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HomeMy WebLinkAboutApplication-PermitI Garfield County Building & Planning Department 108 8th Street, Suite #401 Glenwood Springs, Co. 81601 Office:970·945·8212 Fax: 970·384·3470 Inspection Line: 970·384-5003 Building Permit No. Parcel No: Locality: Job Address: -- Use of Building: modular office trailer #1 Owner: Petro/Marathon Oil Contractor: OPD Fees: Plan Check: $ 63.21 Septic: -~-----·-·'~ ·-------.. ···· "~"~"--~ Bldg Permit: $ 97.25 Other Fees: ---------····-·"-"- Total Fees: $ 160.46 Clerk: : 1Jrij!Of2_---------Date: _3_;2-0'j__ I 1 2 3 4 5 6 7 8 9 10 11 12 GARFIELD COUNTY BUILDING PERMIT APPLICATION 108 8'h Street, Suite 401, Glenwood Springs, Co 8!601 Phone: 970-945-8212 I Fax: 970-384-3470 I Inspection Line: 970-384-5003 www.garfield-countv.com Parcel No: (this info1mation 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 !ega! description SW 1/4, Section 33, Township 5 South, Range 96 West of the 6th P.M. Lot No: B1oekNo: Subd./ Exemption: Owner: (property owner) Maili1{ Address: Ph: Berry Petroleum&Marathon Oil Co. 950 1 h StSte2400DenverC080202 (303) 825-3344 Contractor: Mailin~ Address: Ph: OPD POB 8 0 Katy, TX 77492 281-371-7500 Architect I Engineer: Mailing Address: Ph: NA Sq. Ft. o~ur;rs S~ Ft. or Acres of Lot: 88 acres Heifht: 12'-0 1/2" UseofBui1ding:, ;~· Jobsite office trailer #1-A TCO Serial Number 36085790 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 valuati\n~~~ t\~ Setting Fee $ • $ NOTICE Alt Ph; All Ph: 281-371-5947 A1tPh: No. of Floors: 1 o Community Authorltv. This aPPlication for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building 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 permits 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 O:mnt'y Highway( Road Access or a State Wastewater Discharge Pc1mit. 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 ISO days after commencement. CERTIFICATION I hereby certify that I have read this Application and that the infonnation contained above is true and correct. I 1mdcrstand that tl1e 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 certifica1ion as to accuracy. Assuming completeness of the 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 of the Building Pem~it, I agree that I and my agents wi!l comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, lSDS regulations and applicable land usc regulations (County Regu!ation(s)). I acknowledge that the Building Pennit may be suspended or revoked, upon notice from the County, if the location, con!.'tnlction or use of the structure(s) and faci!ity(ies), described above, are not in compliance with County Regulation(s) or any other applicable Jaw. I hereby grant pennission to the Building Department to enter the property, described above, lQ impect the work I further acknowledge that the issuance of the Building Pennit docs 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 struoture(s) or facility(ics) if such is in violation of County Rcgulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Department do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limitation my architect designer, engineer and! or builder. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE NOTICE & CERTIFICATION ABOVE: ~~~ ---~q.,,~ -~)._)\~"" OWNERS SIGNATURE DA E STAFF USE ONLY Special Conditions: 4f 4( .,?: 'Sfi£J )I) ~,CO Adjusted Valuation: Plan Check Fee: '0-2.40.a? q;~, '2-{ Pennit Fee: '17.~5 Manu home Fee: Mise Fees: Balance Due: 17/25 ISDS No & Issued Date: ISDS Fee: Total Fees: ltPD .44> Fees Paid: (93.21 Setbacks: OCC Group: \) Cons~\!~ I ZoV:\ L APPROVA I'JATE 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 stmcture 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 mnning water, non-absorbent kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessmy 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 circmnstances 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 Distiict, 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 Pennit. ~~~~~-~~---~ 2/25/09 OWNERS SIGNATURE DATE BappJicationdecember2007 GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS FOR CONSTRUCTION OF COMMERCIAL OR MULTI-FAMILY RESIDENTIAL BUILDINGS Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design yonr project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan and in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Plans to be included for a Building Permit must be on draft paper at least 18"x 24"" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony steps, hand rails and guard rails, windows and doors, including the finish grade and original grade line. A section showing in detail, from the bottom of the footing to the top of the roof, including re-bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house-rap, (which is required), siding or any approved building material. Engineered foundations may be required. Check with the Building Department. I 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 propetties 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 property and adjacent properties), streams or water courses? This information must be certified by a licensed surveyor with their signature and professional stamp on the design. Yes Not necessary for this project _x __ 3. Does the site plan indicate the location and direction of the State, County or private road accessing the property? YesX __ 4. Is the I.S.D.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? Yes Not necessary for this 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 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? Yes_X __ 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 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_:< __ 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist spaces and soffits? Yes __ Not necessary for this projectX __ 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? Yes_X __ 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? YesX __ 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? YesX __ 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) Y esX __ 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 necessary for this projectX __ 18. Does the plan include a masomy 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? Yes_X __ 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 specify safety glazing for these areas? Yes~-Not necessary for this project __ 22. Do the plans include a complete design for all mechanical systems planned for installation in this building? Yes_X __ No Not necessary 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 petrolemn 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 four 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 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 corner 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? 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 iu 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 625-860 I. See Phone book for other agencies YesX 39. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups? The license number will be required at time of inspection. YesX 40. Are you aware, that on the front of the building permit application you will need to fill in the Parcel/ Schedule Number for the lot you are applying for this permit on p!ior to submittal of the building permit application? Your attention in this is appreciated. YesX 41. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes_X __ (Please check with the building department about this requirement) 42. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading pennit? 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 I 0 persons as per Section I 004 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 tbe 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. fuQ~-~~~· Signature 2/25/09 Date 970-625-5350 Phone: ______ ( days); _________ (evenings) Jackrabbit Compressor Station-Trailer 1 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 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 necessary for this project" on any of the questions and it is determined by the Building Official that the information is necessary to review the application and plans to detetmine minimum compliance with the adopted codes, please expect the following: A. The application may be placed behind more recent applications for building petmits 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 11241 No. --------------------Assessor's Parcel No. 2135"321 -00 -009 Date ___ 3_12_12_0_09 __ 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_er_ry.:...-:..p_e_tr_o_lm_a_r_at_h_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 #1 Soils Test------------ Footing------------- Foundation, __________ _ Grout ____________ __ Underground Plumbing _______ _ Rough Plumbing --------- Framing ____________ _ Insulation ------------Roofing ____________ _ Drywall ------------- Gas Piping ---"~'-r::~~~---------~~* 1 1,c.o'b 1qn INSPECTIONS NOTES Weatherproofing ___________ _ Mechanical _________________ _ Electrical Rough (State)----------- Eiectri~ ~ (~te) Final ¥12.." hecklis Certificate Occup ncy # lv!Sf!:;75-Tr,......'-'-1F-- Date J, Septic System# ______________ _ Date ----~-----------Final _____________ _ Other _______________ _ (continue on back) I BUILDIN PERMIT GARFIELD COUNTY, COLORADO INSPECTION WiLL NOT BE MADE UN!LESS THIS CARD IS POSTED ON THE JOB Date Issued _3""-".Z"'----•0__.1'-------Permit No. /JJ Lf I 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_MOdlWlr office_.__::im,j,.....(er...__::tf:'--'1----'-------- Address or Legal Description _<ii_w!J4 S,e£J f:/01 T?~+j -'~'-=A-"f.t...._,yJ,_,._ ________ _ Owne~-h171bAfU~ Oil Contractor ()""'PQ"'-"""'-------- Building Permit Type UJ\AM'-'erJ..._,..(J.._...a..,J~.-. -------------------- This Card Must Be Posted So It Is Plainly Visible From The Street Until Final Inspection INSPECTION RECORD Footing Driveway Foundation I Grouting Insulation Underground Plumbing Drywall Rough Plumbing Electric Final (by State Inspector) {Prior to Final) 7/~09 trr Rough Mechanical Septic Final Gas Piping FINAL 1-1-'5-o'f ,QfVl Electric Rough (by State Inspector) 7 2 Nil (You Must Call For Final Inspection) (Prior to Framing) Notes Framing (to include Roof in place &Windows & Doors installed & Firestopplng In place) APPROVED Date THIS PERMIT IS NOTTRANSFERABLE For Inspection Call970-384-5003 Office 970-945-8212 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 DO NOT DESTROY THIS CA~ 3 -Z..O<f PROTECTP:~r~tAMA~y/oJ (DO NOT LAMII\IATE) CONDITIONS TO BUILDING PERMIT FOR TEMPORARY EMPLOYEE HOUSING/OFFICE UNITS I. 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. STATE OF COLORADO FN:;;J@)!'J lllJILT NON RESIDENTIAL APPLICATIQN F.i~ duo with applicalion-Not subjott to roto.ru · March 2.004 1 NameoUJannriotoror: · . . ·· Plant.StrottAddressY · 'f:o $ll{ut:f?1.~5AjtNt: 2¢1Pb .E~ui(),lclf'&;. Plant Mailing Address • . . . . · .· flr;o Et<&i</ltt£Nti'lt"' &I · · · Vt:!l/tTA @LL 7?< 74:Jot:,. FAX No.: --. . ;J Plant m. Number: ,, ... ®.11 PlantTelephone: ., ,• ( /l¢t>.-. (' )9¥a. t '· --~----------~--------------------------------~~~~--------~·· ·~;~-----------lntattl'erson: Telephone No.: .~"~t:' 'l:'hfrd Party Inspeelion.Agency: " • 13?, ,?.2.9-t,¥3 I-ITA .. .INc. 20031 c d c liant L' R dL d D -0 e .omp IVe oa oa ll!i'f ,Ji . D 2002 NEC Compliant Wind Desien Pressure Wi :Jf FEE scimJ>llLE TOT;U. AMOUNT · .. -.·· FOOTAGE · .. ,,.,, ' ·;~; . oal Reglsnation Fee (mnst be aecompanled ~_pEl. '4= f393 I J-D i new/updated QC Manna!) /0 ><3~ .$500.00/perloeation I ' Calenlator for Plan Approv$ = trnit ; re fool:!-ge x factor lndleatc~ .beiO'if: ... · - , . . ' ····· Approval Fee-$0.2Sfsq.ft. .. •' .. ximmn3 sets) Ck;j{ 0-31 !pj() ... 5()~ litlonal Plan Set -$0.10/sq. ft. . ... · limlllll Fee for Plan Approvals -$160.00 . . ,. '~ .. a Revision-S 0.10 /sq. ft. ::t.bo. ·-p-j;.·A~;;.;al N,:;;;;.,;;-:..:..,----------'------- So.""" Sle>3.. :tlmum Fee for Plan Revisions -$50.00 eath .. .; i!:.E WStf!M/ rAL4MOUNTSVBMIITED _s-t) ' <S"'tJ. EXPIRES:' o/tl;u;p9 WFACTURBR CERTIFlES 1hat only approved eqwpmeot amd matertllis will be used amd the installations shall bemede m aecor4allce mth approved plans IJlPlicable codes amd provisions of the Co Ioredo Division o,fBousing. Manufactnrer agrees to in-plant inspeetion of units mamufac;ured under the above plan oval. Application shall be mede for amd insignia affixed to eath faetory built non residential1hat is subject to Colorado statutes and which is manufi1.ctured to ,be sold or offered for sale in the State of Coloredo. DIV. OF HOUSING, 1313 SHERMAN STREET; RM 321, DENVER, CO 80203 (303) 8664616 FAX 866-3072 32" (d::z 2#6 +1#10 ?J~L~ 1 LT FLEXq ,· ~VO"cTO~~lokw 1,3 2 ::J6X_60 : FOLD DOWN p~ TABLE tl. ~-~. --~· =:;:Cd c OAT£: 5 -~ STATE OF COLORADO DIVISION OF HOUSING Sept 16,2008 APPROVED SUBJECT TO FIELD INSPECTidN "'"" omot SATU.l..ll'E SHB.'!ERS 32" 4~ . 32c"·,. 4:0 Y.·. r I"' + + ·U· .381 75 ·"· cl: f- 1:: .. ·n· 35.000 L_ " • -20r1 = " " " = II I Ill Ill - = Ill II I Ill - = Ill Ill II I -Ill Ill Ill = II II II 145.210 " Ill Ill Ill II I II 48.24 2 All STEPS T'RISE L II" RUN 35" ADA STEP WITH 6' X 6' PLATFORM 7 ~ c 1.000 ADJUSTABLE ""'""""''""-"""""'• ........ _,.._""""'~""""'""""""""""""'""'"""""~ -~=r"""""'""""""'_..,,..__~....,. October 24, 200B Mr. Fred Jarman Director Gaffield County Building and Planning Department i 08 8111 Street, 4111 floor Glenwood Springs, 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 allmatl.ers related to the Developm9nt Plan Review for Right-of-Way application for l:he Mar~o1thon Gathering System and the af!socia!:ed Jackrabbit Compressor Station. This includes the preparation and submission of documents associated with tho land use application and representation of the application before the applicable appointee\ and elected boards. Sincerely, /-:J /) o !i-._L . r·.J () ''\UI::'{_t</'--d {,70 "~( C.?t/1..--·-....__~- F<i<::hard Hutchison, P.E. Vice President·-Project Manaoernent EPCO, Inc. P.O. !3ox 4735 Hous\!)n, Te-xat 77.ino-~a;~!) 11~tSS1.6600 1100 t ·.:·t,~'>f::Ul<l Sli'H>;il i·(t>\!~\I'Jfl, Tl?,:.:;;.~; 77(l0?.-!i227 ! f; % 'J?p_;rsu_ant t'o -t>_~_:;a_::_·-~---"'-. §-~~J-:-;3:9:~:_1 ?~~--r th¢.. ~~.h._~ie.l.~si,gn_e;s e.:x-~~c-ut .. et]_ _ o£ ~><iJ:hqrfty ""' J;?e!lill£ qx'~(se et.J,~I!l ,LLC ·~~~~~~~~!~~~=~~·~·;;)~·~~~·~]~· {O!!<Xpp:ra:t:.>:on, .l.uni.teJ;J habUi.tyj ~ .. re.Q.:.i.S:tered .l;b't:J:.t-@:rJ li:abi·l.i.t:y · > ;-regi~taJied . . ' lial;>.ll-.i t:y limiter:\ pa~to .. ~rs.hip, H\1\J;t;ect. riilrtne:tshi,p <J.$$r,>Q/,<l!ti¢\1, . goY:~:.;r,n',ent . agen.ay, tr:1.1st 61· .6.t)H1i-,:)., f;iti ~ntitY' ti.tli:{;i:c. ,th~n. {!i! ;i;riiti'Xidpal, c<.rpAhle of. ho.lct.i.MJ. \:'.'\:t:ke 'tci; real. t;i:qpi;>:itt!{ (the, '~Eni:'l:tyi'), an(l st&tes as follows: itch a abo;u;e Axr• DONNA t KNAPP Notary Public, State of Texas My Commission Expifes AP¥1122, 2012 ~-9~-;;-,;>;.~s-~;;m~~ll~>-~~~~'il';\.~~.d~·,r~"i?P"'~~~~--;;:~.~~~.,.¥~(W'!">'~~-""".':"=~=--···~·"'''"""""''"·=--~~·-·"·~"'""'1"B~·~M.1:•o'=~«·t>-==<<<""·W·""·1"'~~<?'1"~''"';'-''>'<<ni>m-:.-~r'~="''"'-n:.-.~ SURFACe LEASE AGREEIVU~NT STAlE Of: COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGHEEMENT, nwde ~llective on this /f;ilday or July 2008, by and between Berry Petroh'Jum Company, a Delawmre corporation, 1909 Broadway, Suile 3700. Denver. Colorado 80202, hereillafter called "Lessor", an(i Etlterprise Gas .Processing, lLC, a Delaware limited liability cotnp<Jny. 1100 Ltj!Jlsiana, Houston, Texas 77002-4324. heieinCifter called "Lessee", The entities· naml'!r! aboVI~ may sometfrnes · individually be referred to as "Party" and c(Jifeclivery as "Parties." WffNESSETH: For and in consideration of Ten Dollars ($10.00) and o1t1er valuable consideration, and the m!Jlual covenants ht3rein contained, l.essor does her(! by fea~e •. u.nto Le.ssee the surface of the following described property. situated in Garfield County, Colot11do: A seventeen and fifty·lhree one hundredths (17.53) acre parcel of land situated in the SWY. of Section 33, Township 5 South, Hangn !J6 West of the 6th PM, and which is more particularly ~iescribed lfl the atlached Exhibit "A 1 ". The above described property is hereimllter relened to as !he "L.:><>sed Premises," The Parties recognize that Lt;<S$or and Marathon Oil Company {"Marathon") each owns an undivided inl.eresl in lfw surface of the LeHse<l Premises, !hat !his Surface Lease Agreement covers and includes Lessor's interest only, and that Marathon's interest in the leased Pmmises is or will be !(!lased .lo Lessee under a separate agreement. This Surface Lease Agret~rnenl cq\lers surf<Jce rights only, and does not include !he right 10 explore for, or pror1~1ce oil, gas or other minerals. This Surface Lease Agreement is given subjectto a!Ueases, conditions; limitations. tllld reservations. if any. or record or arising by operation of law .. and the rights of any parties pursuant to snrne. Tho riglllS leased. to Lessee herein shall be non-exclusive and Lessor shall h;we the conlinuing right to access !he Leased Premises and to use tile Leased Premises in any way which does not unreasonably lntetf0Hl with L0ssee's use of the Leased Premises. Lessor makes no warran!ees or representations concerning the lille to the Leased Premises. Jn addition. lessor hereby grants to Lessee a nOll-exclusive accHss right· of-way to the Leased Premises. for ingress i.llld egress to !hcl Leased Premises. from Garden Gulch Extension Road flS depicted on llie il!taclied Exhibit "!3" This access right-of-way shall terminate with the expiration of this Surface Lt;ase Agreement e. No use or possession of firearms, e'Xplosives, weapons, alcoholic beverages, . illicit or unprescribed controlled dwgs or dru(J paraphernalia, dogs or pets are allowed on !he .Leased Premises. The1e . sh<~ll be no hunting or fishing allowed on !he leased Pmmises ancJ recreational use of motor bikes and all terrain vehicles is pmhibifed. lessee agrees to notify all orrts contractors, agents aM employees of these restric!k>ns. Any individual or company !hal vioiCl.les this provision wi.ll be asked to leave the lea sec! Premi$es and silail not ne permitted lo return. t, . Acoess to the Leased Premises shall be lirnifed to Lessee's management and employees or contractors required to conduct operations for the Purposes only. Except in the case ol emergencies or required by law, lesse•• shall notify Lessor twenty-four (24) hours prior to entry by non-required personnel, inclw:Jing, out not lirnilod to. regulatory agencies, provided Lessee ls awuro of the need for entry, Lessee shall not access any other property owned by Lessor will1out first obtaining Lessot's permission. g, Lessee shall control noxious weeds of any kind that develop on t!JG leased Premises. Any non-biodegradable chemical spraying of soil for wqed cofltrol sh1~11 not be done without advance approval by Lcn;sor. h. Lessee shall provide lessor wilh a copy of its emer9ency response plan along with a Jist of 24-hour emergency contacts responsib14> ror Lessee's operations on !h(' Leased Pmmises prior to comm<~ncement of any such operations. i. Lessee shall be solely responsible for construclion, rnainlenancr~. removal and reclamation activities upon the teased Premises. AU of Les:;;ee's operations in and about the le<lSed Premises shall be performed and conducted in a careful, safe and workmanlike manner j. Lessee shall provide Lessor (promplly upon Lessee's receipt !hereof or concurrently wit11 Lessee's filing thereof, as applicable) copies of ull environmental permits and notict'ls received or obtained by lessee from any regulatory authority, <Uld ali documents filed l.ly Lessee with an)! regulatory aulhorily, concerning activities on the Leased Premises Including, but not limited lo, s!ormwater construction f)<'mnils and air quality permits, k. Lessee shall conduct a sage gwuse 11abital evaluation prior to commencement of any construction on H1e Leased Premises and shall furnish to Lessor !h~l resuns of such evalualion promp!ly upon completion thereof. ~"· '• " .. agrees to enter. into an agreement with Lessor (!he ''Gas Gatherinq Agreement"}. pursuarr! to whfch Lessee shall provide Lessor IJ<l$ gathering and process1ng services for lessor's 9as on a capacity 1;1vailable basis as requested by Lessor at lerms comparable to !hose Lessee charges other producers in !he area for similar services and will redelivelr Lessor's gns at the tailgate of Lessee's Me0ker gas plan! at the inlet to the Rockies Express pipeline. The Gas Gathering Agreement will be prepared and executed prior to start up of Lessee's compressor faci/ilies locatecl on Lessor's surface. ihe term of the Gas Gathering Agreemt'>lll will be co1em1inus wi!h the term of this Surface Lease Agreement. Lessoe will provide a tap and v<~lve on Lessee's pipeline al a location mutually acceptable !o. both Parlles to allow deliveries of Lessor's gels into the suction side of lessee's compressor sta!lon covered by this Surface lease Agreement. tesso1· will r>rovide and jnslaJI, at lessor's own cos!, inlet ineasurement and control faciti!ies of typical industry design th<H are rMsonably acceptable to Lessee to be located upstream of the lap anrJ valve Installed by Lessee. Lessor will install and own. and Lessee will operate, these lnlr~l me<~surement and control facilities during !he term oi the Gas Gathering Agreement. 5. ,IYJaintonance and Restoration ofthe Leasod Premises, Lessee will maintain the leased Premises during lhe h;rrn of this Surface Lease Agreement in good repair. clear of refuse and iit'ler. Upon termination of this. Surface lea<1e Agreom1ml, Lessee will return the Leased Premises to lessor ln its original or betler condliion. norm<JI wear and tear excepted. The use, mainlemmco and resloralion of the Le<1sed Prl;)mises shall include !he rornoval of top"soil f•om lho l.ease<J Premoses separately from other maleri<lf removed by lclssee in connection wHh its activities on the Leased Preinises, and !he replacemont of such topsoil during restoration work. Lessee furthe1· agmes to insure that the Leased Premises shall be left fme of any large stones. holes, or piles ol dirl which would Jnterfero wrth farming. ranching and/or other operations Hleteon. All slbnes, brush and debris uncovered on, removed from or deposited on lessor's lands as the result of aciivities permit!ed hereunder shall be disposed of a! Lessor's direction. All cuts. fill slopes, pi! and topsoil piles <i!nd soil piles will be stabilized and revogeta!Gd immediately following cOI1S!ruction. land surroumling lhe Leased Premises will be brO\Ighl bacl1 to a 3-1 slope during intelim reclamation. All areas of soil disturbance shall be smooth graded, cullivated to provido a loose s'''"d bed of '' minimum of 6 inches in deplh. fertilized with 250 pounds of 46-0·0 per aero, seeded with the sec~d mixture listed below, and mulched with 1 » tons of gt<lSS hay crimped into the soiL lessee shall continlle to maintain stonnwater erosion controls during lliis phase of mclarnation. Lessor retains the option of altering the seed mixtl!re before soeding is Ptl(H% 5 of 13 Lessee shall obtain afl air permi!s required in connection wiU1 lessee's activities or operations on lhi'J Leased Premises. 7. Termination of ~greomtmt. a. If, at any lime after the effective dale hereof, Lessee !ails to use the Leaseg Premises for the Purposes provided llereund()f for more !han three hundred sixty-five (365) consecutive days, Lessor may by written notice to lessee terminate 11lis Surface Lease Agreement, subject to the provisions herein concerning site J<lCiamalion and facili!y removal and aubject to liabilities <lt:crued prior to termination. Al such timo as Lessee has reached the lhree hundred sixly-·fiv(! (365) day threshold. Lessee must d:E)Iiver notice of the nonuse to Lessor within one ( 1 J month of said threshold date. If leSS(le fails to deliv()t said noiice of nonuse to Lessor within the specified one ( 1) month lime period, and nolwiihslanding any other.provision of this .Surface Lease AgreHmenl, !henlhe Surface Lease Agreement will autonmticaJI)I terminate. b. Upon termina!ion of the rights herein given, lessee shall execute and i;Jeliver to Lessor, wHhin lhirty (30) days after written demand therefor. a goOd and sull1cient release of all interest of Lessee in the I.e a sed Premises so t(lrminated. Should Less(~e fair or refuse to deliver to lessor such release. a written notice by lessor recitino the failure or refusal .of Lessee to execute and deliver said rele<lse, <ls herein prpvii.led, shalf after ter1 (10) days !rom lhe date of recordation of said n(;)!ice, be conclusive evidence arJainsl Lessee and all persons claiming under lessee of lhe termination of this Surface Lease Agreement or a portion thereof and aiJ interest of Lessee hereunder as to that portion, subject to Lessee's obligation to remove its property w1tl1in ninety (90) days ol such termination. Termination shaft not operate to extinguish any obligations of Lessee which hav<~ accrued ill the time of!ennlnation, or which accrue hereunder up~m lermin<Jiion. B. Elre@ch. lfl&s$se defaults in the performance of any of ils obligations under H1is Surface tease Agreement, Lessor shall notify lessee in wriring of sucll breach, This Surface Lease Agreemonl may be !errnirmled at Lessor's discretion if SlJCh default continues for a period of lhlrty (30) day!; nflor lessor notifies Lessee in writing of such defaull and Lessor's int<:nlion to t(;)Hllinate this E;unace Lense Agreement and Lessee !las not cured the d~fa.uJl wilhin such llllrty (30) day period or has not undertaken actions Ft;ifi~Onably catculf'J!ed to cure the default within such period and thereafter ·pursued such aclions with reasonabr~, diligence. Ther~:after, Lessor will ha\le the rlght, without further notice or demand. to enter !he Leasnd Page 7 of 13 ElU"f NOT LIIIIIITI:D TO, PROPf:fftY OF INDEIIIINITEES, U:ssES, l.ESSEE!'S CON'rRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY} OR FOR VIOLATION OF ANYFE::De~AL, STATE OR LOCAL LAV\f§'>, RULES, REGULAiiONiil, AND ORDERS, INCLUDING, BUT NOT·. I.,II\IIJU!:D TO, THE COMPREHENSIVE ENVIRONMENTAL, RE':$PONSE, COMPEN$A1'JON, AND LIABILITY ACT OF 1980, AS AMENDED (CIS'RCLA) AND THE' RESOURCE CONSERVATION AND Rf::COVERY ACT OF 1976, AS AMENDED (RQ.RA}. THIS INDEMNITY SHALL NOT APPLY TO THE eXTENT THAT IT IS VOID OR OTHERWiSE UNENFORCEABLE UNDER APPLICABLE LAW. 11. L!l'g;~cc lnsurMce Regulrcroont. Lessee agrees to oblain and mainlain insurance acceptal>le to Lessor which is primary to any other insur<mce or seif-inswrmce and which names lessor as additional insured w~h respect to liability arising out of Lessee's performance hereunder, but only to !he extent of liabililies assumed by lessee under !his Surfar.e Lease Agreernel'lt. Such insurance shall at a minimum include: a. Commercial General Liabilily 111surance Fonn or the t:quivalenl covering le~::;ee'~ contingent liability, Premises Operations, Completed Operations and Products Liability, Conlraclual Liabflity, and if requested by Lessor. liability arising from explosion, collapse, or undergro11nci property dam<1ge. all with a minimum combined single limit of $2,000,000 each occurrence. ·for Bodily Injury and Property damage Including persona! inj;1ry. b .. Gornprehensive Automobile Uabitity Insurance or Business Auto Policy covering all owned, hired or otherwise operated non·owned vehicles with a minimum combined single lirnH of $2,000,000 each occuuencc: for Bodily Injury and Property Damage. c. Workers Compensation insurance as required !)y law, covering au stales Of operation, and Employers Uablliiy Insurance with a minimum of $1,000,000 each occurrence. Le9sor reserves !he right to change its minimum insurance req\Jirements. Before commencement of any activities on the LeasHd Presmises pursuant to this Surface Lease Agreement, lessee shall furnish LGssor wllh Certificates of lnsur!lllce accGp!able to Lessor confirming compli<lnce herewith and providing that no coverage will be canc(~led or materially changed prior to 30 days advance written notice lo Lessor. Subrogation ag<~inst lessor shaH be waived as respects all of the insuwnce policios set forth above. An Allemate Employer Emlorsement may be substituted for the Additional l11sUred F.ndors(mwnt only with respect to Workers Compensation Insurance and Employer's liabflity Insurance. The Page 9 Of I:; 1<1. Liens. LG<ssee will pay all claims for labor and materials that rnay be furnished on its behalf, and.will defend. indemnily and hold Lessor harmless against a!J liens, encumbrances and cloims fiHH may be filed against the leased Premises and <Ill liabilities. penalties, fines, paytnenls. )lrdgments. damages, losses, costs a(ld expenses (Including, without limitation. attorneys' fees and court costs) incurred and/or paid in conneclion with same. 15. Tilxas. \1\tilhin thirty {30) days after dermmd lron1 Lessor togtOlltler wr!11 supporting documen!alion. Lessee will pay afl taxes thai may b0 assessed directly or indirectly against !he Leasf1d Premises bec<wse of improvements constructed or placed on the leased Premises t)y Lessee and wiH reimburse lessor for any increase in taxes pnid by Lessor tesulting from !he value of such facilities. whether or no! separately assessed, Lessor •.viii oto.erwise pay all taxes assessed against tile Leased Premises based upon the valuation of the Leased Premises as of the date of as$essment The provisions of lllis paragraph will survive termination of !his Surf8C(:) Lease AgteemenL 16. Notices. Any t1otices required or permiUed under this Surface Lease Agreem0nt shall be given ln writing. The notice shall be served either personally or by registered or certified mail with return receipt reqtrested. Service shall be effeclfve when received. All notices hereunder shall be directed to UH! addresses set forth befow or such substitute address or acldresses as provided to the parties at least thirty (30) days in advance of illiy notice. Present addresses to which notices shall be sent in accordance wi!l1 tim provisions of this paragraph are: Lessor: Lessee; Berry Petroleum Company Altn: Corporate Land Manager l gggg Sroadway, Suite 3700 Denver. CO 80202 Facsimfle: 303-999·4401 Enterprise Gt1s Processing, I.LC Attn: Land Manager 1727 North Loop Wost Houston, TX 77008 Fa<:simile: 7'13-803-1349 Pago 11 of 13 obligations contained in this patagmph 22 shall survive termination of this Surface Use Agreement lor a period of six (6) months. The Parties agree thai this Surface Le<1se Agreement will not be recorded in the Gatfield Counly records: however, at the request of either Party. th<; Parties w~l execute for recording purposes a rnerilor;;mdum of surlace lease ttgreement in recordable form evidencing the existence of this Surlaoe Use AgreemMt 24. Entire ,Agreomnnt. Tf1is Surface Lease Agreement represerltS the lui! understanding between tM Parties concerning the matters set forth in this Surface lc:<1se Agreement. IN TESTIMONY Wlii':REOf', the Parties hereto holVt1 executed this Surface Lease Agreement as of the day aml year first written. Lessee: Enterprise Gas Processing. LLC Page 13ot 13 N I" ·" 1000' o_, 10oo· r ? STATE OF COl.()AAr:JO COUNT!' OF GNWII!W J:§!i!."(![D J:h POUND MON!/MffNT o sr;crtON cormrm C<><! i'OIINIJ' MO.'IIJMIW't CJIJNlrtiR COIINI!/( 0 I'NIC/!1, COliNE/? HAD !17, COI.O!l!t{}() C!lNillN. ;"lNE JIA/>IS OF lJIU!lfiiiC.'; GtO IJC " J, HO~MI.b(;; HFNNKF, •. ~'\N ,..\Gl:NT ANO lir·.·~l'L-OVWl ON HtfHAi.F fOH tJ. H. WW~FIN 8. A$f,W·GI!\Tf;1;3, iNC WVOEH (;()NlHACT TO fi!Yi;r!I'I"<J!}f! PROj)kiC!S TQ Sl!I!VEY llii; lEA\\!1 PAHGF.I. $fi0WN ;li,Rli<lll MADE lJtlflEI~ MY Al.llH0\11\IlY, GOMMENCII<G O>IH·1E ffiill-bAY.Qf~'/.:Pffit.r ·2QG'tl, SlJ\11! 'lli!S MtW IS ACORnHCT H!i.PHESt:N'r'ATfON (');. TH~. 'SMD :.~iJfWCY. TliE AHOVE HHIJWN ~.[J\SC PNtc~L BEING r,uaJf.CT TO ANY EASeMENTS, CONOIT\ONS OH Ht;SH~Iti!Oil~\ 'IHAT MAY EXIST ON IIN\l IWrlfiN ·Tt; tIN\'\; WAG F." I' AnCEL Nlli"J\: l63,!i2:f SOtJIIRII 1'/iF.T On '17,5.1ACRHS. ~"' RIFFIN & ASSOCIATES, INC, 1414 fiLK :>r., HOCI< SPHINQS,IW$2901 PROPOSED LEASE PARCEL INTHE!NJ OF'fHESWJ OF Sf!iOTION 83, T5S, R9BW, GARFIELD COUNTY, COl.ORAtJO PREPARED FOR: ENTERPRISE PRODUCTS "-~ .... I i 1.. r i I' 5S 96W ''l ' ·,, ... <! l "j; Portion of road . included in I :~"'"''~! ' \_ '·. ' · .. , l i . ., '·, . . . l :.:1' .: .. · ... ·. ··!:·· 6S 97W! [', · ·i r !- 28 ,, w--"'.·~ · ~.. •I' ~x· 34 6 <:1.11 {;~ .. o~ ~ .,.., ....... ~;> ~ ............. ~ ~~~---~~ (fA\ Mnrtlll1ol1 ()d Company . .l!.:·P.() -=·Piceance Ba.sin_ .... t;;'(M)!!'f:.\~ lv;.tu"fJ:;..·~ fhmc~ 1'.,)\'f.'( MOC Hcrty ~;trdnr;" ~·-. ' .•• -~·-,'.>•<-:0 ...... '..,._,. _,_ ... ~ . .,...~-'"""'-··"~'"---·-···---- . l<-~j!l'\t!;._(.(~lt';~~J-\hl!)!{l!tH: /!1-t,t;'.;)<.liO . r·· :~ .,.·· .. f'''" .. ' ~·. SURFACE LEASE AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGREEMENT, made effective on this li!JJ,aay of July, .2008, by and between Marathon Oil Company, an Ohio corporation, 5555 San Felipe, Houston, Texas 77056, hereinafter called "Lessor", anci Enterprise Gas Processing, LLC, a Delaware limited liability company, 1100 Louisiana, Houston, Texas 77002-4324, hereinafter called "Lessee". The entities' named above may sometimes individually be referred to as "Party" and collec:;tively 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 separ<:jle 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 ofany 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 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. Upori termination of this Surface Lease Agreement, Lessee will return thE! Leased Premises to Lessor in its original or better condition, normal wear and tear excepted. The use, maintenance and restoration of the Leased Premises shall include the removal of top-soil from the Leased Premises separately from other material removed by Lessee in connection with its activities on the Leased Premises, and the replacement of such topsoil during restoration work. Lessee further agrees to insure that th.e Leased Premises shall be left free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on Lessor's lands as the result of activities permitted hereunder shall be disposed of at Lessor's direction. All cuts, fill slopes, pit and topsoil piles and soil piles will be stabilized and revegetated immediately following construction. Land surrounding the L.eased 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. MixtureNarietv Mountain Brome, Bromar Russian Wild Rye, Boziosky Orchardgrass, Paiute Intermediate Wheatgrass, Oahe Regreen 404 Crested Wheatgrass, Hycrest Pubescent Wheatgrass, Luna Pure% 17.35 17.12 16.84 16.45 14.70 7.25 7.14 Lessee shall continue to reseed and cultivate until successfully reestablishing self-sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. Lessee shall spray all areas affected by construction or restoration to control noxious weeds for a period of no less than three growing seasons. 6. Environmental Protection Lessee agrees to provide Lessor a site specific Spill Prevention Control Page 5 of 12 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 Les'sor's discretion. if such default continues for a period of thirty (30) days after LessorhOtifies Lessee in writing of such default and Lessor's intentiorlto terminate this Surface Lease Agremeent, and Lessee has not cured the default within· such thirty (30) day period or has not lmdertaken actions reasonably calculated to cure the default within such period and thereafter p·ursued such actions with reasonable diligence. Thereafter, Lessor will have the right, without further notice or demand, to enterthe 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 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 Lessor'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 Lessee's contingent liability, Premises Operations, Completed Operations and Products Liability, Contractual Liability, and if requested by Lessor, liability arising from explosion, collapse, or underground property damage, all with a minimum combined single limit of $2,000,000 each occurrence, for Bodily Injury alid Property damage including personal injury. b. Comprehensive Automobile Liability Insurance or Business Auto Policy covering all owned, hired or otherwise operated non-owned vehicles with a minimum combined single limit of $2,000,000 each occurrence for Bodily Injury and Property Damage. c. Workers Compensation insurance as required by law, covering all states of operation, and Employers Liability Insurance with a minimum of $1,000,000 each occurrence. Lessor reserves the right to change its minimum insurance requirements. Before commencement of any activities on the Leased Premises pursuant to .this Surface Lease Agreement, Lessee shall furnish Lessor with Policies or . Certificates of Insurance acceptable to Lessor confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Lessor. Subrogation against Lessor shall be waived as respects all of the insurance policies set forth above. An Alternate Employer Endorsement may be substituted for the Additional Insured Endorsement only with respect to Workers Compensation Insurance and Employer's Liability insurance. The insurance required hereunder in no way limits or restricts Lessee's obligations under numbered paragraph 10 above. Further such insurance shall be in no way limited by any limitation expressed in numbered paragraph 10 above, nor any limitation placed on the indemnity therein given as a matter of law. If Lessee employs other contractors or subcontractors to perform any work hereunder, then Lessee agrees to require such contractors and subcontractors to obtain, carry, maintain, and keep in force during the time in which they are engaged in performing any work hereunder, policies of insurance which comply with the requirements as set forth above and to furnish copies thereof to Lessee. Contractors and subcontractors must also obtain waivers of Subrogation from their insurers protecting Lessor. Failure to maintain said insurance, as required herein, shall constitute a material breach and shall be sufficient grounds Page 9 of 12 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 FacsimUe: 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 BJ{HIBI'l' A-1 I 1 LEGAL DESCRiPTiON PROPOSED LEASfi: PARCEL SITUATE JNTlf:l}; Nl/2 OF THE SWl/4 OF SECTION 33 T 5 S, R 96 W, 6'" P.M., GARFIEloD COCNTY, COLORADO IN BERRY PRTROLEUM COMPANY LA:"DS MAY 3, 2008 16044-bi:nTy PROPOS t:o LEASE A pared of land for a Lease Parcel situate in the north half of the southwest quarter of Section 33 in Township 5 South and Range 96 West of the Sixth Principal Meridian in Garlleld County, Colorado and being described as follows: Considering the north line of the south half of said Section 33 as bearing South 88° 19' 05" East and all the bearings contained herein arc referenced tl·om. The tenninus of the said north line being monumented with hrass caps set by the U. S. General Land Ofike survey in 1917. Commencing at the west qua1ter corner of said Section 33: Thence, South 79" 37' 22" East a distanceiif.330.73 feet to the Point Of Beginning; . THENCE, South 88" 19' 05" East a distance of 1430.84 teet; THENCE, South 28° 03' 03" West a distance of211.09 feet; THENCE, South 43° 25' 31" West a distance of 155.78 feet; THENCE, Sotit]130° 42' 49" West a distance of245.12 teet; THENCE; Soiilh 54° 00' 19" West a distance of382.58 feet: THENCE, Soli'th 50° 40' I I" West a distance of 342.74 Jeet, ii·om which the southwest comer of the said Section 33 bears South 30° !7' IT West a distance of 1836.07 teet; THENCE, North 26" 47' 58" West a distance of 538.82 feet; THENCE, North 26° 46' 40" West a distance of2l0.42 feet; THENCE, North 29° 47' 14" West a distance of374.99 feet to Point Of Beginning The above described parcel of land conl·aining 763,522 square feet or 17.53 acres of and is subject to any easements, conditions and/or restrictions th;:lt may exist on or within its lines. SURVEYOR'S STATEMENT REFERENCE DRA\V!NG No. !6044-bcny (EXHIBIT B) EXHIBIT A-2 ~\ ' ~~J.J, ·--+---~1,_--t;--tr;-:: "7~-zF+---H--,-; ( 1--~~~--·+' 1 --::;;;~4~~:;; ++--r-r J_~~~~~~~ I ! Garfield County Assessor/Treasurer Parcel Detail Information Assessorffreasurer Property Search I As.sessgJ_s)ub~t Qutmr I As$.essor Sales Sear:~h Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs I Mill Levy Revenues Detail I Tax Area II Account Number II Parcel Number II 2008 Mill Levy 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 !DENVER, CO 80202 Assessor's Parcel Description (Not to be used as a legal description) ISECT,TWN,RNG:32-5-96 DESC: SEC 29 lsl/2SW, Sl/2SE, SEC 32 Nl/2NE, ISWNE, NW, DESC: Nl/2SW, SESW, SE, !SEC 33 SW BK:0256 PG:0504 jRECPT:751856 RECPT:751853 IRECPT:747980 RECPT:743398 IRECPT:743336 RECPT:743335 IRECPT:741635 RECPT:740786 IRECPT:738784 RECPT:738783 BK:l863 jPG:0987 RECPT:711208 BK:1863 IPG:0984 RECPT:711207 BK:I863 IPG:0981 RECPT:711206 BK:1853 PG:367 IRECPT:709024 BK:0946 PG:0588 IBK:0946 PG:0590 BK:0662 PG:0311 http://www .garcoact.com/ assessor/parcel.asp ?Parce!N 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: 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 io I Buildings: Number of Comm/Ind io 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)j I 2007 II Tax Amount II $154.081 http://www .garcoact.cornl assessor/parcel.asp ?Parce!N umber=213 53 21 00009 2/10/2009 2006 Tax Payment: Second Half ($32.10)1 2006 Tax Payment: First Half ($32.10)1 2006 Tax Amount $64.201 2005 Tax Payment: Whole ($64.32)1 2005 I Tax Amount II $64.321 I 2004 II Tax Payment: Whole II ($72.86)1 I 2004 II Tax Amount I $72.861 I 2003 II Tax Payment: Whole ($78.12)1 I 2003 Tax Amount $78.121 I 2002 Tax Payment: Whole ($74.80)1 I 2002 Tax Amount $74.801 I 2001 Tax Payment: Whole I ($79.80)1 I 2001 II Tax Amount II $79.801 I 2000 II Tax Payment: Whole ($96.28)1 I 2000 II Tax Amount $96.281 I 1999 II Tax Payment: Whole ($74.04)1 I 1999 II Tax Amount $74.041 IQJ2 ofJ:'age Assessor Database Search OJ2tions \ Treasurer Database Search OJ2tions Clerk & Recorder Database Search OJ2tions Garfield County_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://www .garcoact.com/ assessor/parcel.asp ?ParcelN umber=213 53 2100009 2110/2009