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Application-Permit
I Garfield County Building & Planning Department 108 8th Street, Suite #401 Glenwood Springs, Co. 81601 Offlce:970·945·8212 Fax: 970·384·3470 Inspection Line: 970·38H003 Building Permit No. Parcel No: 2135-321-00-009 Locality: Job Address: SW 1/4, sec 33, T5S, R96W ---~.-~~-··---·-··---~-------·-- Use of Building: modular office trailer #3 Contractor: OPD Fees: Plan Check: $ 63.21 Septic: ~"-"~··--~-----"~~----- Bldg Permit: $ 97.25 Other Fees: Total Fees: $ 160.46 -----~-•-Mv-- Clerk: Date: I 1 2 3 4 5 6 7 8 9 10 11 12 GARFIELD COUNTY BUILDING PERMIT APPLICATION 108 81h Street, Suite 401) Glenwood Springs, Co 81601 Phone: 970-945-8212 I Fax: 970-384-3470 I Inspection Line: 970-384-5003 www.garfield-countv.com Parcel No: (this information is available at the assessors office 970-945-9134) 2135-321-00-009 Job Address: (if an address has not been assigned, please provide Cr, Hwy or Street Name & City) or and legal descl'iption SW 1/4, Section 33, Township 5 South, Range 96 West ofthe 6th P.M. Lot No: Block No: Subdj Exemption: Owner: (property owner) Mailijf Address: Ph: Berry Petroleum & Marathon Oil Co. 950 1 h StSte2400DenverC080202 (303) 825-3344 Contractor: Mallin, Address: Ph: OPD POB 8 0 Katy, TX 77 492 :281-371-7500 Architect I Engineer: Mailing Address: Ph: NA S~ Ft. of Building: 36 S~ Ft. or Acres of Lot: 88 acres Heifht: 12'-0 1/2" Use of Building: . . ... Jobsite office trailer #.3-Custom Modular Inc. Serial Number 08151 00 Describe Work: Installation of a jobsite office trailer Please contact Phil Vaughan 970-625-5350 w/questions Class of Work: e:JNew o Alteration o Addition Garage: Septic: o Attached 0 Detached o ISDS Driveway Permit: Owners valuatire~wp_r~ i(\('\ $ Setting Fee $ S ~ · NOTICE AltPh; AltPh: 281-371-5947 AltPh: No. of Floors: 1 oCommunity Authority, This application for a Building Permit mnst 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 tl1is Application. Legal Acctss A Building Permit cannot be issued withotlt proof of legal and adequate access to the property for purposes of inspections by the Building Department. Other Permits. Multiple separate pennits may be required: (I) State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discharge Permit. Void Permit A Building Permit becomes nn!! and void if the work authori7..ed is not commenced within 180 days ofthe date of issuance and if work is suspended or abandoned for a period of ISO days after commencement. CERTIFICATION I hereby certify that I have read this Application and that the information contained above is true and correct. I 1mderstand 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 wi!l be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Department. In consideration of.thc issuance of the Building Permit, I agree that I and my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, ISDS regulations and applicable land use regulations (County Regulation(s)). I aclmow!edge tl1at 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 Cmmty Regulation(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 aclmowledge that the issuance of the Building Permit does not prevent the Building Official from: (l) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation of County Regullltion{s) or any other applicable Jaw. Review of this Application, including submittals, and inspections of the work by the B1lilding Department d(.) not constitute an acceptance of responsibility or liability by the County of errorS, omissions or discrepancies. As the Owner, I aclmowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limitation my architect designer, engineer and! or builder. I HEREBY ACKNOWLEDGE THAT I HAVE READ Al"JD UNDERSTAND THE NOTICE & CERTl:FICATION ABOVE: ~ 0-~< .. ~-~~\~ 2/25/09 -- NERS SIGNATURE DATE STAFF USE ONLY Special Con?''%(}}( if Cf • t:X'J Adjusted Valuation: n46.oo Plan Check Fee: (P?J/2[ Permit Fee: 17.25 Manu home Fee: Mise Fees: ISDS Fee: Fees Paid: Balance Due: ISDS No & Issued Date: {£!~. :Gl ';7/25 Setbacks: OCCGroup: 5 Zoning: f:(L The following items are required by Garfield County for a final Inspection: 1) 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 fi·om 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 fi·om 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. 2/25/09 OWNERS SIGNATURE DATE Bapplicationdecember2007 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 pe1mit 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 infmmation 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, fi·om 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. 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 comer 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 necessmy for this projectX __ _ 5. Are the plans submitted for application review construction drawings and not drawings that are stamped or marked identifying them as "Not for construction, for permit issuance only", "Approval drawings only", "For pe1mit issuance only" or similar language? YesX Not necessary 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? YesX __ Not necessary for this project __ 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 project_X __ 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist spaces and soffits? Yes __ Not necessmy for this project_X __ 10. 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)? YesX __ Not necessary for this project __ II. Do the plans include design loads as required for floor loads under the IBC or IRC? Yes_X __ Not necessary for this project __ 12. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes_X __ Not necessary for this project __ 13. Is the wind speed and exposure design included in the plan? Y esX __ Not necessary for this project __ 14. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Y es_X __ Not necessary for this project __ 15. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Y esX __ Not necessary for this project __ 16. Does the elevation plan indicate the height of the 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) YesX __ Not necessary for this project __ 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 necessmy for this project>< __ 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 project_X __ 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? YesX __ Not necessary for this project __ 20. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? YesX __ Not necessary for this project __ 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 smface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? YesX __ Not necessmy for this project __ 22. Do the plans include a complete design for all mechanical systems planned for installation in this building? YesX __ No Not necessmy for this project __ _ 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the IBC Chapter 3) YesX __ Not necessary for this project. __ _ 24. Does the plan indicate the quantity, form, use and storage of any hazardous materials that may be in use in this building? Yes __ Not necessary for this projectX __ 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 project_X __ 26. Do the plans indicate the location and dimension of restroom facilities and if more than fom employees and both sexes are employed, facilities for both sexes? Yes __ Not necessary 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 project_X __ 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 constmct 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 pe1mit? 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 Permit 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 3:30 p.m. Monday through Friday. Inspections are to be called in to 384-5003. YesX __ 5 3 7. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $50.00 re-inspection fee? YesX 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 government or any combination. You can contact the Road & Bridge Department at 625-8601. 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 perf01m 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 pe1mit 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? YesX __ (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, understand, and answered these questions to the best of my ability. 2/25/09 Signature Date 970-625-5350 Phone: ______ ( days); _________ (evenings) Jackrabbit Compressor Station-Trailer 3 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 permit. *If you have answered "Not necessmy 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 pe1mits 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 11239 No. -------------------Assessor's Parcel No. 2135-321-00-009 Date ____ 3_12_12_0_0_9 __ BUILDING PERMIT CARD Job Address ___ s_e_c_3_3'-, T_5_S...:.,_R_9_6_W...:.,_P_a_ra_c_h_u_te _____________________________ _ Owner _______ B_e_rry.:;_;_p_e_tr~o_lm_a_r~a_th_o_n_o_i_l ___ Address 950 17th St ste2400,Dev Phone # 303-825-3344 Contractor ____ o_P_D _________ ~----Address __ b_o_x_8_1o __ K_a_ty_,_T_x ___ Phone # 281-371-7500 Setbacks: Front _____ Rear ______ RH _____ LH ________ Zoning _______ _ modular office trailer #3 Soils Test--------------- Footing-------------------- Foundation ______________ _ Grout ____________ __ Underground Plumbing ______ _ Rough Plumbing -----------Framing ____________ _ Insulation--------------- Roofing--------------- Drywall -------------- Ga• P;p;ng ~t_\J~ ~..!\' ~-1-IJ ) '9 &1.>~ 61 "11 INSPECTIONS NOTES Weatherproofing ________________ _ Mechanical _____________ _ Electrical Rough (State)----------- Eiectr!cat!in~ (State )-::-;~-:::-~-.-:~~-T.3:77!r;t Final..d.. t .. 0 /Checklist Certificate Occupancy # -.,-!>....&.L:.~;t.i-J...£t::r:.l,b.<~ Date ______ ~~~~r---------- Septic System # ---------------- Date -----------------Final _______________ _ Other _____________________ _ (continue on back) BUlL lNG PERMIT GARFIELD COUNTY, COLORADO INSPECTION WILL NOT BE MADE UNlESS THIS CARD IS POSTED ON THE JOB Date Issued ___ _..3""---'2 __ -_09_.::.._ _____ Permit No._-"'l'-'Z'-'~""-'~~r---------- 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 the 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. use MOct~r vffte£.,_-h'i~~!!Uil..._er._~_,o,__ _________ _ Address or Legal Description sw 81£1 sec ~ :r?S, ~o:=-""k!""'-"W_,_ ________ _ Owner~~MArtt~ Qi) Contractor _QPD _____ _ Building Permit Type -~"'.ri'-'-i("'Autl.,..,{'-·----------------------- 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) 7- (Prior to Final) ydifJ ~D~ Rough Mechanical Septic Final ~ Gas Piping FINAL 1~ ;)...3~tf! /}M_ 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) APPROVED Date THIS PERMIT IS NOT TRANSFERABLE For Inspection Call970-384-5003 Office 970-945-8212 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 DONOTDESTROYTHISCARD JlQ 1 3 -2...0'[ PROTECTP:~~w:iDAMA~yl oL (DO NOT LAMINATE) CONDITIONS TO BUILDING PERMIT FOR TEMPORARY EMPLOYEE HOUSING/OFFICE UNITS 1. All work to comply with the 2003 IBC, IMC, IPC, IFGC, and IFC. 2. Egress paths and egress stairs or ramps must meet Chapter 10 IBC. 3. State of Colorado inspectors to do all electrical and fire sprinkler inspections. Sign off for final inspections for these areas must be completed prior to Garfield County final inspection. 4. Occupancy of these units is allowed once the final inspection by the County has been passed. 5. County approval is for the unit set only to include foundation, tie downs, and utilities. Skid design and the modular construction are approved by others. 6. Provide perimeter support of floor/rim joists as required by Trailer Manufacturer. rr)c·c··· I JL; , ~> ~ .J~C. October 24, 2008 Mr. Freel Jarman Director Gaffielcl County Building and Planning Department 108 8 1h Street, 4111 floor Glenwood SplirJgs, CO 8'160·1 Dear Mr. Jarman, ; By this letter Enterprise Gas Processing, LLC authorizes Phil Vaughan, PVCIVII .. Land Planning Division, to represent Enterprise Gas Processing, LLC in any and all mallen; related to the Developrn<;'lnt Plan 1'\eview for Right-of-Way application for the Marathon Gathering System and the a8sociated Jackrabbit Compressor Station. This includes the preparation and submission of documents ase>ociated with the Janel use application and representation of the application before the applicable appointed and elected boards. Richard Hutchi8on, P.E. Vice President-Project Manaoernent EPCO, Inc. P.O. 13ox 4735 HOllSI!)n, Texas 7i'2'!0-4/36 11~·t381.6500 1!00 I, ,;·< .• <">l<lll<l S!l\181 i·K~\1:::\<'J!'I, Tf:!:·.;;,~; 77007.-!l?./.7 'J?t1:r-sua.nt to -c;~}t_.~-.s· ... _ $<;J;B·-.-;ro: ... :1"?~-? the. ~~_b __ qe_t~~ign_e:q .;:;x.~~c.tl.t_e~ ·~·· ... ·)·1.ir.JI!f!'~~~~ .......• ""~ A#J:t1t:~J:;:ft¥ sn \:>eJ1?~1'i: 9£5:xfir{1fl~ l':f/(s if~n, ,LLC ~ l.&'""-II~V--~-·-~~~·--~ (®rpprat:.J.on, .l.un.c.te~ hab:t.ll..t¥· .:¢0.trip.riri;bt:~.:. jj.~he;r'aJr· . .pr:u;b)i~Ltsh±:p, :ce.q::is:terefi .l;lA.n.tttbrJ li:a.bi·l',Lty petrtrne l: ship> •re·gil?1:er.ed :U.J(Iit.ed. li abi Li> t y Hmi c.e,l pai; tMiioshlp, _l i:x.rd;J~'etl. p~ .. l,~.t:.ne-·r..sJ1.:$_:i~)" 4:5:ti:P::?¢;\.;.~~t ~;_¢.:~\-, :g:o;v:~J:::fn~~e n t a-gene Yl t ;cu s t .or ci,t)l&J:;:), ;;;.il "''ltit~t· t'§tl'i;io!i·· tl:i8Jn .<~!l i'!ll'ii'xid)ial, c~'P'\ble oe holct:lM1 -r_;i;tie tb; r·eal·!;l:qpie!.lttj( (the, '~En\:'J;ty.'i), an(l states irS foUmn>: DONNA \ KNAPP Notary Public, State ofiexas My Commission -Expi!·es Apiii22, 2012 SURFAC!i: LeA!U~ AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGHEEMENT, made ellective on this /S'f!ctay of July 2008, by and between Berry Petroleum Company, a Delaware corporation, 1 9~l9 SroMway, Suite 3700. Denver. Colorado 80202, hereinafler called "Lessor", an<J Etl1erprise .Gas PrQcessing, lLC, a Delaware limited liability company, 1 100 L¢ui.sia.na, Houston, Texas 77002-4324, heieinalter called "!.ess0e". The entities· name~) above may sometimes· incllvldually be referred to as "Party" and coJrecllvely as "Parties." For and in consideration of Ten Dollars ($10.00) and oH1er varuuble consideration, and tile mutual covenants herein contained, t.essor does herl,by rea:;e (!11loLessee the surface of the following described proporty, situat0d in Garfiekl County, Colorado: A sevenl(;len and filly-three one hundredths (17.53) acre parcel of land siilraled in the SWY. of Section 33, Township 5 South, Hango 96 West of the 6th PM, and which iH more particularly described 1n the attached Exhibit "A 1 ". Tho above .described property is hereimllter relenetl to as the "Leased Pretnises," The Parties recognize that lessor and Marathon Oil Company (Marathon") each owns an undivided in!eresi in the surfac\1 of tile Leased Premises, !hat this Surface Lease Agreement covers and includes Lessor's interest only, and that Marathon's interest in the Leased Premises is or will be l<liased .lo Les.see vnd.er a S('lparate agreemerit. This Surface Lease Agreernent covers surface rights only, and does no! include the right to explore for, or P!Cid~lce oil, gas or other minerals. This Surface Lease Agreement is given sUbject 10 all leases. conditions, limitations. tll\d reservations. if any. of record or arisil1g by operation of law. and the rights of any parties pursuant to same. The rights leased to Lessee hereln shall be non-nxcfusive and lessor shall have the continuing right to access the leased Premises and to use tile Leased Premises in any W<lY which does not unreasonably Interfere with Lessee's use of the Leased Premises. Lessor makes no warrantees or repr(;lsen!ations concerning tho tille to the Leased Premises. Jn additlon. lessor hereby grants to lessee a non·exciusive acct<ss right· of-way to the Leased Premises, for ingress m1d egress to lh(·l Leased Premises. from Garden Gulch Extension Road as depleted on the a!!<lched Exhibit "!3" This access right-of-way shall terminate with the expiwtion of this Surface Lease Agreement. Puge 1 of Jl e. No use or possession of nrenrms, explosives, weapons, alcoholic beverages, . illicit or Wlpiescrfbed controlled dwgs or drtrg paraphernalia, dogs or pets are allowed on !he Leased Premises. Thew sht~IJ be no hunting or fishing allowed on the Leased Pn~mh;es anrJ recreational use of mo!Or bikes and all lt~rrain vehicles is prohibiled. lessee agrees to notify all orils cof'l!raclors, <~gents and employees of these restriclions, Any Individual or company !hal violates this provision wi.ll be asked to leave the le!lsed Premises and shail not he permitted to return. I, Access to the Leased Premises shart be limited to Lessee's management and employees or contractors required to conduct operations for the Purposes only. Except in the case of emergencies or required by law, lessee shall notify Lessor lwenty.four (24) hours prior to entry by non-required personnel, including, but not lirniled to. regulatory agencies, provided Lessee is aware of the need for entry. Lessee shall not access any other properly owm~d by Lessor without first obtaining Lessor's permission. g. Lessee shall control noxious weeds of <Jny kind that develop on the leased Premises. Any non-biodegradable chemical spr<lying oi soil for w<;~ed colllrof shall not be done Will1out advance approval by Lessor. h. Lessee shall provide Lessor wi!i1 a copy of its emeroency response plan along with a list of 24·11our emergency conlacls responsibl4> for Lessee's operations on the Leased Premises prior to comnwncement of any such operations. i. Lessee shall be solely resprmslble for construclion, rnaintHnanc<<, removal and reclamation activities upon !he Leased PremiseG. Atl of Lessee's operations in and about the leased Premises ~!lull oa performed and conducted in a careful, sale and workmanlike manne1 j. Lessee shall provide Lessor (prompUy upon lessee's receip! !hereof or concurrently with l.essee's !iling thereof, as applicable) copies of all environmental permits and notict~S received or obt<Jined by Lessee from any regulatory authority, and ali documents filed l>y Lessee with any regulatory authority, concerning activities on the Leased Premises including, but not limited to, stormwaler construction permils and air quality permits. k. Lessee shall conduct a sage grouse habitat evaluation prior to commencement of any construction on the Leased Prem'rses and shaH furnish to Lessor the resulls of such evalualion promptly upon completion thereof. agrees to enter into an agreement with Lessor (lhe ·'Gas Gatherinq Agreement">. pursuant to which lessee Sh<~tl provide Lessor gas gathering and processnlg services for lessor's gas on a capacity available basis as requested by Lessor atlerms comparable to those Lessee chatges other producers in !he area for similar services and wHI mdeliv~lr Lessor's gas a! the tailgate of Lessee's Me0ker gas plant a! the inlo! to the Rockios Express pip(~line. The Gas Gath~:ring Agreement will be prepared nnd executed prior to start up of lessee's comptessor facilities located on Lessor's surface. lhe term of the Gas Gathering Agreemt~nt will be co!erminus with the term of this Surface Lease Agreement. lessee will provide a lap and valve on Lessee's pipeline <11 a location mutually acceptable to both Parties to aflow deliveries of Lessor's gas into the suction side of Lessee's compressor station covered by this Smiaco leasn Agreement. Lessor will provide Md Jn~>laJI, at Lessor's own cos!, ink!t ineasurement and colllrot facilities of typical industry design th<lt me reasonably acceptable lo Lessee to be located upstream of the tap and valve installed by Lessee. tessor will install <md own. and Lossoe will operate, these inlet me<~suremenl and con!tol facililies dming !M term of the Gas Gal/ltMing Agreement. 5. Maintooanco and Restoration ofthe Loasod Premisos, lessee will maintain the Leased Premises during !he term ollhis Surface Lease Agreement in good repair. clear of refuse and litter. Upon termination of this Surface lease Agreem1;;nl, Lessee will return tile Leased Premises to lessor in its original or betler condl!lon, normnl wear and lear excepted. The use, m~lintenance and restoration of !lle Leased Premises shall include lhe removal of top"soil fwm the !.eased Premises separately from olher materiel removed by Lessee in connection wdl1 its activities on the tee~sad Premises, ami the replacement of such lopsoil during re~toration work. Lessee further agr<Hls to insure that the Leased Premises shall be left free of any large stones. holes, or piles o! dirt whic!1 would inleriere with farming, ranching and/or oth~r operations lheceon. All stones, brush and debris uncovered on, removed from or deposited 011 Lessor's lands as the result of activities permit!ed hereunder shall be disposed of at Lessor's direction .. AU cuts, fill slopes, pil and !<)f)Soil piles and soil piles will be stabilized and revegetatod immediately following construction. Land surrounding !he Leased Premises will be brotJglll bacl\ to a 3·1 slope during interim reclamation. All areas of soH disturbance shall be smooth graded, cultivated to provide a loose S<)ed bed ot '' minimum of 6 inches in depth. fertilized with 250 pounds of 46-0·0 per acre, seeded with the seHd rniJ(ture listed below, and mulched with 1 Y> tons of grass flay crimped inlo 111e soiL Lessee shall continue to maintain s!ormwater erosion controls during !his phase of reclamntion. Lessor retains the option of altering tile seed miXIl!re before seeding is Lessee shaH obtain all alr permits mquired in connection with lGssee's ac!iviU.es or opera!lons on the Leased Premises. a. If, at <!MY lime af!er the elleclive dale hereof, l(>ssee !ails to use the lease(;! Premises for the Purposes provided hereundHr fo1 rnore !han three htmelred sixty"five (365) conseculive days, Lessor may by written notice to Lessee tenninate !his Surface U1ase Agreement, subjoct to the provisions hereirr concerning site r<:,clamation and !acillly removal and subject to liabilities ~lccrued prior to termination. Ai such limo as lessee has reached the !hree hundred sixty-five (3G5) day threst1old. leSSt).e must di!Jiiver notice of the nonuse to Lessor wilhin one (1 l month of said threshold date. if Less£le f<:~ils to de~iver said notice of llOI'lu.se to Lessor within the speCified one (1) mon111 lime period, aM no!wiihslamling any other provision of this Surface tease Agre(lmenL !hen !he Surface lease Agreement will ouloh1a!ically terminate b, Upon termina!lon of !he rights herein given, Lessee shall execute and ·. deliver to Lessor, within thirty (30) days afler written demand therefor. a JJOOd and Stllriclent release of all interest of Lessee in the Leased Premises so t(')rminated. Shotlld Ll:lSS(•e fail or refuse to deliver to Lessor such release. a written notice O)' lessor mciting the failure or refu~al of lesf,ee to execute aM delivet' said release, as herein prpvii:led, shall after ten (10) days lrom the d<lle of recordation of said r)qtice, be conclusive evidence aoainsl lessee and aU persons claiming under lessee of !foe termination o! this Smface lease Agreement or a portion1hereof and all interest of Lessee hereunder as to that portion, subject to Lessee's obligation to remove its property within ninety (90) days of such termination, Termination shaft not operate to extinguish any obligations of Lessee which have accrued <l t the time of termination, or which <~ecrue lleretmdClr upon termination. 8. f3mach. · lfLessee defauUs in the performance of any of its obligations under this Svnace Lease Agreemenl, Lessor shall nolif)' Lessee in 1vriling of such breach, This Surface lease Agreemenl may be terminated at Lessor's discretion if stich default conlinues for a period of thirty (30) days aft0r Ldssor notifies. Lessee in writing of such defaJ.Jil and Lessor's intention to tern\inate this ~urface lease Agn:~ement and Lessee has not ctned the gefauJtwilhin such l!llrty (:30) d<lY period or has no! undertal<erl actions n;\;iticmably calculated lo cure the default within suc11 period and thereafter ·pursUed .such ac!lpns with reasonabk: diligence. Ther~;:af!er, Lessor will have the right, without further notice or demand. to enter !he l.easnd f'aga 7 of 13 BUT NOT Lli\IIIT!:D TO, PROPI:RTY OF fNDEI\IINITef:S, LESSEE:, LESS~E'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD SW~JY} OR FOR VIOLATION OF ANY FEQERAL, STATE OR LOCAL 1..1:>\1\f$, RULES, RSGI.J>LAT!ONS, AND ORDeRS, fNCLUDING, BUT NOT. IJMITEO TO, THE COI\IIPRt;HENSIVE ENVIRONMENTAl, RE$PON$E, .COMPENSATION, AND LIABiliTY ACT OF 1980 AS . AIVJeNDED (CERC!.A) AND THE ~E~OURCE CONSERVATION AND RI';COVERY ACi OF '1976, AS AMENDeD (RC.RA}. THIS lNOEMNITY SH,I\LL NOT APPLY TO iliffi E:Xif:!Ni THAT IT IS VOID OR oTH!l:RWISE UNENFOFWEABlE UNDER APPLICABLE LAW. 11, LO§§ac lnsuranca Raguiromont. Less.ee agrees to obiain and mainlain insurance acceptiill>le to Lessor which is primary to any olher insur<mce or self-insurance and which names Lessor as additional insured wilh respect to lia!>ility arising out of Lessee's performance hereunder, but onfy to !he extent of liabililie!> assumed by lessee Ut'lder this Surface Lease Agreement. Such insurance shalf at a minimum include: a. Commercial General Liability Insurance Forrn or the equivalent covering Le!)see's cot1tingen! liability, Premises Operations, Completed Operations ~nd Products Liability, Conlractual Liability, and if requmsted b>' lessor. Uab\lity arising from explosion, collapse, or underground property damage, <JU wil.h a minimum combined single limit of $2,000,000 each occurrerlce . . for Sodily Injury and Property damage including personal injury. b .. Qomprehensive Automobile Uabitlty Insurance or Business t~uto Policy covering all owned, hired or othe!Wise operated non-owned vehicles with a minimum combined single limit or $2,000,000 each occuuence for Bodily Injury and Properly Damage. c. Workers Compensation insurance as required by law, covering ail stales of operation, and Employers Liability Insurance with a minimum of $1,000,000 each occurrence. Lessor reserves !he right to change ils minimum insurance requirements. Elef()re commencement of any activities on !he Leased Prc~smist% pursuant to this Surface lease Agreement, L(7SSee shall furnish Le1ssor wJIIl .Certificates of Insurance acceptable to lessor confirming compliance herewith and providitlg that no coverage will be canc(~/ed or m<:Mriall)' changed prior to 30 days advance written notice to lessor. Subrogation agt;~insl Lessor shall be waived as respects aH of the lrlsuranc:e policies set forth above. An Alternate Employer !:mlorsement may be substituted for the Additional Insured EndorS(lf11en! only wHh respect to Workers Compensation insurance and Employer's Liability Insurance. The Pilge 9 of 13 1•1. !,Jens. Lessee will pay all claims lor labor and materials thai may be ft~mished on its behalf, andwill defend, indemnily and hold Lessor hmmless against ail · Hens, encumbrances and claims that may be filed against the leased Premises and all liabililies, penallles, fines, paymenls. jr.Jdgrmmts. damages. losses, costs and expenses (including. withoul. limitation, anomeys' fees and court oo&ls) incurred and/or paid in conm)Ction with same. 15. . TliX£S. WilbinJhirty (30) days afte; dermmd !rom Lessor tognltler wrth suppor!ing documentation, Lessee will pay all faxes thai may bo assessed directly or indirectly against !he Leased Premises because of irnprovernenls constructed or placed on t11e leHsed Premises by lessee and will reimburse lessor for any inor<:ilase in taxes paid by Lessor tesulling from !hevalue of such facilities. whether or no! sepma!ely assessed. l.essor will olbeiWise pay all taxes assessed Hg!lillst !he Le<~sed Premises based upon !he valuation of the leased Premises as of the date or assessment. The provisions of this paragraph wm ~urvive terminalion of 111is Surfac<:) Lease Agreement. 16. NQticos. Any notk:es required or permitted under this Surface Lease Agreem<::nt shailbe givenln writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. Service shall be effective when received. All notices hereunder shall be directed to Hle! addresses set forth below or such substi(tlle address or addresses as provided to the parties at le<Is! thirty (30) days in advance of My notice. Presenl addresses to which notices shall be sent in accordance with tilt~ provisions of this paragraph are: Lessor: lesse<t: Berry Petroleum Company Attn: Corporate land Manager 19999 Broadway, Suite 3700 Denver. CO 80202 Facsimile: 303-999·4401 Enterprise Gas Processing, LLC Attn: Land Manager 2727 North Loop West Houston, TX 77008 Fa<:sirniln: 713·803·1349 Pag;: '1 of l 3 23. obligations contained in this patagmph 22 shall survive termination of this Surface Use Agreement for a period of six (6) rnonthu. The Pa.rties agree lhallhis .Surface Lease Agreement will not be recorded in the Garfield County records: however, at the request of eilher Party. the Parties w.ili execute for recording purposes a rnemon:mdum of surface lease agreement in recordable form evidencing the existence of this Surface Use Agreement 24. Entire ,J.\greo;;nrmt. This Surface Lease Agreement represents the lull understanding between the Parties concerning the matters set forth in tllir, Surface lfl<lSe Agr(lement. iN TESTIMONY WHeREOF. !he Parties hereto h<M1 executed this Surface lease Agreement as of !he day and year first written. Page13of 13 N sc,tu: I" .~ rooo' 51XJ' 0 1000' t . tt ·'""] 1 J STATEOFCOUJIMOO COUNTY OP GA!IFIFJW u:m·;'/IJP .,.&.. I'Ol!NO MON11MitllfT 0 St;CTION COI?Nt'.F1 """" FOliNO MON/IMF.Nr Cli!Aflrtil? CORNEll 0 i'.iiJICfii. IXJ11NE!? NAO 21. CQ/.Of/;1{}() C/iNIIIIU. ;~fAVE . .IIII.SJ'S OF IJID&RfNlN'I m.o nc "'~j--...__.,.._"'" I S'Lt 'I'EIIff!>Wl' I)Jt S!/J('f!l{'fOtl: ~J~m~A·t.i) c; .HF.INNKE , AN ,.~f){;HT ;:;:;t') CM'F-"LOYW~ ON ll(fHAi.P fOft f)_ H, GHlf·F!N & ASf~(}GI$\Tf;$, iNC J.,.lf.Jt'IEH GON THACT TO FIITEHf'Rt~l!. PROIJUQTS TO SUllVcY HiE lllASti PAHGF.I. ~HOWN I<ERliON MADE (ltlf)EI~ MY Al,llHOlllmY, C0/.11.\f:NCit;G <)>IH·Ili 1{:j~~()AY'Q{iN;.ftlt.r ZQOO, Sllfft! 'JHlS MAF lS ACOfUWCT HEPH!W!!N'r'ATfON ()P. T!il£ SAID ~~ifWCY. THE ABOVC fiHIJWt~ t.I?ASC PAilcrule:rr~G su'El)~cr ro ANV e:;.stMENrs. coNPrrroNs on ru;smH:l'rurm <HAT MAY ExmroN ,,Nil 1wnnr; 'n'' tNt'~; !P.ASI:'/WWI.fl • .iiJIIillr 163,[<21 SQ(JAR£1'/!r.r on 17.5.1 Acm;:s. RIFFIN & ASS()(JJA Tl$S, !NO. 14t·lf;U( $T., fl(}(;/( $PfiiNGII, W'i'/11!901 PROPOSED LEASE PARCEL IN THENt OF'rHE$WJ OF SSOTION 88, T5S, R96W, GARFIELD COUNTY, OO!.ORAOO PREPARED FOR: ENTERPRISE PRODUCTS ' ....... . ........... ,._.,""""""'-~ '""""r""'""'-'"""'M'"""~'""""'~~. " (; () (, MOCJ3erry Portion or road Included in Agreement ·,· '<:' 3 ~~~ b;_:.rtH.~ 1 r.1 ~1tJ'&ll ArXl7·~~ n~rl CMOI~ e.tl!)i ~~v!n.rn "' ·') . :,.i V.Mn;to1:~·; \..ll>~t~•>>1 I ! ! . ·+· ') I ' I 1 1~ ' r Y. ( 5S 96iN Portion of mad incrucled In ; Ag<c.moo'll . I .... ,,·, .. ··, ... ·: ... ·L .. 6S .97wl· !' I : \ f ' <> 28 ,, w~·-";J -.. 1 . I' ;I{!'\''''' . \ ; 34 6 (.ifA\ MilnHiwn 01l CmnptlllY . .tJ. :·P.() -~:...-------~-- Piceance Basin A~;.t:~,~t;.~; HoiHj ~w..;:or MOC Bert)' ~;wlflr;B ~·-' ,, ·~·· . '''"·"' .... ~ .. , •. ~ -·----... -~·-·-'"""·-····· !''•)1<\t.;';, .. ((JI_r~~ ~.,t~~ll_!!~~.!fUl~ ".'!I {';_'0<)19 r~.:~. ·" .. SURFACE LEASE AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGREEMENT, made effective on this ~ay 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, 11 oo 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 SW% 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 and recreational use of motor bikes and all terrain vehicles is prohibited. Lessee agrees to notify all of its contractors, agents and employees of these restrictions. Any individual or company that violates this provision will be asked to leave the Leased Premises and shall not be permitted to return. L Access to the Leased Premises shall be limited to Lessee's management and employees or contractors required to conduct operations for the Purposes only. Except in the case of emergencies or required by law, Lessee shall notify Lessor twenty-four (24) hours prior to entry by non-required personnel, including but not limited to regulatory agencies, provided Lessee is aware of the need for entry. Lessee shall not access any other property owned by Lessor without first obtaining Lessor's permission. g. Lessee shall control noxious weeds of any kind that develop on the Leased Premises. Any non-biodegradable chemical spraying of soil for weed control shall not be done without advance approval by Lessor. h. Lessee shall provide Lessor with a copy of its emergency response plan along with a list of 24-hour emergency contacts responsible for Lessee's operations on the Leased Premises prior to commencement of any such operations. i. Lessee shall be solely responsible for construction, maintenance, removal and reclamation activities upon the Leased Premises and all of Lessee's operations in and about the Leased Premises shall be performed and conducted in a careful, safe and workmanlike manner. j. Lessee shall provide Lessor (promptly upon Lessee's receipt thereof or concurrently with Lessee's filing thereof, as applicable) copies of all environmental permits and notices received or obtained by Lessee from any regulatory authority, and all documents filed by Lessee with any regulatory authority, concerning activities on the Leased Premises including, but not limited to, stormwater construction permits and air quality permits. k. Lessee shall conduct a sage grouse habitat evaluation prior to commencement of any construction on the Leased Premises and shall furnish to Lessor the results of such evaluation promptly upon completion thereof. 1. No construction or other work shall commence on the Leased Premises until such time Lessee demonstrates to the satisfaction of Lessor that it has obtained all permits required to carry out the Purposes of this Surface Lease Agreement and has provided Lessor copies of the same Page 3 of 12 Lessee will maintain the Leased Premises during the term of this Surface Lease Agreement in good repair, clear of refuse and litter. Upon 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, of 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 the 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 Less?e shall continue to reseed and cultivate until successfully re?stablishing 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 b. Upon termination of the rights herein given, Lessee shall execute and deliver to Lessor, within thirty (30) days after written demand therefor, a good and sufficient release of all interest of Lessee in the Leased Premises so terminated. Should Lessee fail or refuse to deliver to Lessor such release, a written notice by Lessor reciting the failure or refusal of Lessee to execute and deliver said release, as herein provided, shall after ten (10) days from the date of recordation of said notice, be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this Surface Lease Agreement or a portion thereof and all interest of Lessee hereunder as to that portion, subject to Lessee's obligation to remove its property within ninety (90) days of such termination. Termination shall not operate to extinguish any obligations of Lessee which have accrued at the time of termination, or which accrue hereunder upon termination. 8. · Breach. lfLessee defaults in the performance of any of its obligations under thi{Surrace Lease Agreement, Lessor shall notify Lessee in writing of such breach. This Surface Lease Agreement may be terminated at Les'sor's discrefioh if such default continues for a period of thirty (30} days'i3fter Lessor notifies Lessee in writing of such default and Lessor's intehtion to terminate this Surface Lease Agremeent, and Lessee has not cUred the default within such thirty (30) day period or has not t.mdertaken actions reasonably calculated to cure the default within such peri.od. and thereafter. pUrsued such actions with reasonable diligence. Thereafter, Lessor Will have the right, without further notice or demand, to enter the Leased Premises, remove all of Lessee's personai pr?perty that may be located thereon, and restore the Leased Premises to their original c,ondition, without waiving any other remedies to which Lessor may be entitled. If, within ninety (90) days after the date of Surface Lease Agreement termination, Lessee does not fully reimburse the costs Lessor incurs in removing and storing Lessee's personal property and restoring the Leased Premises to its original condition, then in addition to Lessdr's other rights under this Surface Lease Agreement, Lessor may dispose of the stored property, retain any proceeds from the sale of such property, and maintain an action against Lessee for any deficiency. 9. Removal of Equipment. It is agreed that all buildings, machinery and other material, equipment and property placed on the Leased Premises by Lessee shall not become part of the real property but shall remain the personal property of Lessee, and that Lessee shall have the privilege of removing, so long as it Page 7 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 insurance shall at a minimum include: a. Commercial General Liability Insurance Form or the equivalent covering LE;ssee'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 righ{ 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 maintaih said insurance, as required herein, shall constitute a material breach and shall be sufficient grounds Page 9 of 12 assessed directly or indirectly against the Leased Premises because of improvements constructed or placed on the Leased Premises by Lessee and' will reimburse Lessor for any increase in taxes paid by Lessor resulting from the value of such facilities, whether or not separately assessed. Lessor will otherwise pay all taxes assessed against the Leased Premises based upon the valuation of the Leased Premises as of the date of assessment. The provisions of this paragraph will survive termination of this Surface Lease Agreement. 16. Notices. Any notices required or permitted under this Surface Lease Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. Service shall be effective when received. All notices hereunder shall be directed to the addresses set forth below or such substitute address or addresses as provided to the parties at least thirty (30) days in advance of any notice. Present addresses to which notices shall be sent in accordance with the provisions of this paragraph are: Lessor: Lessee: Marathon Oil Company Attn: New Ventures Land Manager 5555 San Felipe Houston, TX 77056 Facsimi,le: 713-296-4495 Enterprise Gas Processing, LLC Attn: Land Manager 2727 North Loop West Houston, TX 77008-1044 Facsimile: 713-803-1349 17. Successors and Assigns. The, terms, conditions and provisions of this Surface Lease Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 18. No Waiver. Lessor's failure to enforce a remedy for any particular violation of the terms of this Surface Lease Agreement will not constitute a waiver of such terms nor will same prevent the exercise by Lessor of any remedy or remedies for any other violation or for the same violation occurring at any other time or times. Page 11 of 12 EXHIBIT A-1 / 1 LECAL HESCR!PT!ON PROPOSED LEASE f>ARCJ<~L 1 60,14-bcmy PROPOS~;o LL:,\SE S!TliATE !N THE Nl/2 OF THE SWl/4 OF SECTiON 33 T 5 S, R 96 W, 6'" P.M., GARFIBT,D COCNTY, COLOR.4.DO lN BERRY PRTROLEliM COMPANY LA:'\DS MAY 3, 2008 A parcel of land t(w a Lease Parccl situate in the north halfoi the southwest 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)lorth line of the south half of said Section 33 as bearing South 88° 19' 05" East and all the beatings contained herein arc rcte.rcnced ti·01n. The tenninus of the said north line being monumcnted with hrass caps set by the U. S. General Land Oftlce survey in 19!7. Comme~cing at the west quarier comer of said Section 33; Thence, South 79" 37' 22" East a distance iif330. 73 feet to the Point Of Beginning; THENCE, South 88" !9' 05" East a distance of 1430.84 feet; THENCE, So;tth 28° 03' 03" West a distance of2ll.09 feet; THENCE, South 43° 25' 31" West a distance of\55.78 feet; THENCE, South 30° 42' 49" West a distance of245.12 teet; THENCE, South 54° 00' !9" West a distance of382.58 feet; THENCE, Soli'ih 50° 40' 11" West a distance of 342.74 teet, fi·om which the southwest comer of the said Section 33 bears South 30° 17' 17" West a distance of i 836.07 feet; THENCE, North 26° 47' 58" West a distance of 538.82 feet; THENCE, North 26° 46' 40" West a distance of210.42 feel; THENCE, North 29° 47' !4" West a distance of374.99 feet to Point Of Beginning The-above described parcel of (and containing 763,522 square feet or 17.53 acres of and is subject to any easements~ conditions and/or restrictions that may exist on or within its lines. SURVEYOR'S STATEMENT L Ronald. C. Rcnnke. an agent and employee on behalf for D. R. Griffin & Associate:-;, lnc. under contnlCr to Enterprise Products to survey the-above described Least Pare-el> state the-description hereon is a correct representation of a survey made under my authority co~~8Sl'AU~tt~gril 10, '"w ~~~~::;~~~~ ~-~;-.. \ ~/ $'-/2&~~ ... (-&· 8/ ~:~,~£~~;0;;tt,;p;~~~-~ -- PLS C:Ol'%li&'ffi&'NO. 37065 REFERENCE DRAWING No. 16044-bcny (EXHIB!T Bi EXHIBIT A-2 Garfield County Assessor/Treasurer Parcel Detail Information AssessorffreasurerJ>rQperty Search I Assessor Subset Query I A~essor Sales Search 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 Jl Parcel Number II 2008 Mill Levy I I 026 II R260149 II 213532100009 II 38.941 I Owner Name and Mailing Address IBERRY PETROLEUM COMPANY & JMARA THON OIL COMPANY 1950 17TH STREET STE 2400 IDENVER, CO 80202 Assessor's Parcel Description (Not to be used as a legal description) ISECT,TWN,RNG:32-5-96 DESC: SEC 29 JS112SW, Sl/2SE, SEC 32 Nl/2NE, ISWNE, NW, DESC: Nl/2SW, SESW, SE, ISEC 33 SW BK:0256 PG:0504 JRECPT:7 51856 RECPT:7 51853 IRECPT:747980 RECPT:743398 JRECPT:743336 RECPT:743335 IRECPT:741635 RECPT:740786 IRECPT:738784 RECPT:738783 BK:1863 IPG:0987 RECPT:711208 BK:l863 IPG:0984 RECPT:711207 BK:1863 IPG:0981 RECPT:711206 BK:1853 PG:367 JRECPT:709024 BK:0946 PG:0588 IBK:0946 PG:0590 BK:0662 PG:0311 http://www .garcoact.com/ assessor/parcel.asp ?ParcelN umber=213 53 21 00009 I I I I I I I I I I I I I I I I I I 2/10/2009 Location I Physical Address: IITWN 5 RGE 96 SEC 29,32,-I I Subdivision: I I Land Acres: llsso I I Land Sq Ft: 110 I Section II Township II Range I I 32 II 5 II 96 I 2008 Property Tax Valuation Information II Actual Value II Assessed Value I I Land: II 14,63011 4,2401 I Improvements: II oil ol I Total: II 14,63011 4,2401 Additional Value Detail Most Recent Sale Sale Date: 1112/17/2007 Sale Price: 111,215,000 Additional Sales Detail Basic Building Characteristics Number of Residential jo I Buildings: Number of Commllnd 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 http :1/www .garcoact.cornl assessor/parcel.asp ?Parce1Number=213 53 2100009 2/10/2009 I 2006 II Tax Payment: Second Half II ($32.10)1 I 2006 II Tax Payment: First Half II ($32.10)1 I 2006 II Tax Amount II $64.201 I 2005 II Tax Payment: Whole II ($64.32)1 I 2005 II Tax Amount II $64.321 I 2004 II Tax Payment: Whole II ($72.86)1 2004 II Tax Amount II $72.861 2003 II Tax Payment: Whole II ($78.12)1 2003 II Tax Amount II $78.121 2002 II Tax Payment: Whole II ($74.80)1 2002 II Tax Amount II $74.801 I 2001 II Tax Payment: Whole II ($79.80)1 2001 II Tax Amount II $79.801 2000 II Tax Payment: Whole II ($96.28)1 2000 II Tax Amount II $96.281 1999 II Tax Payment: Whole II ($74.04)1 1999 II Tax Amount II $74.041 IQp_qtJ:ag~ Assessor Database Search Options I Treasurer Database Search Ogtions Clerk & Recorder D_atabase Search Options 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. http://www. garcoact.com/ assessor/parcel. asp ?Parce!Number=213 53 2100009 2110/2009 . Parcel Detail Garfield County Assessor IT rea surer Parcel Detail Information Page I of 4 AssessQrLliJlasurer Proge..rty~S_~gr_ph I Asses:mr:.Su.bset UL!eJ:~ I A~.:?f1JiSor Sales Search ClerkS Rer::(]r_df1r_ll~J:JHJtion Sear~h Basic BuildingChf!fl!~teristics I Ii:!~J.!lformation Par~~LD_e1f!U I Yalue Uet<J.il I Sales Detail I BesLdentiai/C!lmmer~iallmprovement Oetflil lmuLDll1<tU I PhotQgr:ggh~ I MiU Levy Reven!!8~_Qeta.il I Tax Area II Account Number II Parcel Number ll21lll8 Mill levy I I 028 II R2SOI48 II 213532100008 II 38.841 I Owner Name and Mailing Address IBERRY PETROLEUM COMPANY s !MARATHON OIL COMPANY 1850 17TH STREET STE 2400 !DENVER. CD 80202 Assessor's Parcel Description (Not to be used as a legal description) ISECT.TWN.RNG:32-5-8S OESC: SEC 28 IS112SW. SI/2SE. SEC 32 NI/2NE. ISWNE. NW. OESC: NI/2SW. SESW. SE. ISEC 33 sw BK:D25S PG:0504 IRECPT:7S2S88 RECPT:75185S IIRECPT:751853 RECPT:74788D RECPT:743388 RECPT:74333S http:! I www.garcoact.coml assessor I parcel.asp? Parce1Number=21353210 0009 I I I I I I I I I I 3/212009 Parcel Detail Page 2 of 4 IRECPT:743335 RECPT:741S35 I IRECPT:74078S RECPT:738784 I IRECPT:738783 BK:I8S3 PG:OS87 I IRECPT:711208 BK:I8S3 PG:OS84 I IRECPT:711207 BK:I8S3 PG:OS81 I IRECPT:71120S BK:I853 PG:3S7 I IRECPT:70S024 BK:OS4S PG:0588 I IBK:OS4S PG:05SO BK:OSS2 PG:0311 I location I Physical Address: IJTWN 5 RGE SS SEC 28.32.-I I Subdivision: I I land Acres: JJ880 I I land Sq Ft: I 0 I Section II Township II Range I I 32 II 5 II ss I 2008 Property Tax Valuation Information II Actual Value II Assessed Value I I land: II 14.s3oll 4.2401 I Improvements: II oil ol I Total: II 14.s3oll 4.2401 Most Recent Sale Sale Date: JJ12!17!2007 Sale Price: IJ1.215.000 http:! I www.garcoact.coml assessor I parcel.asp?Parcel Number= 21353210000 9 3/212009 Parcel Detail I I I I I I I I I I Additl~:tn<ll.silles __ Oet~l Basic Building Characteristics Number of Residential lo Buildings: Number of Comm/lnd lo Buildings: No Building Records Found Tax Information Tax Year II Transaction Type 2008 II Tax Amount 2007 II Tax Payment: SeGond Half 2007 II Tax Payment: First Half 2007 II Tax Amount 200S II Tax Payment: SeGond Half 200S II Tax Payment: First Half 200S II Tax Amount 2005 II Tax Payment: Whole 2005 II Tax Amount 2004 Tax Payment: Whole 2004 Tax Amount 2003 Tax Payment: Whole 2003 I Tax Amount 2002 Tax Payment: Whole 2002 Tax Amount 2001 II Tax Payment: Whole 2001 I Tax Amount 2000 I Tax Payment: Whole II http:/ I www.garcoact.coml assessor I parcel.asp?ParceiNumber= 2135321000 09 Page 3 of 4 I I Amount I $1B5.12I I ($77.04)1 II ($77.04)1 II $154.081 II ($32.10)1 II ($32.10)1 $B4.20I ($S4.32)1 $B4.32I I ($72.8B)I II $72.8BI II ($78.12)1 II $78.121 II ($74.80)1 II $74.801 II ($79.80)1 I $79.801 I ($9B.28)I II 31212009 Parcel Detail 2000 II Tax Amount II $98.281 1999 1/i=====T a=x P=ay=me=nt=: w==ho=le====~,~~ =($cj==74=.0=i4)1 1889 II Tax Amount II $74.041 II:IJlJ1f Pag~ Assessor Oat!'[~'!~~ Search DpJ:i~~n~ I Treasurer U!lJ:iibase Search Option~ Clerk H Re~J!f_der Oatabasfl.S~9X~hJlptions Barfield Cl!~~nty~H!l!JlB}ag~ Page 4 of 4 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 Dffir::es are unable to warrant any of the information herein contained. Copyright @] 2005 ~ 2008 Good Turns Software. All Rights Reserved. Database H Web Design by B_ood Turns Softwl!t~. http:!/ www.garcoact.com/ assessor I parcel.asp?ParceiNumber= 213532100009 3/2/2009