HomeMy WebLinkAbout20151345.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 115 AND AUTHORIZE CHAIR TO SIGN -
WATTENBERG HOLDING, 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 Wattenberg Holding, LLC, NW Expressway, Suite 1100,
Oklahoma City, OK 73112, 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 Roads 104 and 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 Wattenberg Holding, 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: t t�� Z [ c f?t G_ c
�j, /Lsi1/ jefio'� ' arbara Kirkmeye , Chair
Weld County Clerk to the Board
ff1A -
n a • Mike Freeman, Pro-Tern
B : of D O Lc,), .
ee uty Clerk to theboard c
,1\ 11,A . can P. Conway C
APPROVED AS TO FORM: 1861 I F,ey :
( ,114:4 '' lie . Cozad
----- � y-k-Le..„,.....,...,;-----County Attorney �O IT
� v Steve Moreno
Date of signature: o
/
e,c; RI,(,t44 i^,Agi PL. WI r
2015-1345
EG0072
MEMORANDUM
TO: Clerk to the Board
DATE: 5/7/2015
'yam i86i ..f
FROM: Richard Hastings, Public Works Department
•
SUBJECT: BOCC Agenda Item: Non-Exclusive License
G O-U NT—Y g
Agreement:
Wattenberg Holdings 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 Wattenberg Holdings LLC to utilize Weld County Road 104 access on WCR 115
Section Line for a distance of approximately '/z 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.
pc: Elizabeth Relford,Weld County Public Works 2015-1345
Bob Choate,Assistant County Attorney
Kim Ogle,Weld County Planning Services
GelOD12_
VAGRI [MINTSVNon exc]usivc 20 15Ak5 Watlenberg 20Ii Non Exclusive I.iecre Agreement 45-Wattenherg(ER's 104&' 115 SI.)-
RII9MO.doe
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
12T1I
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this kJ day of
AA ,20 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 NohlP Midstream SPrvirps, I I C• 1625 Rrnadway, SuitP 2200, DPnvPr, CO 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 6`h
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
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Carly Koppes. Clerk and Recorder, Weld County. CO
'IIr
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 of 20
feet
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.
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 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. Other than assignments in connection with the mortgage or sale of all 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, which consent shall not be
unreasonably withheld.
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d■III NJP.r�WI�MAYIONIfI'�f'�4 riAli���I��r�IN A*Ili 1101
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 ofthis 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
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Carly Koppes, Clerk and Recorder, Weld County. CO
■III�!�.rl Eti��i«�'li���,�j' II COI i , �I III
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: d.,,,,,,,,,L, „id,,.,,„;
Clerk to eiioard
By: � I A'��: IL By: ' ,iti_ I. .4._...-
Deputy lerk ,� ` � Barbara Kirkmey r , Chaim
1w1 tJ441 MAYI32015
4-14
SECOND PARTY: �► f i
NAME: Wattenberg Holding, LLC NAME
By: Rose Rock Midstream Holdings, LLC,
its Sole Member
By: �'t 1 Z i By:
Peter L. Schwiering,Chief Operatin fficer
SUBSCRIBED AND SWORN to before me this n day of OLVIrI I , 2015 ,
Byrere_r L. S(?hLUlLrkrk-� .
WITNESS my hand and official seal .- z
\,1444.k.._
Notary Public
My commission expires: l 4—t 0
SAMMIE SMITH
Notary Public. State of Oklahoma
Commission# 14001468
My Commission Expires February 14,2018
M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc
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Carly Koppes. Clerk and Recorder, Weld Coun;yi CO
VIII k!li1rMIF' AITLN'Uali'i,ikriMA L'ill'iliiiIliiirir Ill III
STAFF APPROVALS FOR NON-EXCLUSIVE LICENSE AGREEMENT - NOBLE
MIDSTREAM SERVICES, LLC
APPROVED AS TO SUBSTANCE:
Ele d l or Depa ent Head
'1 1 A ---
Director of General Services
APPROVED AS TO F/DING:
Con r
APP ED AST
ounty
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Carly Koppes. Clerk and Recorder, Weld County. CO
■III�1��� wti ti + If��:k'4M wf��':�'��w3��R�'�:E��I:���� ■III
11.1:: ; -L "4.-Wri ' '-litY... . .
2015 Non -Exclusive License Agreement #5 :
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'o wwwletratech.com
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r 1900 S. SunsetSheet, Ste LE Fgure No.
� �oo9mom. cmo�aaoaoso, VICINITY MAP �
m PHONP. (303) ]]L5233 FPX�. (303) 9>2�]039
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1625 Broadway re noble
Suite 2200 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 6th 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:
- 2 (/-
•
Wade E. Castor Date
,..„(,4gi
Deland Todd Castor Date
cc: Weld Count Public Works(WCR 115 ROW Non-Exclusive License Agreement)
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