distance of approximately 1/2 mile South of WCR 104 and located as follows: 30' of right-of-way on the east and west sides of the section line between Sections 21 and 22 ,Township 9 North,Range 59 West,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: 1 4107437 Pages: 1 of 5 05/15/2015 10:51 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO Bill a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment(fire department)are a minimum of20 feet. b. If the installation ofa 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. lithe installation ofa 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. inclutlinL1 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. e, Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph I above, or any other requirements stated by First Party, shall be at its Own expense and without the aid or use of Weld County hands, Second Party shall be responsible for snow removal from ROW, i I'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 ol'the ROW. 5. Except for the negligence of First Party.Second Party agrees to protect First Party and save anti 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. Other than assignments in connection with the mortgage or sale ofall or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent shall be required. 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, \\high consent shall not be unreasonably withheld. 4107437 Pages: 2 of 5 05/15/2015 10:51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO P11, 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. 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. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place,the fee may be waived. 12. There shall be a$100.00 fee for the Nonexclusive License Agreement. 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. 3 4107437 Pages: 3 of 5 05/15/2015 10:51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■IIIl!Al %'' , :IiYi•1i'�L14�t�I��M�.�:P�,�Lw��YL�r�, VIII EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: ddrAsiv �� Clerk t• he,B•ard By: ��._.� �.!- Deputy Jerk ` arbara Kirkmey ,Chair I • ��"�•. MAY 1 3 2015 SECOND PARTY: NAME Noble 1 strea ervices, LLC NAME By: Joseph or n By:17 Attorn y - a SUBSCRIBED AND SWORN to before me this 5 day of CIrr✓\.\ 20 IS By TOSe-ph M. Loren-1O ' WITNESS my hand and official seal • • Notary Public z_- N Orq, 0 My commission expires: $ - l?-2016- = y • A°BLJG O r' n7 L" •r'u::11`y M:\AGREEMENTS\Non-exclusive1AGREEMENT FORM.doc 4 4107437 Pages: 4 of 5 go/5- /31i-if 05/15/2015 10:51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County: CO VIII kligil4li 1'I10'I i IT:II lid'IAII'�'�1�1 I■I �fI "Ill STAFF APPROVALS FOR NON-EXCLUSIVE LICENSE AGREEMENT - WATTENBERG HOLDINGS, LLC APPROVED AS TO BST NCE: Ele e Oc I or Depa ment Head — ►4 Director of General Services APPROVED AS TO FUNDING: as 6"164. Contr� APP •R 1 County •rney 4107437 Pages: 5 of 5 05/15/2015 10:51 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III PAP!'6' NI I.' 16:4 Li Bill ., .ice 2015 Non - Exclusive License Agreement #4 : Noble Midstream Services ( CR 115 SL at CR 104 - O & G Road ) CASTOR WADE E USA LC . v 104 , - Noble . v s Midstream NCYO ASSETS LLC CASTOR WADE E I W • r Wattenberg Holdings ' - . r , is, ':1 r Ale ,,. _, ' fr. , , _ . isik:.Sp- NCWYO ASSETS LLC . CR 115 Section Line Access from CR 104 : ( Distance = 1 /2 mile ) - On County Un-Maintained Public Right-of-Way iv CASTOR WADE E - - . - , _ f . ��. X16 ' ~ , 1 , ' t :_ - s a r . CASTOR WADE E CASTOR WADE E ` d • • ; -.1 4 Paved14013 1. 2631 .1434156 awnlinan ,CO ,,, „01:, ,33 ~] ~.„•n? n N at a Y 0, 01 a nna on 10611] 121 In 11 6133 ,w '"Tn i GROVER 1°',72 Gravel ,7.„. _ • • 1101,.'0 ��' ,07 ,NUNN . 10 " ---h: 1 Arterial Service N PIERCE NEW RHYMER w go AULT,�,..m..i -�..��..,at...,.rtot t '°ce�ON Mrt �cg�)1 - -� M MS 113 R, Il u21Y + s�� WINDSOR • w tot min us ,au, w •s• MOM 2 :z1flz Ecr „i - 3lf � � `� " ��"' � 0 470 940 T Y ONP ONTa J 4;70N:73;.;.: �' a 1 Parcels IE ON ,�� DAONO /.175:: +, n a w ': Feet n nnnnaan (iiii s .. % if: i re....e4 saw •� Z I / 4 • • 44 • F_. )7 _ / ‘ 1 / c - 3 i I -\ ( ;/---------- / ; . I a icC(5,11 , c4 i �\ \ ' 4 /WC& • x, ,�` -s ,., - s rare~ a -aL I Lett/ Weld County/Road ROW rz 73)illar I \ LYN' Y.\ I i .# r 1\/ \Th ' East-Pony 1 . 1 - CPF : 0 i 7 1 (( 1 1107-71:1C. ) ci • . -.-'"--%. v CD o ' I / It 1 4 ' I f < i U Ye • if 1/4/ ti: . m rat Oa. e.‘ a „ t #7"42 r. r 1441 N ,�,-,.r ff >cl it ,S ll JJ .9 I ail 1 jell: O / 0� 1 .000rf (1 Legend r i / / t \posy Road Existing County r M i' f i -, l v., N. ' /dl 1,,—...... Y n NOBLE ENERGY, INC. Project No.: 133-35719-14007 d.M TETRA TECH EAST PONY CENTRAL PROCESSING FACILITY Date: FEB 27, 2015 WELD COUNTY, COLORADO Designed By: JJA www.tetratech.com o _ Figure No. 1900 S Sunset Street, Ste. 1-E " Longmont, Colorado 80501 VICINITY MAP co ` PHONE: (303) 772-5282 FAX: (303) 772-7039 i 1625 Broadway y1 noble Suite 0202 j energy Denver,CO 80202 Tel.303.228.4000 Fax:303.228.4280 www.nobleenergyinc.com March 19th, 2015 Mr.Wade E. Castor Mr. Deland Todd Castor 22791 Highway 39 Weldona, CO 80653 RE: Notification of a Request for a Non-Exclusive License Agreement with Weld County to Use County Road 115 Right-of-Way Dear Messrs. Castor, This letter is to notify all property owners using the County section line right-of-way between Sections 21 and 22,Township 9 North, Range 59 West, of the 61h PM,Weld County, Colorado that we are requesting an access for proposed oil/gas operations access within this right-of-way(also known as WCR 115 between WCR 104 and south a half mile). The reason for this notification is to let you know that there will be oil/gas traffic along this Section line and the Weld County Public Works Department requires that all adjacent landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Regards, Erik T. Van Decar Lead Operations Landman Acknowledgement: )14; 1,L. (-/ t ,r.; L Wade E. Castor Date Deland Todd Castor Date cc: Weld Count Public Works (WCR 115 ROW Non-Exclusive License Agreement) Hello