HomeMy WebLinkAbout3e -March 31-14-KellyCaveEmailreXTOPhil Vaughan
From: Kelly Cave <kcave@garfield-county.com>
Sent: Monday, March 31, 2014 9:01 AM
To: Hotard, Bryan
Cc: Phil Vaughan; Fechino, Ashlee; Bittner, Tyler; Hall, Justin
Subject: RE: Parachute Water Management Facility - Limited Impact Review
Thanks Bryan and Phil for providing me the additional information. I was able to meet with Frank last week, and he is in
agreement with Carey that the in-house counsel email authorization is sufficient to provide apparent authority to XTO's
agent. Therefore, Win Ryan is authorized to act on XTO's behalf.
Please let me know if I can be of any further assistance.
Thanks again,
Kelly
Kelly Cave
Assistant Garfield County Attorney
Telephone: (970) 945-9150, ext. 1735
Email: kcave@garfield-county.com
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From: Hotard, Bryan [mailto:Bryan.Hotard@wpxenergy.com]
Sent: Wednesday, March 19, 2014 2:21 PM
To: Kelly Cave
Cc: Phil Vaughan; Fechino, Ashlee; Bittner, Tyler; Hall, Justin
Subject: Parachute Water Management Facility - Limited Impact Review
Good afternoon Ms. Cave,
Thanks again for meeting with us this morning, it was very nice to meet you. I have read the Amended and Restated
Agency Agreement and I do believe that some of the questions you had this morning are answered with this document. I
have attached the Restated Agency Agreement and the email from the XTO attorney regarding Mr. Ryan for your review
as well.
The first question you asked this morning was did XTO have the right to enter into this Agreement with WPX on behalf of
Exxon Mobil Corporation and ExxonMobil Corporation. In the Restated Agency Agreement, under Operator of
Properties, subsection (0), it reads "XTO will draft, negotiate and execute operating agreements, farmout agreements,
farmin agreements, assignments, term assignments, participation agreements, development agreement, exploration
agreements, area of mutual interest agreements, surface leases, surface use agreements, easements, rights-of-way,
declarations and designations of pooling, unitization, communitization and pooling agreements, and other similar
agreements related to the Properties."
The second question that you asked was if XTO had the right to sign on behalf of Exxon Mobil Corporation and
ExxonMobil Corporation. Per the language in subsection (Q) under Operator of Properties, it does state that "XTO is
authorized to conduct all operations and services under this Agreement in its own name and as an independent
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contractor or in the name of Exxon Mobil or ExxonMobil, with XTO acting as it agent (Attorney -in -Fact). XTO will furnish
all labor, supervision, materials, equipment, and supplies necessary for the operation and maintenance of the Properties
and the services listed above."
Once you review, please let Phil Vaughn or myself know if you have any question or concerns.
Thanks!
Have a great day!
Bryan S. Hotard, CPL
Field Land Team Lead, Piceance Basin
WPX Energy Rocky Mountain, LLC
1058 County Road 215 1 PO Box 370
Parachute, Colorado 81635
(970) 263-2754 Office
(970) 361-2006 Cell
bryan.hotard@wpxenergy.com
WPXENERGY
ume
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