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Application-Permit
I 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: Locality: Job Address: Use of Building: --~--~···--modular office trailer #2 ··---------·--···---·--·-- Owner: Contractor: OPD Fees: Plan Check: $ 63.21 Septic: ~--·-· -~-""-----·--·"·---~-----~"·-~ .. ----···-.. -- Bldg Permit: $ 97.25 Other Fees: -----·-----------------------~---~·-~ Total Fees: $ 160.46 __ ,_, ___ __j~--Clerk: Date: 3~ ----..... --"""·--I 1 2 3 4 5 6 7 8 9 10 11 12 GARFIELD COUNTY BUILDING PEfuVIIT APPLICATION 108 81h Street, Suite 401, Glenwood Springs, Co 81601 Phone: 970-945-8212 I Fax: 970-384-3470 I Inspeetion Line: 970-384-5003 www.garficld~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 0:, Hwy or Street Name & City) or and legal description SW 1/4, Section 33, Township 5 South, Range 96 West of the 6th P.M. Lot No: Block No: Subd.l Exemption: Owner: (property owner) Maili?ti. Address: Ph: Berry Petroleum & Marathon Oil Co. 950 1 h StSte2400DenverC080202 (303) 825-3344 Contractor: Mailin~ Address: Ph: OPD POB 8 0 Katy, TX 77 492 281-371-7500 Architect I Engineer: Mailing Address: Ph: NA 3~0 Ft. of Building:"' ...,/), /) S~ Ft. or Acres of Lot: 88 acres ~ht:'\'1'' \";!:~ ~ }.. Use ofBuilding:r/i/~'::+ -~ ·· .· Jobsite office tr iler#2ciATCO Serial Number 36085791 Describe Work: Installation of a jobsite office trailer Please contact Phil Vaughan 970-625-5350 w/questions Class of Work: ~New o Alteration o Addition Garage: Septic: o Attached 0 Detached o ISDS Driveway Permit Owners valuati~~ .9} _w~ ) ~ Setting Fee $ .5' • ~ $ NOTICE AltPh; AltPh: ~-81-371-5947 AltPh: No. of Floors: 1 o Community Authoritv. This application for a Building Permit must be signed by the Owner oftl1c 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 0\Vller, must be provided with this Application. Legal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Department Other Permits. Multiple separate permit~ may be required: (!)State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or C01mty Highway/ Road 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 if work is suspended or abandoned for a period of 180 days after commencement. CERTIFICATION I hereby certify that I have read this Application and tl1at the information containe(l above is tnle and correct. I understand that the Building Department accepts tl1e Application, along \vith the plans and specifications and other data submitted by me or on my bcha lf(subm:ittals), based upon my certification as to accuracy. Assuming completeness oftl1e submittals and approval of this Application, a Building Pennit will be issued granting pennission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Department. In consideration of the issuance ofthe 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 regnlations (County Regulation(s)). I acknowledge that the Btlilding Pennit may be suspended or revoked, upon notice from the County, if the location, constmction or use oft he structure(s) and facility(ies), described above, are not in compliance with County Regu!ation(s) or any other applicable law. I hereby grant pcnnission to tl1e Building Department to enter the property, described above, to inspect the work. I further acknowledge that the issuance of the Building Pennit docs not prevent the Building Official from: (\)requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction onlse ofthe structurc(s) or faci!ity(ies) if such is in violation of County Regulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by tlle Building Department do not collStitute 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 agents, including without limitation my architect designer, engineer and/ or builder. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE NOTICE & CERTIFICATION ABOVE: ~~0--~-~" 2/25/09 OWNERSSIGNATURE --DATE STAFF USE ONLY Adjusted Valuation: Plan Check Fee: Permit Fee: Manu borne Fee: Mise Fees: 01-<fO.aJ ~.'2.1 c:p. 25" ISDSFee: Total Fees: F[P?;:z\ Balance Due: i7~'ri6te: ISDS No & Issued Date: [(;0.4~ ~7.1.5" Const\i_fJ Zoning: \\L OCCGroup: Setbacks: BLDGtT: ~ , ~~ . ··~ APPROVAL ~\ DATE APPROV " 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. 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 permit application and expedite the issuance of a permit it is imp01tant 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 yonr 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 detennine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and dming 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 matetial. 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 Jot 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 prope1ty 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 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 construction, for permit issuance only", "Approval drawings only", "For permit 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 necessmy 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 project_X __ 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 necessary for this project_X __ 10. Do the plans include design loads as required under the IBC or IRC for roof snowloads, (a minimum of 40 pounds per square foot in Garfield County)? Y esX __ Not necessmy for this project __ II. Do the plans include design loads as required for floor loads under the IBC or IRC? Y es_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? YesX __ 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 tlusses? Y esX __ 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) Yes_X __ Not necessmy 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 necessary for this project_X __ 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? Yes_X __ 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? Yes~_ 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 surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and speci!Y safety glazing for these areas? Yes_X __ Not necessary 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 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 necessary for this projectX __ 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. Yes_X __ 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? Yes_X __ 3 5. 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 7:30a.m. and 3:30p.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 B!idge 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 Electlician 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 Parcell 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 necessmy 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 pe1mit 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 2 Project Name: _______________ _ SW1/4,S33,T5S, R96W, 6th P.M. Project Address: _______________ _ Note: On any of these questions you may be required to provide this inf01mation. If required infonnation 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 necessary for this project" on any of the questions and it is determined by the Building Official that the infonnation 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 pennit. C. Delay in proceeding with construction. BpcommDec2007 7 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 I 0 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. APPROVED SUBJECT TO NOTED EXCID.'Tl!ONS & INSPECTIONS GARFIELD COUNTY BUILDING DEPARTMENT Date By-=-=--- FIEJLDCOPY NO INSl!'ECTION WITHOUT Ti!l!ESE li'LANS ON SITE of STATE OF COLORADO F(#:~:Jl@JiJ BIJ1LT NON RESJl)ENTIAL APPLICATION l!h due wllh application ·Not subject to retn)'D March 2004 1 NameoUhnutiu:turer: · . ··· l'Jiut.StrectAddress.:·· · Plant LD.Nnmber: '?:o g-gut:p~ll?{ltA)tNe. 2r.?t' Ztt.ef¢uR)Ic7TA Plant Mallillg Addres5 : . . . · ·. · Plant Telephone: ¢qo E«RiQxttLNt?zt= M .. . < //¢t>. -/R, V<:::ll(Til /;4LL~ 7f< 74Jo~ FAX No.: ( · )~-' .. ( FAXNO. ( r: ;~.:' Live Roadi .n .. d n~f [J 2003 1-Code Compliant .. . 2002 J,'mC _., . . ,· 'Psf [J nmu .. FEE scimDULE TOTAL AMOUNT ..... c. ' ~.f)G:l. . . .'" . lUll Registration Fee (must be accompllllled =F '/3.93 I J_. D i new/npdnted QC Mmtual) /0 ><3G ~cnn nnt. · . .. Caleulator for Plan Approvl!ls = lTDit ,. .. re fooqge x factor Indicate~ .beloW: ... · . . . Approval Fee-SO.l5fsq.ft. ' .. .. :dmum3sets) Ckfi 03! WJ6 .. 562fJ litlonal Plan Set -SD.lo/sq. ft. _.. rlmiU!l Fee for Plan Approvals • ... $160.00 • ,. a.Revlslon-S 0.10 /sq. ft. ::fbO. ·---------------------~~~---------~------Plan Approval Number: So. ...-t> Slo3·· . J!Jnum Fee for Plan Revisions -$50.00 each /·I ..e.E r/1-StW OAT. ~ . .sn. eN> ~·. .. trf-1. " ' turu>KC · lthat~y~ . -:-~· ~~arut . lno. •sn;w f . :in . :with :;c I pl'_'DS ~pplicable codes and provisions of the agreestom-p tlnspeetiono umtsmanufac:lured under . . . . . . ·c ovnl. Application shall be made for and lllSigma affixed to each factory built non restdential that lS subject to Cqlomdo statutes and which 1s manufactured to )>e sold or offered for sale In the Stllte of Colorado. DIV. OF HOUSING, 1313 SHERMAN STREET; RM321, DENVER. CO 80203 (303) 866-4616 FAX 866-3072 32" Q:2 2#6 + 1 #1 0 ,9~:-' 1 LT FLEX CJ ··• HVAC UNIT 2.0 TON/1 ORW. 1,3 32" GFI/WP g2 6:0 Y. STATE OF COLORADO DIVISION OF HOUSING Sept 16. 2008 APPROVED SUBJECT TO FIELD INSPECTION 10'X31i omcr SATn.l.fTt SHELlERS 32" •. 4:Q r i"' -·· f--R· r- f- r--.: f--I· .381 E :I· 75 f--"· f- i; -·· 35.000 L r 68.336l a • -20t91 - " " " --Ill Ill II I = Ill Ill Ill - = Ill Ill Ill -Ill Ill Ill = " 145.210 IIi' Ill Ill 48.24 2 !! !I All STEPS ?"RISE L II" RUN 17 --t---t-24.238 35" ADA STEP WITH 6' X 6' PLATFORM r71.6881 I ~ ; j 11000 _j_ ADJUSTABLE t \*\ d7 :.:hs~~~ ' ·~ "''' 3$" ADASTE?WiTH f>XG"P!.ATfORM ~"u1t A~","F ~ c ·c1!) C'C'' rr »-~ Jt , ) • 1d~<\l'C • October 24, 2008 1\!lr. Fred Jarman Director Garfield County Building and Planning Department 108 8111 Street, 4111 floor Glenwood Spririgs, CO 8'160'1 Dear 1\!lr. Jarman, ' By this letter Enterprise Gas Processing, LLC authorizes Phil Vaughan, PVCIVIJ .. Land Planning Division, to represent Enterprise Gas Processing, LLC in any and all rnatl.em related to the Developm5'nt Plan Fl.<~view for Right-of-Way application for the fVIar~o1thon Gathering System and the associated Jackrabbit Compressor Station. This includes the preparation and submission ul' documents associated with the land use application and representation of the application before the applicable appointcocl and elected boards. Sincerely, F<ichard Hutchif.>on, P.E. Vice President-Project fVIanaoernent EPCO, Inc. P.O. !h,x 4735 Houslnn, Texa~ 772'!0-'n'J!) '/1$,3B1.l'$:50(l llt.\0 J, ,;tk'>I<Hl<l Slii'l•;H i·lou:>\l'i!'l, Tf:!,·,;;,~; 77(l0?.-!i227 I U· fi ,, " '!' '.P\n;ono<-,it to '' n S' •'~>o ''0·. '["tn , h' ·' , M,o>;, ..... ~..,,~~ ··,.,::.'~·,x:s.: .. '!·· "-~-~v·-:-:r,r .-·:( -~ ~~-r_ ·c: ... ~--~l.H_ye.l.~-$:1,!(Jrt_e:q tZ<f<-'~(H .. l.t.~:q this Statwtnent Oii A\i¥ht~t;ft:Y <:>n \;)ei\ill'f gf~#(st;:. @q~4f4~n ,LLC i'l ~ltlli\aft ___ ·~~ ~-""~·-(G;t>:tpiO:r:at>::m, . hm:ttejj habiJi.tyj :¢0.tnpa ny;.r.:._ .. _g,e.n:e.t·al· . _ ·.p.rioi' t:tH~if ts h'~~f .. ,re.ff.i t5;tered 1 ;t:m.:!;tftx) li :abi·l ;i.ty part:neJ:eh3.p, :regil?tered 1:iJ(Iit;ed: liab';Ui ty limited pai:tnersh.ip, li:t.d;,t.,ea p~r.tne·t·sl\:ii> <J$99i::~~t:t~n, g<>l"eioiin)ent agency·, · tcvst. or ci,t,llei';), <j:ti 'i'ntiti tith<?r t:h@li .. ~!'! ;tt>~liix:ral'al, capi\o1"' o.e holctin<:1 ·~.itl.e t6; rgal ·prppi\\.itt!( (the, '~EnbJ.t;iP), antl statl'"s irs follows: . · ...... 'thf-l·_. n.<;~J~~ .0. t.;. ~h<;t ~ni;;.i?y J.'!c t:hfP .. rt:.f2liSf,_{iJ.aS :f+~.il:Jtp-.LL(. anl:l: ~s ,J:q.;-m"l<l' IJ,:;t:Je,r. t~. Ha,,.. p1: -~-_,a !t!W.li-Xe ·~··--·~·· fJJhe. f.!:&·i'Jt~.' ~lndlo-'i.t ,p.9$_;i._ti.0.h 0:{ ::tih'8. pe..:c-.s.on auttu:n:{zed to e·~~rctt:t.e·::_-· . it'L~i~f;_um"a~:_t.S c-onveyi·ng't-et:ncnmbei:-:ing, o-:c othe-r .. H:J .. se- affeoHn" tf,J/·le to ".eai ·!>~;tr•>e·it·'·v on "'. "'.h;;~J:,f c,·f . t:ll£• Bnt··· i t.v ±.s BJdlit:d" ·· iihiPI!fL .. Jilft Mtdint~=-~fl-eJJLt',t}t_~-·--. ~·i.t ~G-~S·. ·:mt· hx~ncl· t~nd ot,f:lcLu1·· I.O~i.l-t~ · :·if sqr,;;~;;;il<t¢r, tiJ;p! t'~s: iJptilJ:2di2l:Z .... DONNA l KNAPP Notary Public, State of Texas My Commis$ion -Expires Aprll22, 2012 SURFACE: LeASE AGREEMe:Nr $TATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGHEEMENT, made ellective on this !!l!!ctay of Jujy 2008, by and between Berry Petroleum Company, a Delaware corporation, 1999 Broadway, Sliile 3700. Denver. Colorado 1'30202, hereiliafter called "Lessor", arHJ En!t:~rprise Gas Processing, lLC. a Delaware limited liabiiHy company, i ·100 Louisiana, liouston, Texas 77002-4324, hereinafter called 'lessee". The entities· J)<lrneq above may sometimes· indivltluall)' be referred to as "Party" and oclfec!lvefy as "Parties." For and in consideration of T>:'!n Dollars ($10.00) and oH1er vaftwble considerntion, and the mutual covenants herein conta;ned, l,essor does htm~by rease •. tmto Le.ssee lhe surface of the following described property. situated in G<irfit'lk! County, Colorado: A seventeen and fifty-three one hundredlhs (17.53) acre parcel of land situated in !he SWY. of Section 33, Township 5 South, l'ang(l 96 West of the G!h PM, and which is more particularly tlescribed rn !he au ached Exhibit "A 1 ". The .. above .described properly is hereinafter referred to as !he "Leased F'rernises," The Parties recognize that U~ssor and Marathon Oil Company {"Marathon") each owns an undivided interest in the surface of the Lease<l Premises, lhat this Surface Lease Agreement covers and includes l.essor's interest only, and lila! Marathon's interest in the· Leased Premises is or will be le(.lsed 10 Lessee vnder a s<~pawte agreeme1it. This Surface Lease Agreernenl covers surfaoe rights only, and does no! include t11e right lo explore for, or pfod~lce t>ll, gas or other minerals. fhis Surface lease Agreement is given sllbject to <'111 leases, condilions, limitations. mld reservations, if any, or record or arisi1~9 by operation of law .. and !he rights of any parties pursuant to smne. The rights leased 1o Lessee herein sMH be non-nxclusive and Lessor shall have the continuing right to access the Leased Premises and to use t11e leased Pr<!lllisos in any way which does no! unreasonably lnterfeH: with lessee's use of the Leased Premises. Lessor makes no warrantees or representations concerning the trUe to tile Leased Premises. Jn addi!ion. lessor here!)y grants to lessee a non-exclusive acct~ss right· of-way to !he Leased Premises. for ingress and egress to ttM Leased Premi$eS. fwm Garden Gulch Extension Road as depleted on the attached Exhibit ''13" This access right·of·way shall terminate with tho expir<lfion of this Surface Lease Agreement. e. No use or possession of 'firearms, explosives, weapons, alcohoii<: beverages. illicit or unprescrioed controlled cJwgs or druq paraphernalia, dogs or p!i!ts are allowed on the Leased Premises. Ther;, sh1;11l be no hunting or fishing allowed on the leased Premises and recreational use of motor bikes and all lerrain vehicles is pmhibiled. lessee agrees lo notily all ofits contractors, e~gents and employees of lhese rostriclions. Any individual or company !hal viol ales this provision wi.ll be asked to leave the leased Premises and shalt not be permittell to return. f. Access to the Leased Premises shall be limited to lessee's management and employees or contractors required to conduct operalions 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-reqldred personnel, including, but not Jirnitod to. regulatory agencies, provided Lessee ls aw<tre of the Me<.l for entry. Lessee shall 1101 access any other property owm~d by Lessor will1oul first obtaining Lessor's permission. g. Lessee shall control noxious weed$ ol any kind th<lt develop on tile Leased Premises. Any non-biodegradable chemical spraying of soil for weed control shall not be done wilhout mlvance appmv<J! by Lessor. h. Lessee shall provide lessor with a copy of its emeroency response plan along with a list of 2:4·110ur emergency contacts responsible for Lessee's operations on the Leased P1emises prior to commencement of any such operations. i. Lessee shall be solely responsible for construclion. rnaintHnance, removal and reclamation acthiilies upon !he Leased Premises. All of Les~ee's operations ill and about the Leased Premises shall be performed and conducted in a careful, safe and workmanlike mnnne1 j. Lessee shall provide Le\lSOr (pwmplly upon Lessee's rece'1p! !hereof or concurrent!)' with Lessee's filing thef!<OI, as applicable) copies of all environmental permits and notices recf1ived or obtained by Lessee from any regulatory authority, and ali documents filed by Lessee wilh <my regulatory aulllorily, concerning nctlvities on l!le Leased Premises including, but not limited to, s!ormwaler construction P<mnils and air quallty permits. k. Lessee shall conduct a sage grouse ilabftal evaluation prior to commencement of any construction on H1e teased Premises and shall furnish to Lessor lh~l results of such evaluation promptly upon completion thereof. agrees to enter into all agreement with Lessor (lhe "Gas Gatherinq Agreement"}. pursuan! to whfch Lessee shall provide Lessor g<l$ gatherin(j and process1og services for lessor's gas on a capacity ii!Vi.lilable b<~sls as requested by Lessor at terms comparable to !hose Lessee charges other producers in !he area for similar servfces and wm redeliver Lessor's gas a! !he tairgate of Lessee's Me@ker gas plan! at the inlr~l to the Rockies Express pip(~Jine. The Gas Gathering Agreement will be prepared ;,md executed prior to start up of Le~>see's compwssor facilllies located on Lessor's surface. ihe term of lhe Gas Gathering Agreemonl will be cotem1inus with the term of this Swiace Lease Agreement. Lessee will provide a tap and v;:;~lve on Lessee's pipeline al n location mutually acceptable !o both Parties to allow deliveries of Lesser's gas into the svcttori side of Lessee's compressof station covered by this Surface leaso A~reemen!. Lessor will provide and lns!all, at lessor's own cos!, inlet ineasurement and control facilities of !yplcaJ industry design thcll are reasonably acceptable lo Lessee to be located upstream of the tap nnd valve installed by Lessee. Lessor will install <md own, and Lessee will operate. these inlet me<~surement and COI'l!rol facitilies during tM term of the Gas Gathering Agreement. 5. Maintonance and Restoration o,f thaLoased Pr·emisas, l,essee will maintain the leased P1emises during the tenn of ihis Surface Le(Jse Agreement in good repair. clear of refuse and litter. Upon termination of this Surface Lease Agreermmt, Lessee will return the Leased Premises to Lessor in its original or bet!er condl!ion. normnl wear and lear excepted. ihe use, maintemmce and restoration of !he lei1sect Premises shall. inciLJde the removal of top·soil f1om lho i.,oase<J Prem•ses f\<tpamt-efy from other material removed by Les!lee ln connec!lon wilh its activities on the Lef!sed Premises, and !he replacement of such topsoil during restoration work. tessee further agrees to insure that the Leased Premises .shall be left free of any large stones, holes. or piles ol dirt which would interfere with farming, ranching and/or other operations tlleH<On. Ali stones, brush <ind debris uncovered on, removed from or deposited on Lessor's lands as the result of aciivilies permitted hereunder shall be disposed of at Lessor's direction .. All cuts, fill slopes, pil and topsoil piles and soil plies will be stabilized and revegeta!od immediately following construclion. Lat1d surrounding !he Loased Premises will be brought bacl1 to a 3·1 slope during interim reclamation. All areas or soil disturbance shaH be smooth gradHd, culllvated to provide a loose set"d bed ot e~ minimum of 6 inches in deplh. fertilized with 250 pounds of 46-0-0 per acm, seeded with the seed miJCture listed below, and mulched with 1 ~$ tons of gtass hay crimped into lhe soil. Lessee shall continue to main lain stormwater erosion controls during !his phase of reclamation. Lessor retains the option of altering l11e seed mixture before seoding is Lessee shail obtllin all air permits required in connection with LGssee's acllvmes or operations on the Leased Premises. 7. Tormioatioo ofAgraornont a. If, at <lilY lime after !he elleclive dale hereof, LGssee !ails 10 use the Lease<;~ Pn;~mises fot the Pwposes provided llen:•unci('r for rnore than lllft)e hun<lnild sixty-five (365) consecutive days, Lessor nwy bi' writt0n notice to Lessee lelll)inate 'lhis Surl'ace U1ase Agreernent, sub)<~c! to the provisions horeirr concerning site l<lCiarna!ion and facifity removal and subject to Uabllilies accrued prior to termination. AI such time as Lessee has reached the !hree hundred sixty. five (365} day threshold. lesse.e must deliver notice of the nonuse to lessor within one ( 1) month or said threshold date. if Lessee fails to de!iver said notice of npnuse to Lessor within the specified one (1) month lime perio(J, and li()lwrthslantling any other provision of this Surface Lease Agre(~ment, then lhe Surface lease Agreement will aulomatically termirlato. b, Upon termination of the rights herein given, Lessee shall execute and · deliver to Lessor, within lhir'ly {30) days af!er written demand therefor. a good and sufflcient release of all interest of Lessee in the !.eased Pr(/mises so t(lrminated. Shollld Lessee fair or reluse to deliver to Lessor suc~1 release. a wti!ien notice O)' lessor reciting tile failure or refusal .of Les$ee to execute and deliver said release, as herein provided, shall after ten (10) days Jrom the date of recordation of said riotlc:e, be conclusive evidence against lessee and all persons claiming under lessee of the termina!ion of this Surface Lease Agreement or a portion !hereof <md all interest of Lessee hereunder as to that portion, subject to Lessee's obligation to remove lts property within ninety (90) days of such termination. Termination shall not operate io extinguish any obligatiOns of Lessee which hav<~ tlccrued ill the tinie of termination, or which accrue hereunder upon termination. B. Srel:!ch. HLes$ee defauUs in !he perforrmmce of any of its obligations under ttlis Sw'face Lease Agreement, Lessor shall nolify lessee in wriling of such breach, This Surface lease Agreement may be terminated at Lessor's discrellpn if stJch default conlinues for a period of thirty (30) days after lessor notifies lessee in writing of such defaull and Lessor's intention to tem\inate this Surface Lease Agreelnenl. and lessee hils not cured the cl!f[aull within such lliirty (30) day period or has nof undertaken actions r~f!s'0 nably calculated lo cure the default within such period and thereafter pursUed . .such acti<:>ns with reasonabre diligence. Thereafter, Lessor will · have lhe right, without further notice or demand. to enter the Leased Page7of13 6UJ' NOT LIMfrED TO, PROPEff'fY OF INDEMNJTEE;S, lJ~SSEF.J, !.ESSEE!'S CONTRACIORS OR SUBCONTRACTORS OR ANY THIRD PARfY} OR FOR VIOLATION OF ANYF!:OEI'<IAL, STATE OR LOCAL LAV\l$, RULES, Rl:\GULA1'10NS, AND ORDE;R$, fNCLUDii'IIG, BUT NOT l,IMITI:D 10, THE COMPRI:;HENS!VI; ENVIRONMENTAl, ~I;:$P9NSE, COMPENSATION, AND LIASlliTY ACT OF 1980, AS A.l\lll:illfDED (CERC!..A) AND n!E RESOURCE CONSERVATION AND RECOVI'i:RY ACT OF 1976, AS AME:NDEO (RC.RA). THIS INDEMNITY SHA,LI.,. NQT APPLY TO THE B:XTE:NT THAT IT JS VOID OR ()THERWISE UNENFORCEABLE UNDER APPliCABLE LAW. 11. L<l§$ce !nsuranco Bcquiremcnt. Lessee agrees to obiain and mainlain insurance acceptable to Lessor which is primary to any olher insur<mce or seif·insurance and which Mmes Lessor as additional insured wilh mspocl to Jii'lbilily arising out of Lessee's performance hereunder, but only to !he extent of ii;1bililies assumed by Lessee under this Surface Lease Agreement Such insurance shall at a minimum include: a. CommerCial Generall..iabilily Insurance Form or the equivalent covering le~see':; contingent fiability, Premises Operations, Completed Operations ~md Products Liability, Conlraclual Liability, and if requested by Lessor. ilahility arising from explosion, collapse, or underground property damag10. i:lll with a minimum combiMd single limit of $2,000,000 each occurrence. for Sodily Injury and Property damage including personal injtny. b .. CoriJprehensive Automobile Uabitlly Insurance or Business 1~uto Policy covering all owned, hired or otherwise operated non-ovmed vehicles with a minimum combined single linli! of S2,0GO.OOO each occw·u,nce for Bodily Injury and Property Damage. c. Workers Compensation '1nsurance as required by law, covering aH statesofoperation, and f:::mployers Liability Insurance with a minimum of $1,000,000 each occurrence. Lessor reserves !he right to change its minimum insurarlce requirements. Be.f:ore commencement of any activities on !he Leas<'d Pr~!smises pursuant to this Surface lease Agreement, Lessee shall furnish Lessor wllh Certificates of lnsurMce acceptable to lessor confirming compliance herewith and provlditlg that no coverage will be canc(<led or materially changed prior to 30 days advance wrltten nolice to Lessor. Subrogation against lessor shall be waived as respects all of the insurance policies set forth above. An Allernale Employer Endorsement may be substituted for the Additional Insured Endorsement only with f()Spect to Workers Compensation Insurance and Empfoyer's Liabilily Insurance. The rage 9 of 13 1•1. Uecns. lessee will pay all cia ims !or labor and materials 1hfll may be fwn~shed on its behalf, .and.will defend, indemnity and hold Lessor twrmles~~ against all liens, encumbrances and claims !hat may be filed against the leased Premises and all liabilities. penallles, fines, payments, judgments, damages, rosses, costs and expenses (including, without. limitation, a!lorneys' fees and court cosls) incurred and/or p<~i<l in conneclion with same. 15. . iaxos. Wilhin thirty (30) days. after demand from Lessor !o~Jolher w1th supporting documentation, Lessee will pay all !<~xes that may be assessed directly or indirectly against !lle Leased Premises because of improvemems constructed or placed ol\ tile lensed Premises by lessee nnd wil! reimburse lessor for any increase in taxos pnid by Lessor tesulling from the. V<!lue oi such facilities. whelher or not sep<trately assessed, tessor will otberwise pay aif taxes assessed Hgainst the leased Premises based upon the valuation of the Leased Premises as of the date of assessment, The provisions of lhis paragraph wilr survive ierminalion of !!lis Surf<JC<1 Lease Agreement 16. Notices. AnY notices reqllired or permit1ed under this Surface L1~ase Agreenwnt sMH be given in writing. The notice shall be served either personally or by registered or cerlilied mail with return receipt reqtlested, Service shall be effec:lrve when received, All notices hewunder shall be direcled to (11(; addresses set forth berow or such substitute address or addresses as provided to the parties at least thirty (30) days in Hdvance ol <lny notice. Present addresses to which notices shall be sent in ac;:;ordcmce wHh llltl provisions of this paragraph are: Lessor: lessee: Berry Petroleum Company Alln: Corporate land Manager 19999 l'lroadway, Suite 3700 Denver. CO 80202 Facsimile: 303-999·4401 Enterprise Gus Processing, LLC Attn: Land Manager 2127 North Loop VI/est Houstol1, TX 77008 Facsimile: 713-803·1349 Pago 11 ol !3 obligations contained in llliS paragmph 22 shall surviv-e termination of this Surface Use Agreement for a period of six (6) months. The Parties agree llmlthi& .Surface Lease Agreement will not be recorded in the Garfield County records; t1owever, at the request of either Party. th<r. Parties V>!ill execute for recording purposes a mernomndwn of surface lease agreement in recordable form evidencing the existence of this Surface Use Agreement. 24. l!jttire Agregmenl;, This Surface Lease Agreement represetlts the lull understanding between the Parties concemil'lg the matters set forth in this Surface tfl<~Se Agrt;lement. iN TESill\i!ONY WHE!REOF, !he Parties hereto h<lVe1 executed this Surface lease Agree men! as of the day al'!d year first written. lQssor: Lessee: Berry Pelrolet Enterprise Gas Processing. LLC Page 13 of 13 STArE OF CDI.ORAOO COUNTYO/, GNWIEW LII:Xii.WVJJ .,J!,.., FOUN{) MONUI.IGNT o liltCYION CORNtiF! C>Od /'OtiNO MO.W/MIWT OU/W1111'1 CQRNI'!f~ 0 P/iJICl!f. COI<Nf!l? S'T,t TEllil!.'NI' iJffi' Sflifi!J;TON.: ....... ,., .. ..._ GtO HC " l, H01M.I.bO:· HF.NNKE, ~'\_N ,.'\Q~NY t~Nl) fifr/Pi,.OVlW ON UI1HALF FOg 0. H. (;HIH~IN & A!H.i(}CJ.i'IT!;S, INC l.,lf'>/tli::J~ GONtH,\Gf iO E!!.1£1!1'(l.!l).!1. PR(li)VCJS TO SUI!VcY 'IHii LL'ASo PN1t:f:l. $HOWN HEf<ti<liJ M:•DE lJ~IDE11.\WA\Jlf10lJIHlY, G'!:.IMf'NCING O>ll"e Hllh OAY FN;.HH .. ·2QOO, SVHl! Jli!S MAP lS l'iCOflfH!CT HHPHE:S!!NrATfON OJ!: TH~. S>\10 SVR.VI.::'(. THt'. ABOVe HfKlWrJ l.tASC iiMCf.L n 'lNG GUti)tcr TO ANY EAS!iMttNrs. coNPITIONS on tuisTRIG1tOtl:> <HAT MAY EXIST oN r.Nn wrr; ow •n>' INI's Lf!Ailli'PIIf!Cl!l. MBA: 163.522 S()tJAR£ FJ':ET OR '7.5.~ Actms RIFFIN & ASS()() fA rES, fNC. 14141J~I($i.,RQC/($PRINI'JIJ,IWIJ2901 __ ::.;::-::::;:::::,.:~;_-----F."::::·IM:;:~::;~c.I."•11)M' !!E..~ .. -_.f:O~«;;il:::.l.:;O"II,::N~o:..,.1:;;;Cfl4.::;,"-:,;;l~m0.n~·y ~~ l---------~-,.~.;;;Ell;;;H"IIl"'l"'r-"11~ :sueErr or 1 PROPOSED LEASE PARCEL IN THEN~ OFTHESWJ OF SECTION 88, ras, R9fJW, GARFIELD COUNTY, COLORADO PREPARED FOR: ENTERPRISE PRODUCTS ,...._.,,,,,._,.,.,~~ .... - ,.,...,"""~""""t->tt•~-.J.'>•....,~· " c 0 t MOCBerry t· .. . ' '· wound Porti0/1 or road included in Agreement . . ··I' ·) 5S 96tN 0 28 ,, 1\-'"k ... ,. ~f· 34 6 " "l:' ~·'\ . -~~ f"~t. 1 ....,,_~~:--, .......... .,~ ~~---------L·~~ ({jA) Mnml!lon ()1l C<Jrnpnny .. tl.: r;() . .......,,.,__,._ ·'"''''----.~-- Piceance Basin Acr::~!~;.~J Hoac~ ,_wcr ~.lOG He11y Sndm:;:;ry 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 E:nterprise Gas Processing, LLC, a Delaware limited liability company, 1100 Louisi<ma, 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. f. 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 withoui 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. I. 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 Lesst;Je 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 thEi 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 ot11er 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 Lt;Jased 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 R13green 404 Crested Wheatgrass, Hycrest Pubescent Wheatgrass, Luna Pure% 17.35 17.12 16.84 16.45 14.70 7.25 7.14 Less13e 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 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 this Surface Lease Agreement, Lessor shall notify Lessee in writing of such breach. This Surface Lease Agreement may be terminated at Lessor's discretioh if such default continues for a period of thirty (30) days a~erLessorhotifies Lesseein writing of such default and Lessor's intention to terminate this Surface Lease Agremeent, and Lessee has not cured the default within such thirty (30) day period or has not l.mdertaken actions reasonably calculated to cure the default within such 'period 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 personal property that may be located thereon, and restore the Leased Premises to their original condition, without waiving any other remedies to which Lessor may be entitled. If, within ninety (90) days after the date of Sulfate 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 Lessor's other rights under this Surface Lease Agreement, Lessor may dispose of the stored property, retain any proceeds from the sale of such prope1ty, 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 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 prope1iy 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 mater'ially 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 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 J!..-1 ! 1 LECAL DESCR!PTION PROPOSED LEASE PARCEL SITUATE JNT!{g NJI2 OF THE SWl/4 OF SECTION 33 T 5 S, R 96 W, 6"' l'.M., GARFIEJJD COt:NTY, COLOR<\DO IN BERRY PRTROLEUM COMPANY LA?\DS MAY 3, 2008 ! 601M-b.:mv PROPOSt:o Lb\St: /\parcel of land t(lr a Lease Parcel situate in the north half of the southwest quarter of Section 33 in ·rownship 5 South and Range 96 West of the Sixth Principal Meridian in Garfield County, Colorado and being described as tollows: Considering the.norlh line of the south half of said Section 33 as bearing South 88° I 9' 05" East and all the bealings contained herein arc referenced th1m. The tcnninus of the said north line being monumcnted \:vith bras·s caps set by the U. S. General Land Office survey in 1917. Comme~cing at the west quatter corner of said Section 33; Thence, South 79" 37' 22" East a distance ilf330.73 feet to the Point Of Beginning; THENCE, South 88" 19' 05" East a distance of 1430.84 feet; THENCE, Sottth 28° 03' 03" West a distance of2ll.09 feet; THENCE, South 43 o 25' 3 l" West a distance of 1 55. 7S feet; THENCE, South 30° 42' 49" West a distance of245.12 feet; THENCE,Sottth 54° 00' !9" West a distance of382.58 feet; THENCE, Sotiih 50° 40' I I" West a distance of342.74 leer, li·om which the southwest comer of the said Section 33 bears South 30° !7' I 7" 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 of2l0.42 feel; THENCE, North 29° 47' 14" West a distance of374.99 feet to P"int Of Beginning The above described parcel of (and cont~i.ning 763,522 square feet or 17.53 acres of and is subject to any easementsl conditions and/or restrictions that may exist on or within its lines. SURVEYOR'S STATEMENT R.l!FERE)'.;CE DRAWING No. 16044-bcny (EXH!BfT Bi EXHIBIT A-2 Garfield County Assessor/Treasurer Parcel Detail Information Asg:~sorffreasurer ProQerty Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder ReceQtion Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial ImQrovement Detail Land Detail I PhotograQhs I Mill Levy Revenues Detail I Tax Area II Account Number II Parcel Number II 2008 Mill Levy I I 026 II R260149 II 213532100009 II 38.941 I Owner Name and Mailing Address !BERRY PETROLEUM COMPANY & !MARATHON 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 ls112SW, S l/2SE, SEC 32 Nl/2NE, ISWNE, NW, DESC: Nl/2SW, SESW, SE, ISEC 33 SW BK:0256 PG:0504 IRECPT:751856 RECPT:751853 IRECPT:747980 RECPT:743398 IRECPT:743336 RECPT:743335 IRECPT:7 41635 RECPT:7 40786 IRECPT:738784 RECPT:738783 BK:l863 IPG:0987 RECPT:711208 BK: 1863 IPG:0984 RECPT:711207 BK: 1863 IPG:0981 RECPT:711206 BK:l853 PG:367 JRECPT:709024 BK:0946 PG:0588 IBK:0946 PG:0590 BK:0662 PG:0311 http://www .garcoact.com/ assessor/parcel.asp ?ParceiN umber=213 53 2100009 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: 11880 I I Land Sq Ft: llo 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: 14,63011 4,2401 I Improvements: oil ol I Total: 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 lo I Buildings: Number of Comm!Ind lo Buildings: I 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://www. garcoact.com/ assessor/parcel.asp ?ParcelN umber=213 53 21 00009 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 I 2002 I Tax Amount $74.801 I 2001 Tax Payment: Whole ($79.80)1 I 2001 Tax Amount $79.801 I 2000 Tax Payment: Whole I ($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 $74.041 IQ!l.QL£ag~ Assessor Database Search_Qgtions I Treasurer Database Search Options Clerk & Recorder Database Search O_ptions Garfield Col)nty Home Page 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 :/lwww. garcoact. corn! assessor/parcel. asp ?ParceiN umber=213 532100009 2/10/2009 11240 No. --------------------Assessor's Parcel No. 2135 -321 -00 -009 Date ___ 3_12_12_0_0_9 ___ Bl.m.DING 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..::_.c.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_10_K_a_ty_,_T_x ____ Phone # 281-371-7500 Setbacks: Front _____ Rear _____ RH _____ LH _____ Zoning ____ _ modular office trailer #2 Soils Test--------------- Footing---------------- Foundation ___________ _ Grout _________________ __ Underground Plumbing _______ _ Rough Plumbing --------- Framing _______________ _ Insulation------------- Roofing------------------ Drywall-------------------- Gas Piping-------------- ~'\£\ '\ 9J-·~Cb~ \'S\ on INSPECTIONS NOTES Weatherproofing _______________ __ Mechanical _________________ _ Electrical Rough (State)------------- Eiectri al Final State) . · C Final ,J_ .... /Checklist Completed? /)1i/l Certificate Occupancy# __________ __ Date ____________________ _ Septic System # --------------- Date ------...,-------------Final _________________ _ Other __________________________ _ (continue on back) UIL lNG PERMIT GARFIELD COUNTY, COLORADO INSPECTION Will.. NOT BE MADE UN!LESS THIS CARl> IS POSTED ON THE JOB Date lssued __ _..3E---=~=-·-d/-"--------Permit No. __ l_Z_)._--"~._0 _________ _ 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. useMOduJar dfu.e-~.-br.._..ar,.._·-""'let:""'--il'_2=---------- AddressorLegaiDescription c;.w 1/tf SOC ?,l,:rDS., gq(Oit\f Owner?Jtt\1fkhbrD/N~Ar~ Qj I Contractor_J~o,.Ou::P_...D<L--____ _ Building PermitType~t:I.itlJ~·------------------------ 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 In~ (PriortoFinal) ~2 ~j' n , Rough Mechanical Septic Final '-- Gas Piping FINAL J-J-3-D'J M11_ Electric Rough (by State Inspector) (You Must Call For Final Inspection) (Prior to Framing) Notes Framing (to include Roof in place & Windows & Doors installed & Flrestopping 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 DONOTDESTROVTHISCARD ~ tr, ~:::_o_v_ED---"'3 "72-d/ PROTECTP:{fJf!!w~ldJ (DO NOT LAMINATE)