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HomeMy WebLinkAboutApplication-PermitI Garfield County Building & Planning Department 108 8th Street, Suite #401 Glenwood Springs, Co. 81601 Office:970-945-8212 Fax: 970-384-3470 Inspection Line: 970-384-5003 Building Permit No. Parcel No: 2135-321-00-009 ·~---·· -~---·----~----·~--· -------~------·-- Locality: sw 1/4 -------·-----··---------····-----··----------------- Job Address: ____________________ __§Elc 3~.' T5S, R~€)\J'\1__ .. --·----------- Use of Building: _____________ B'Jlerimeter fence ·····--________ _ Owner: Contractor: OPD Fees: Plan Check: $ 418.44 Septic: Bldg Permit: $ 634.75 Other Fees: Total Fees: j_ __ 1,053:1 .. ~ Clerk: ~C/1 __ __ Date: I 2 3 4 5 GARFIELD COUNTY BUILDING PERMIT APPLICATION 108 gth Street, Suite 401, Glenwood Springs, Co 81601 Phone: 970-945-82I2 I Fax: 970-384-3470 I Inspection Line: 970-384-5003 www.garficld~county.com is available at the assessors office 970-945-9134) has not been assigned, please provide Cr, Hwy or Street Name & City) or and legal description 33, Township 5 South, Range 96 West of the 6th P.M. No: Oil Co. Please contact Phil 970-625-5350 0 0 0 No. Floors: 0 Authoritv. This application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building Pcnnit cannot be issued withmlt proof of legal and adequate access to the property for purposes of inspections by the Building Department. Other Permits. Multiple separate pennit'l: may be required: (I) State Electrical Permit, (2) County TSDS Permit, {3) another pennit required for usc on the property identified above, e.g. State or County Higl1way/ !Wad Access or a State Wastewater Discharge Permit. Void Permit. A Building Permit beComes null and void if the work authorized is not commenced within 180 days of the date of issuance and ifwork is suspended or abandoned for a period of 180 days after commencement. CERTIFICATION I hereby certifY that I have read this Application and that the information contained above is true and correct. I lmdcrstand that the Building Department accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to constmct the structurc(s) and facilities detailed on the submittals reviewed by the Building Department. In consideration of the issuance of the Building Penni!, I agree that I and my agents wi!l comply with provisions of any federal, state or local law regulating the work and the Garfield County B11ilding Code, ISDS regulations and applicable land use regulations (County Regulation(s)). I aclrnowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with Cmlnty Regu!ation(s) or any other applicable law. I hereby grant permission to the Building Department to enter the property, described above, to inspect the work. I further acknowledge tllat the issuance ofthe Building Pennit does not prevent the Building Official from: (I) requiring the correction of errors in the submittals, if any, discovered after issuance; or {2) stopping construction or use ofthe structure(s) or facility(ics) if such is in violation ofCountyRcgulation(s} or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Department do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agent~, including without limitation my archite<:t designer, engineer and! or builder. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE NOTICE & CERTIFICATION ABOVE: STAFF USE ONLY Special Conditions: Adjusted Valuation: Plan Check Fee: Permit Fee: Manu home Fee: Mise Fees: ~-00 4(~.44 0'74: .{~ ISDS Fee: Total Fees: Fees Paid: 1-j ~ Balance Due: ~ & Issue Date: ISDS No & Issued Date: /063. jq 4/CO. t;,?;t:f. 7~ I 122-:t 2.r-:. .01 Setbacks: OCC Group: ConstType: Zofl:L . BLj DEPT: ~~ ~ AP~-"<:~~~DATE afl1-L.e~ P~DEPT:~ , ~ ~\~. APPROVAL -DATE ~[?/~ The following items are required by Garfield County for a final Inspection: I) A final Electrical Inspection from the Colorado State Electrical Inspector. 2) Permanent address assigned by Garfield County Building Department and posted at the structure and where readily visible from access road. · 3) A finished roof; a lockable building; completed exterior siding; exterior doors and windows installed; a complete kitchen with cabinets, sink with hot & cold running water, non-absorbent kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessary plumbing. 4) All bathrooms must be complete, with washbowl, tub or shower, toilet, hot and cold running water, non-absorbent floors, walls finished, and privacy door. 5) Steps over three (3) risers, outside or inside must be must have handrails. Balconies and decks over 30" high must be constructed to all IBC and IRC requirements including guardrails. 6) Outside grading completed so that water slopes away from the building; 7) Exceptions to the outside steps, decks, grading may be made upon the demonstration of extenuating circumstances., i.e. weather. Under such circumstances A Certificate of Occupancy may be issued conditionally. 8) A final inspection sign off by the Garfield County Road & Bridge Department for driveway installation, where applicable; as well as any final sign off by the Fire District, and/or State Agencies where applicable. A CERTIFICATE OF OCCUPANCY (C.O.) WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. A C.O. MAY TAKE UP TO 5 BUSINESS DAYS TO BE PROCESSED AND ISSUED. OWNER CANNOT OCCUPY OR USE DWELLING UNTIL A C.O. IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a C.O. for the building identified in the Building Permit. OWNERS SIGNATURE Bapplicationdccember2007 GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS FOR CONSTRUCTION OF COMMERCIAL OR MULTI-FAMILY RESIDENTIAL BUILDINGS Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan and in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Plans to be included for a Building Permit must be on draft paper at least 18"x 24"" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony steps, hand rails and guard rails, windows and doors, including the finish grade and original grade line. A section showing in detail, from the bottom of the footing to the top of the roof, including re-bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house-rap, (which is required), siding or any approved building material. Engineered foundations may be required. Check with the Building Department. 1 A window schedule. A door schedule. A floor framing plan, a roofing framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. windspeed, wind exposure B or C, and a 36 inch frost depth. All sheets need to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be in compliance with the 2003 IBC, IPC, IMC, IFGC, and IFC. Applicants are required to indicate appropriately and to submit completed checklist at time of application for a permit: I. Is a site plan included that identifies the location of the proposed structure, additions or other buildings, setback easements, and utility easements showing distances to the property lines from each corner of the proposed structure prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Slopes of 30% or more on properties must be show on site plan. (NOTE: Section 106.2) Any site plan for the placement of any portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyors signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the envelope. YesX ·--- 2. Does the site plan when applicable include the location of the I.S.D.S. (Individual Sewage Disposal System) and distances to the property lines, wells (on subject property and adjacent properties), streams or water courses? This information must be certified by a licensed surveyor with their signature and professional stamp on the design. Yes Not necessary for this project _X __ 3. Does the site plan indicate the location and direction of the State, County or private road accessing the property? YesX __ 4. Is the I.S.D.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? Yes Not necessary for this project._X __ 5. Are the plans submitted for application review construction drawings and not drawings that are stamped or marked identifying them as "Not for consttuction, for permit issuance only", "Approval drawings only", "For permit issuance only" or similar language? YesX Not necessruy for this project __ _ 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the building code or per stamped engineered design? Yes __ Not necessary for this project_X __ 2 7. If the building is a pre-engineered structure, is there a stamped, signed engineered foundation plan for this building? Yes __ Not necessary for this projectX __ 8. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes __ Not necessary for projectX __ 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist spaces and soffits? Yes __ Not necessary for this projectX __ I 0. Do the plans include design loads as required under the IBC or IRC for roof snow loads, (a minimum of 40 pounds per square foot in Garfield County)? Yes __ Not necessary for this project_X __ 11. Do the plans include design loads as required for floor loads under the IBC or IRC? Yes __ Not necessary for this projectX __ 12. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes __ Not necessary for this projectX __ 13. Is the wind speed and exposure design included in the plan? Yes __ Not necessary for this project_X __ 14. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes __ Not necessary for this projectX __ 15. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Yes __ Not necessary for this projectX __ 16. Does the elevation plan indicate the height ofthe building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof? (Check applicable zone district for building height maximum) Yes __ Not necessary for this project_X __ 3 17. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase II certifications or Phase II EPA certification? Yes __ Not necessary for this projectX __ 18. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the IBC or IRC? Yes __ Not necessary for this projectX __ 19. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the IBC or IRC? Yes __ Not necessary for this projectX __ 20. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes __ Not necessary for this project_X __ 21. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? Yes __ Not necessary for this project_X __ 22. Do the plans include a complete design for all mechanical systems planned for installation in this building? Yes __ No Not necessary for this project._X __ 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the IBC Chapter 3) Yes __ Not necessary for this project'-X __ 24. Does the plan indicate the quantity, f01m, use and storage of any hazardous materials that may be in use in this building? Yes __ Not necessmy for this project_X __ 25. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes __ Not necessary for this projectX __ 26. Do the plans indicate the location and dimension of restroom facilities and if more than four employees and both sexes are employed, facilities for both sexes? Yes __ Not necessaty for this project_X __ 4 27. Do the plans indicate that restrooms and access to the building are handicapped accessible? Yes __ Not necessary for this projectX __ 28. Have two (2) complete sets of construction drawings been submitted with the application? YesX 29. Have you designed or had this plan designed while considering building and other construction code requirements? YesX 30. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by the Garfield County Building Department? YesX 31. Do your plans comply with all zoning rules and regulations in the County related to your zone district? For comer lots see supplemental section 5.05.03 in the Garfield County Zoning Resolution for setbacks. YesX ·--- 32. Do you understand that approval for design and/or construction changes are required prior to the implementation of these changes? YesX 33. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application and that you will be required to pay the "Permit" fee as well as any "Septic System" or "Road Impact" fees required, at the time you pick up your building permit? YesX __ 34. Are you aware that you are required to call for all inspections required under the IBC including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? YesX 35. Are you aware that the Petmit Application must be signed by the Owner or a written authority be given for an Agent and that the party responsible for the project must comply with the Uniform Codes? YesX 36. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made between 7:30 a.m. and 3:30p.m. Monday through Friday. Inspections are to be called in to 384-5003. Yes_X __ 5 37. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $50.00 re-inspection fee? Yes_X __ 38. Are you aware that prior to submittal of a building permit application you are required to show proof of a legal and adequate access to the site? This may include (but is not limited to) proof of your right to use a private easement/right of way; a County Road and Bridge permit; a Colorado Dept. of Highway Permit including a Notice to Proceed; a permit from the federal govermnent or any combination. You can contact the Road & Bridge Department at 625-860 I. See Phone book for other agencies YesX 39. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups? The license number will be required at time of inspection. YesX 40. Are you aware, that on the front of the building permit application you will need to fill in the Parcel/ Schedule Number for the lot you are applying for this permit on prior to submittal of the building permit application? Your attention in this is appreciated. YesX 41. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes_X __ (Please check with the building department about this requirement) 42. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading permit? Yes X__ Not necessary for this project __ 43. Did an Architect seal the plans for your commercial project? State Law requires any commercial project with occupancy of more than 10 persons as per Section 1004 of the IBC to prepare the plans and specifications for the project. Yes Not Necessary for this project _x ____ _ 44. If you anticipate obtaining a water tap from the City of Rifle, please provide a letter indicating that the City will provide water service. No building permit application will be accepted without such a letter. Yes 6 I hereby acknowledge that I have read, nnderstand, and answered these qnestions to the best of my ability. Signature 970-625-5350 Phone: ______ ( days); _________ (evenings) Jackrabbit Compressor Station-Perimeter Fence Pr~ectName: ________________ ___ SW1/4,S33,T5S, R96W, 6th P.M. Project Address: _______________ _ Note: On any of these questions you may be required to provide this information. If required information is not supplied, delays in issuing the permit are to be expected. Work may not proceed without the issuance of the petmit. *If you have answered "Not necessary for this project" on any of the questions and it is determined by the Building Official that the information is necessary to review the application and plans to determine minimum compliance with the adopted codes, please expect the following: A. The application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review. B. Delay in issuance of the permit. C. Delay in proceeding with construction. BpcommDec2007 7 .. · BUILDING PERMIT GARFIELD COUNTY, COLORADO INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB Date Issued _ __..2_:__1_3_,• Q...,._Cf_._ ______ Permit No. _ _,/'--'-'/'].=-"'2"'7--'-------- AGREEMENT In consideration of the issuance of the permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of t'he proposed structured for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building department and IMMEDIATELY BECOME NUll AND VOID. ~MC~r~~---------------- AddressorlegaiDescription s,fC. ~~ -r6S, fZ.qkift/ ____________ _ Use Owner -UYnJR:Iro~ Contractor-'loQ.-Qip-""Q"'------- Building PermitType (.ouMf.rcid This Card Must Be Posted So It Is Plainly Visible From The Street Until Final Inspection INSPECTION RECORD Footing Driveway Foundation I Grouting Insulation Underground Plumbing Drywall Rough Plumbing Electric Final {by State Inspector) (Prior to Final) Rough Mechanical Septic Final Gas Piping FINAL/?--$'-cJ'l ~~ Electric Rough (by State Inspector) {You Must Call For Final Inspection) (Prior to Framing) Notes Framing (to include Roof in place & Windows & Doors installed & Firestopping in place) THIS PERMIT IS NOT TRANSFERABLE For Inspection Call970-384-5003 Office 970-945-8212 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 DO NOT DESTROY THIS CARD EPCO~ INC. ' October 24, 2008 Mr. Fred Jarman Director Garfield County Building and Planning Department 1 08 8th Street, 4th floor GJenw9od Springs, CO 81601 Dear Mr. Jarman, ,. By this letter Enterprise Gas Processing, LLC authorizes Phil Vaughan, PVCMI· Land Planning Division, to represent Enterprise Gas Processing, LLC in any and all matters related to the Developmpnt Plan Review for Right-of-Way application for the Marathon Gathering System and the associated Jackrabbit Compressor Station. This includes the preparation and submission of documents associated with the land use application and representation of the application before the applicable appointed and elected boards. Sincerely, ~~cL--_ Richard Hutchison, P.E. Vice President -Project Management EPCO, Inc. P.O. Box 4735 Houston, Texas 77210·4735 713.381.6500 1100 Lo.t~isiana Street Houston, Te)(as 77002¥5227 'l!tu:suant to c:,~,s. ~$S--<30-172, the_ chder.sigtie<;l el(eou\:e's t;;h~f..lf!!'~«t~t --o_J; A\i~h,,-r~ty on, ~.ep_i>.lf (:,t,f(ltflpt:(~ ~fig_~ {far~4 ,LU "-b&--""-""""'"" _ {corp!J'rat>.·:m;~hmlite~ hal;n.h-c;:J ,Ponipaiiy, _-,\i!eheral patt:n..,rship, __ ;ce.gistered .limite;d liabil;i_ty partnership> :'registered limited, liab':Llity Hmit;ed partnership, lil)ld;f+ed_ Pi!:rtnersl';i;p <!ss<;~i;:1,atio\1, :go;Vernn)ent agenc.y, tr-1.1st .or otl;e.r;l, i).n entitY oth¢1:: .th!)h \i!.rt iri{li9;i(lpal, capiln1e o.f holdinq t.itle tO.· real pl:Merh'y (the, 'cEnHty.;,), and states as follows: ci<:inqarning th.e mann.ii\i: l,nte.i:ei?.t iP, :i:eal P.~:oJ?erty are: W.i ~~\<3·.SS'. ·:m:f· h~11nd · and oCf.:icdut . seat.· 'W ¢'*'t:£$.>;2¢n rlJ"pi l:es; JJ:pdJJr.irlJ.L · o::~~!l!t~{< DONNA l KNAPP !"'~:·· ·.~, Notary Public, Stateof1exas %,,J. .?:i My Commisslon.Expi(es · 'l<.,ti{,f.tJ}).~ Apdl 22, 2012 Leonard W. Mallett sr. Vice res1aell\-~- SURF' ACE: LEASE AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGI'tEEMENT, made dfective on this l[;~day of JuJy 2008, by and between Berry Petroleum Company, a Delaware corporation. 1999 Broadway, Suite 3700. Denver. Colorado 80202, hereinafter called "Lessor", anu Enterprise Gas Processing, lLC, a Delaware limited liability company. ·1100 Louisiana, Houston, Texa3 77002-4324. hereinafter called "Lessee". The entities· named above may sometimes individually be referred to as "P<~rty" ancl collec!ively as "Parties." WITNESS EII-I: For <md in col)sideration of Ten Dollars ($10.00) and otller valu<Jble consideration, anti the mutual covenants herein contained. Lessor does hereby lease vnto Lessee the surface of the following described property. situated in Garfield County, Colorado; A seventeen and fifty~three one hundredths (17.53) acre parcel of land silua!ed in the SWX of Section :l3, Township 5 South, Hang(l 96 West of the 6'!11 PM, and which is rnore particularly described 1n the a!lached Exhibit "A 1". The above described property is l1ereinafter referred to as the "leasecl Premises." The Parties recognize thai LGssor and Marathon Oil Company {"Marathon") each owns an undivided interest in !he surface of the Lease<l Premises, !hilt !his Sulface let-~se Agreement covers and includes Lessor's interest only, t-~nd t11at Marathon's interest in the Leased Premises is or will be leased lo Lessee under a sHpawte agreement. This Surfoce lease Agreement covers surface rights only, and does rw! include the right to explore for. or produce ofl, gas or other minerals. This Surface Lease Agreement is given s~rbject to a !I let-~ses. conditions. limitations, and reservations. if any. of record or arisit1g by operation of law, and the rights of any parties pursU<ll1t to some. The rights leased to Lessee herein shalt be non-exclusive and L0ssor shall have thG' continuing right to access the leased Premises and to use the Leased Premises in any way which does not unreasona!Jiy lnlerfere wi111 Lessee's use of tho Leased Premises. Lessor rn01kes no warrantees or representations concerning the title to the Leased Premises. Jn additlon. lessor herelly grants to Lessee a non-exc~usive m;ctlSS right· of-way to the Leased Premises, for ingress and egress to the leased Premises. loom Garden Gulch Extension f~oad as depicted on the ilH<lched Exhibit "8" This access right-of-way shall terminate wiltl the expirahon of this Surface Lease Agreement. agrees to enter into an agreement with Lessor (the ''Gas Gatherin9 Agreement") pursuant to which Lessee shall provide Lessor gas 9<llherinq and processing services for Lessor's gas on a capacity nvailable basis as requested by Lessor at terms comparable to those Lessee charges other producers in !he men for similar services and will redeliver Lessor's gas <11 !he tairgate of Lessee's Meeker gas plant at !he inlrH to the Rockies Express pipeline. The Gas Gathering Agreement will be prepared and executed prior to start up of Lessee's compressor facilities localecl on Lessor's surface. The term of the Gas Gathering Agreement will ll0 cotem1inus with the term ot this Surface Lease Agreement. Lessoe will provide a lap and valve on Lessee's pipeline o1l a location mutually acceptable to both Parties to allow doliveries of Lessor's gas into Um suction side of Lessee's compressor station covered by this Surface Lease Agreement. Lessor will provide and install, at lessor's own co~l. inlet measurement and control facilities of typical industry clesign tl\at me reasonably acceptable lo Lessee to be located Llpstream of tho tap <md valve installed by Lessee. Lessor will install and own, and Lessee 111ill operate, these inlet measurement and control facitilies during the term of the Gas Gathering Agreement. 5. Maintenance and Restoration of the Leasod Premises. Lessee wiil maintain t11e Leased Premises during the !ernt of this Surface Lease Agreement in good repair. clear of refuse and iit!er. Upon termination of this Swrface Lease Agroement. Lessee will return the Leased Premises to Lessor in its original or better condiiion, normal wear and tear exceptod. The use, maintenance and restoration of !he Leased Premises shall inciLJde H1e remova~ of top·soil from !he Leased Prem1ses separately from other lll<lterial removed by Lessee in connecl•on with its activities on the Leased Premises, and til<; repi<JC(lment of such topsoil during restoration work. Lessee further agrees to insure that !110 Le<lSed Premises shall be left free of any large stones, holes, or piles of dirt which would inlerlere with fanning. ranching and/or other opGrations thereon. All stones, brush and debris uncoverecl on, removed from or deposited on Lessor's lands as the result ol activities permitted hereunder shill! be disposed of at Lessor's direction All cuts, fill slopes, p'rt and topsoil pries and soil piles will be stabilized and revegetated immediate!)' following construction. land sLrrrounclin!) !he leased Premises will be brought b<1ck to a 3·1 slope during interim reclnrnation. All areas of soil disturbance shan be smooth graded, cultivated to provide a loose sor~d becl of <• minimum of 6 inches in depth, fertilized vi1th 250 poLJnds of 46-0-0 per acre, seeded with the seHd mixture listed b\<iow, ancl mulched with 1 Y, tons of grass hay crimped into the soiL Lessee shall continue to maintain stonnwater erosion conlrols during this phase of reclamation. Lessor mtains the oplion of altering the seed mixlLne before seeding is BUT NOT LIMITED TO, PROPERTY OF INDEMNITEE$, LESSEE:, LESSEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY} OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS, INCLUDING, BUT NOT LIMITED TO, THE COMPREHENSIVE ENVIRONMENTAL, RESPONSE, COMPENSATION, AND L!Al31lliY ACT OF 1980, AS AMENDED (CERC!..A) AND THE RESOURCE CONSERVATION AND RECOVERY ACI OF 1976, AS AMeNDED (RCRA). THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOiD OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW, i i. Lessee Insurance Requirement. l.essee agrees to ob!<lin and nwinltlirl insurance ncceptable to Lessor ~t;hich is primary to any other 'rnsurance or self·insuromce and which names Lessor as additional insured wilh respect to liability arising out of Lessee's performance hereunder. but only to lhe extent of liHbili!ies assumed by lessee under this Surface Lease Agreement. Such insurance shall at a minimum include: a. Commercial Generai Liabilily Insurance Form or the equivalent covering lessee's contingent liability, Premises Operations. Completed Operations and Products Liability. Contractual Liability, <lnd if reqtlcsled by Lessor. liability arising from explosion. collapse. or underground property damage, all with a minimum combined single limit of $2.000.000 eacl1 occurrence. for Bodily Injury ilnd Property damage includin9 personal mjury. b. Comprehensive Automobile Liabifily lnswance or Business Auto Policy covering all owned, hired or otherwise operated non-ovmed vehicles wilh a minimum combined single limi! of $2,000,000 each occummco lor Bodily Injury and Property Damage. c. Workers Compensation instrrance as required by law. coverin9 all states of operation. and Employers Liability Insurance with a minimum of $1,000,000 each occurrence. Lessor mserves !he right to change its minimun1 insurance requirements. Before commencement of any activities on the Leasc:d Presmises pursuant to this Surface lease Agreement, le5See shall furnish LGssor with Certificates of /ns11r1mce acceptable to Lessor confirming compli<1nce herewith and providing that no coverage will be canceled or materially changed ptior to 30 days adv<Jnce written nolice to Lessor. Subrogation against lessor shalf be waived as respects all of the insurance policies set forth above. An Allemate Employer Endorsc:menl may be substituted for the Additional Insured Endorsemt:lnl onl)' with respect to Workers Compensation Insurance and Employer's Liabilily Insurance. The Page 9 of 13 obligatiorls contained in this paragraph 22 shall survive termination or !his Surface Use Agreement for a period of six (6) months. 23. Men:Hm;,ru:lum of Agmome.J:!t The Parties <lgree that !his Surface le<ISe Agreement will nol be recorded in the Gartield County records; however, at the request of eilher Party. the Parties will execute for recording purposes a memorandum of st>rface lease agreement in recordable form eviclerlcing the existence of this Surface Use Agreement. 24. Entire AgroomonL This Surface lease Agreement represents the lull \Jnderstanding betwHen the Parties concemhig the matters set forth in this Surface Le<lSc, Agreement. IN TEST!Iv10NY Wlit'REOF. !he Parties hereto have execvled this Surface Lease Agreement as of the day and year first written. Lessee: Enterprise Gas Processing. LLC Tille: Vice Presidcmt Page 13 of 13 r:·=l t'"""=•=""''"''"""'"'''"'""'''"'"'""'~"'"""'~"""'" ~""""'~ ·,,. i MOCBerry I. 1. * ! \" < l Porbon of rO<ld : included in i I l · r Agreement f. ············ logond 10!® Vr,J-Jt:>l-~, ffi!Ml'l Ar-~:.:'1,'<1 H~\111, t:)Moc Ll~r') ~~--~r~;:>~! -~] v •. 1r r.?"r"' i.t."<lH,.•:'l >t 5S 96W l ! : Porllon or mad ·. 1ncluded in Agreement 28 34 '·'' 6 (!YS.\ Mornmon Otl Ccmwony .~L·:.f!0 .. :;;;:;.;;.' .... ~ ' -,-,.....--.~~ Piceance 8asi11 t:.~h!t)l~ ·-w ~\u:~-'~~s Hu<Hj <:.1\"~r MOC f~~ry S1JrfJH~ " .-.. ,., ·•'"-'" ....... ,.~ _.,.,.,__._........ . '"'•"-"----·-•->< ••';Jtt.t.r,, \.g<r.~. ~ .. _LI[Uh! '" •<! ·r:1 ~'-<'O."IS •'' ·' lf' ·~. k· SURFACE LEASE AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGREEMENT, made effective on this /i!i.}.Jay of July, 2008, by and between Marathon Oil Company, an Ohio corporation, 5555 San Felipe, Houston, Texas 77056, hereinafter called "Lessor", and Enterprise Gas Processing, LLC, a Delaware limited liability company, 1100 Louisiana, Houston, Texas 77002-4324, hereinafter called "Lessee". The entities' named above may sometimes individually be referred to as "Party" and collectively as "Parties." WITNESSETH: For and in consideration of Ten Dollars ($10.00) and other valuable consideration, and the mutual covenants herein contained, Lessor does hereby lease unto Lessee the surface of the following described property, situated in Garfield County, Colorado: A seventeen and fifty three one hundredths (17.53) acre parcel of land situated in the SWY.. of Section 33, Township 5 South, Range 96 West of the 6th PM, and which is more particularly described in the attached Exhibit "A1". The above described property is hereinafter referred to as the "Leased Premises." The Parties recognize that Lessor and Berry Petroleum Company (''Berry") each owns an undivided interest in the surface of the Leased Premises, that this Surface Lease Agreement covers and includes Lessor's interest only, and that Berry's interest in the Leased Premises is or will be leased to Lessee under a separate agreement. This Surface Lease Agreement covers surface rights only, and does not include the right to explore for or produce oil, gas or other minerals. This Surface Lease Agreement is given subject to all leases, conditions, limitations, and reservations, if any, of record or arising by operation of law, and the rights of any parties pursuant to same. The rights leased to Lessee herein shall be non-exclusive and Lessor shall have the continuing right to access the Leased Premises and to use the Leased Premises in any way which does not unreasonably interfere with Lessee's use of the Leased Premises. Lessor makes no warrantees or representations concerning the title to the Leased Premises. In addition, Lessor hereby grants to Lessee a non-exclusive access right-of- way to the Leased Premises for ingress and egress to the Leased Premises, as shown on the attached Exhibit "B". This access right-of-way shall terminate with the expiration of this Surface Lease Agreement. This Surface Lease Agreement is made subject to all existing agreements, whether of record or not, affecting the Leased Premises, including, but not limited Page 1 of 12 Lessee will maintain the Leased Premises during the term of this Surfw~e Lease Agreement in good repair, clear of refuse and litter. Upori termination of this Surface Lease Agreement, Lessee will return the Leased Premises to Lessor in its original or better condition, normal wear and tear excepted. The use, maintenance and restoration of the Leased Premises shall include the removal of top-soil from the Leased Premises separately from other material removed by Lessee in connection with its activities on the Leased Premises, and the replacement of such topsoil during restoration work. Lessee further agrees to insure that the Leased Premises shall be left free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on Lessor's lands as the result of activities permitted hereunder shall be disposed of at Lessor's direction. All cuts, fill slopes, pit and topsoil piles and soil piles will be stabilized and revegetated immediately following construction. Land surrounding thr:j Leased Premises will be brought back to a 3-1 slope during interim reclamation. All areas of soil disturbance shall be smooth graded, cultivated to provide a loose seed bed of a minimum of 6 inches in depth, fertilized with 250 pounds of 46-0-0 per acre, seeded with the seed mixture listed below, and mulched with 1% tons of grass hay crimped into the soil. Lessee shall continue to maintain stormwater erosion controls during this phase of reclamation. Lessor retains the option of altering the seed mixture before seeding is conducted, it being the intention of the Parties to revegetate the Leased Premises in order to control erosion, weed growth. MixtureNariety Mountain Brome, Bromar Russian Wild Rye, Boziosky Orchardgrass, Paiute Intermediate Wheatgrass, Oahe Regreen 404 Crested Wheatgrass, Hycrest Pubescent Wheatgrass, Luna Pure% 17.35 17.12 16.84 16.45 14.70 7.25 7.14 Lessee shall continue to reseed and cultivate until successfully reestablishing self-sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. Lessee shall spray all areas affected by construction or restoration to control noxious weeds for a period of no less than three growing seasons. 6. Environmental Protection Lessee agrees to provide Lessor a site specific Spill Prevention Control Page 5 of 12 Lessee's performance hereunder, but only to the extent of liabilities assumed by Lessee under this Surface Lease Agreement, and includes a Severability of Interest Clause (Cross Liability) which Additional Insured Endorsement shall not exclude or restrict coverage based upon the alleged or actual negligence of the Additional Insured. Such insurancG shall at a minimum include: a. Commercial General Liability Insurance Form or the equivalent covering Lessee's contingent liability, Premises Operations, Completed Operations and Products Liability, Contractual Liability, and if requested by Lessor, liability arising from explosion, collapse, or underground property damage; all with a minimum combined single limit of $2,000,000 each occurrence, for Bodily Injury and Property damage including personal injury. b. Comprehensive Automobile Liability Insurance or Business Auto Policy covering all owned, hired or otherwise operated non-owned vehicles with a minimum combined single limit of $2,000,000 each occurrence for Bodily Injury and Property Damage. c. Workers Compensation insurance as required by law, covering all states of operation, and Employers Liability Insurance with a minimum of $1,000,000 each occurrence. Lessor reserves the right to change its minimum insurance requirements. Before commencement of any activities on the Leased Premises pursuant to this Surface Lease Agreement, Lessee shall furnish Lessor with Policies or Certificates of Insurance acceptable to Lessor confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Lessor. Subrogation against Lessor shall be waived as respects all of the insurance policies set forth above. An Alternate Employer Endorsement may be substituted for the Additional Insured Endorsement only with respect to Workers Compensation Insurance and Employer's Liability insurance. The insurance required hereunder in no way limits or restricts Lessee's obligations under numbered paragraph 10 above. Further such insurance shall be in no way limited by any limitation expressed in numbered paragraph 10 above, nor any limitation placed on the indemnity therein given as a matter of law. If Lessee employs other contractors or subcontractors to perform any work hereunder, then Lessee agrees to require such contractors and subcontractors to obtain, carry, maintain, and keep in force during the time in which they are engaged in performing any work hereunder, policies of insurance which comply with the requirements as set forth above and to furnish copies thereof to Lessee. Contractors and subcontractors must also obtain waivers of Subrogation from their insurers protecting Lessor. Failure to maintain said insurance, as required herein, shall constitute a material breach and shall be sufficient grounds Page 9 of 12 EXHIBIT A-1 / 1 LEGAL DESCRlPTJON PROPOSED LEASE PARO:L SITUATE IN THE Nl/2 OF THE SWl/4 OF SECTION 33 T 5 S, R 96 W, 6'" P.M., GARFIELD COCNTY, COLORADO IN BERRY PETROLEliM COMPANY LA:'\DS IVIA Y 3, 2008 160<1-1-b<:tT<y PROPOSI3L) LL\SE A parcel of land for a Lease Parcel siLuate in the north half of the south\vest quarter of Section 33 in Township 5 South and Range 96 West of the Sixth Principal Meridian in Garfield County, Colorado and being described as follows: Considering the north line of the south half of said Section 33 as bearing South 88° 19' 05" East and all the bealings contained herein arc referenced tl·om. The tcm1lnus of the said north line beingmonumcnted with brass caps set by the U.S. General Land Office survey in 1917. Commencing '1t the "vest qumier corner of said Section 33; Thence, South 79c 3T 22'' East a distance of330. 73 feet to the Point Of Beginning; THENCE, South 88" 19' 05" East a distance of 1430.84 feet; THENCE, Sottlh 28° 03' 03" West a distance of21l.09 feet; THENCE, South 43° 25' 31" West a distance of 155.78 feet: THENCE, South 30° 42' 49" West a distance of 245.12 teet: THENCE, South 54" 00' 19" West a distance of382.58 feet; THENCE, South 50" 40' I 1" West a distance of342.74 feet, from which the southwest comer of !he said Section 33 bears South 30° 17' 1 T' West a distance of 1836.07 feet; THENCE, Nonh 26° 47' 58" West a distance of 538.82 feet; THENCE, North 26" 46' 40" West a distance of210.42 feet: THENCE, North 29° 47' 14" West a distance of 374.99 b:t to Point Of Beginning The above described parcel of land containing 763,522 square feet or 17.53 acres of and is subJect to any easements, conditions and/or restric-tions thm may exist on or within its lines. SURVEYOR'S STATEMENT RJ.TEREI\CE DR.>\ WrNG No. 16044-bcny (EXHIBIT 81 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor[Treasm:<;cr PrQI?_erJ:Y_Search I As_sessor S_ubseJ;..QJie!JI I Ass_e_ssor Sa]e_~e;lrch Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs I Mill Levy Revenues Detail I Tax Area II Account Number II Parcel Number II 2008 Mill Levy J I 026 II R260149 II 213532100009 II 38.941 I Owner Name and Mailing Address jBERRY PETROLEUM COMPANY & jMARATHON OIL COMPANY j950 17TH STREET STE 2400 jDENVER, CO 80202 Assessor's Parcel Description (Not to be used as a legal description) jSECT,TWN,RNG:32-5-96 DESC: SEC 29 ls112SW, Sl/2SE, SEC 32 Nl/2NE, jSWNE, NW, DESC: Nl/2SW, SESW, SE, jsEC 33 SW BK:0256 PG:0504 IRECPT:751856 RECPT:751853 IRECPT:747980 RECPT:743398 IRECPT:743336 RECPT:743335 IRECPT:741635 RECPT:740786 IRECPT:738784 RECPT:738783 BK:1863 IPG:0987 RECPT:711208 BK:1863 IPG:0984 RECPT:711207 BK:1863 IPG:0981 RECPT:711206 BK:1853 PG:367 IRECPT:709024 BK:0946 PG:0588 IBK:0946 PG:0590 BK:0662 PG:0311 httn·//www .Qarcoact.com/assessor/parcel.asp?Parce!Number=2135321 00009 I I I I I I I I I I I I I I I I I I 2/10/2009 Parcel Detail Page 2 of3 Location Physical Address: IITWN 5 RGE 96 SEC 29,32,-I Subdivision: I Land Acres: 11880 I Land Sq Ft: lio Section II Township II Range I 32 II 5 II 96 I 2008 Property Tax Valuation Information II Actual Value II Assessed Value I I Land: II 14,63oll 4,2401 I Improvements: II oil ol I Total: II 14,63011 4,2401 Additional Value Detail Most Recent Sale Sale Date: 1112117/2007 Sale Price: 111,215,000 Additional Sales_Detail Basic Building Characteristics Number of Residential jo I Buildings: Number of Comm!lnd jo I Buildings: No Building Records Found Tax Information I Tax Year II Transaction Type II Amount I I 2008 II Tax Amount II $165.121 I 2007 II Tax Payment: Second Half II ($77.04)1 I 2007 II Tax Payment: First Half II ($77.04)1 I 2007 II Tax Amount II $154.081 httn ·/ /www. 2:arcoact.com/assessor/parcel. asp ?ParcelN umber=213 53 2100009 2/10/2009 Parcel Detail I 2006 II Tax Payment: Second Half II ($32.10)1 I 2006 II Tax Payment: First Half I ($32.10)1 I 2006 II Tax Amount $64.20J I 2005 II Tax Payment: Whole ($64.32)1 I 2005 Tax Amount $64.321 I 2004 Tax Payment: Whole II ($72.86)1 I 2004 Tax Amount II $72.86/ I 2003 Tax Payment: Whole II ($78.12)1 I 2003 II Tax Amount II $78.121 I 2002 II Tax Payment: Whole II ($74.80)1 I 2002 II Tax Amount II $74.801 I 2001 II Tax Payment: Whole II ($79.80)1 I 2001 II Tax Amount II $79.801 I 2000 II Tax Payment: Whole II ($96.28)1 I 2000 II Tax Amount II $96.281 I 1999 II Tax Payment: Whole II ($74.04)1 I 1999 II Tax Amount II $74.04J IQRofJ:a~ Assessor Database Search 0Qtions I Treasurer Database Search OQtions Clerk & Recorder_ Database __ Search OJ2tiom;_ Garfield County Home Page Page 3 of3 The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 -2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. httn :/ /www. garcoact.com/ assessor/parcel.asp ?ParcelN umber=213 53 2100009 2/10/2009