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HomeMy WebLinkAbout20121281.tiff RESOLUTION RE: AUTHORIZE CORRECTED OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - E1/2 NE1/4, NW1/4 NE1/4, S1, T7N, R63W WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, Colorado, is the owner of vast acres of mineral lands located in Weld County, Colorado, and WHEREAS, the Department of Purchasing was authorized to solicit bids for lease of a portion of said mineral acres not currently leased, and WHEREAS, on March 14, 2012, the Board accepted the sole bid of Baseline Minerals, Inc., 518 Seventeenth Street, Suite 1050, Denver, Colorado 80202, to lease 160.23 net mineral acres, more or less, described to-wit: E1/2 NE1/4, NW1/4 NE1/4 of Section 1, Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, Baseline Minerals paid $2,300.00 per acre, for a total of $368,529.00, plus the first year's annual rental, in the amount of$160.23, and WHEREAS, the Board has been presented with a Corrected Lease reflecting the correct acreage of 120.23 net mineral acres, more or less, as described above, resulting in a difference of$92,040.00 ($2,300.00 X 40.0 acres + $40.00 rental), and WHEREAS, the Board deems it advisable to approve said Corrected Lease, which shall supersede the terms and conditions of the Lease originally approved on March 14, 2012, and recorded at Reception #3833574, dated March 22, 2012, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Corrected Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Baseline Minerals, Inc., be, and hereby is, approved, with the term to expire on March 14, 2015, and instruction to staff to issue a refund balance in the amount of$92,040.00. BE IT FURTHER RESOLVED that the terms and conditions within the Corrected Lease shall supersede the terms and conditions of the Lease originally approved on March 14, 2012, and recorded at Reception #3833574, dated March 22, 2012 Ong ina.ted S"-. s/, 6e, e e ,s,t(A.< 2012-1281 LE0298 OIL AND GAS LEASE - E1/2 NE1/4, NW1/4 NE1/4, S1, T7N, R63W PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said corrected lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean P Co a Chair Weld County Clerk to the Board f E Lestia‘IA am F. Garcia, o-Tfin BY: Deputy CI k to the Board 1 ayya � 11861 fa, , Y�: it meyer ` EDASTk) a � fir. 1. � e X •®( David E. Long 1 �� out y Attorney A sit d 0 �4 Dougla a emacher Date of signature: I - 6-/a 2012-1281 LE0298 WELD COUNTY LARGE-TRACT OIL AND GAS LEASE (Corrected as to mineral acreage and annual rental amount noted in bold text) Containing 120.23 acres, more or less: Containing 120.23 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 21st day of May, 2012, made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, 1150 O STREET, P.O. BOX 758, GREELEY, CO 80632, hereinafter called Lessor, and: Baseline Minerals, Inc. 518 Seventeenth Street, Suite 1050 Denver, CO 80202 (303) 534-3628 hereinafter called Lessee: WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of$10.00, plus a bonus consideration of$2,300.00 per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $120.23, computed at the rate of $1.00, per mineral acre or fraction thereof per year, and the following consideration: WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them, thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE E1/2 NE1/4, NW1/4 NE1/4 1 7N 63W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 14th day of March, 2015, as primary term, and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall pay to Lessor the sum of One Dollar ($1.00) per acre for the land covered hereby as delayed rental for the term of the extension. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products 1 of 80.00 2012-1281 3847616 Pages:05//2e2/20e2 11:18 RMrk d R coerd�ey�$ Weld Co 1un t yy J, ��C11O�� WW `` 'IT��11�� � WAilfll�1rl.Yyii mi�i ,���� (Revised 1/2012) Large-Tract Oil and Gas Lease Page 2 used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: A. On oil, 20% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. B. On gas, including casing head gas or other gaseous substance, 20% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty (60) days' notice to Lessee, Lessor may take its royalty in kind. With sixty (60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. C. All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. 3847616 Pages: 2 of 8 Ste Steve Mare12 no,l ClerBk anld Recorder, Weed County, CO II 11111Yi4'YIG+f+ l ItAI�Uifiki t1411414h11I11IIII (Revised 1/2011) • Large-Tract Oil and Gas Lease Page 3 D. If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. 3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS - All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamper proof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement, subject to Lessor's approval, is provided. 5. PAYMENTS AND REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check, or money order. Payment having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charged as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any surrender be effective until Lessee shall have made full provision for conservation of the leased products and protection of the surface rights of the leased land. 9. ASSIGNMENTS - A. Lessee, upon payment of a $25.00 fee and prior written consent of Lessor (which shall not be unreasonably withheld), shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. B. If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. 3847616 Pages: 3 of 8 05Z 11:18 Moreno, Clerk aln Steve d Recorder, Weld O County, C ■III IVIIIVIIITIfflitALI lifiLl i,It , co iNii ■I III (Revised 1/2011) Large-Tract Oil and Gas Lease Page 4 C. Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto, and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefore. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. D. Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent (5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day (90 MCF/D). In the event production drops to this amount or less, any overriding royalties which exceed five percent (5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter- drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. 13. POOLING CLAUSE - Lessee may at any time or times pool any part or all of said land or lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COMMUNITIZATION - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Non-producing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefore, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefore, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being 3847616 Pages: 4 of 8 05 .00 eveZ/2012 Moreno,lClerk anldd Recorder$0 Weld County, co ,II� �Y'�i IY711 illgri Y7'f�� � ��IT� �RY IR'i�I11�Y ,�II (Revised 1/2011) Large-Tract Oil and Gas Lease Page 5 produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2.00 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be $240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty (30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. SETTLEMENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6) months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any non-tributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by lessee hereunder. In the event of any such default or failure, Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within forty-five (45) days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within forty-five (45) days after the mailing of such notice, and if Lessee does not 3847616 Pages: 5 of 8 05/22/2012 11:18 AM R Fee:$0.00 Steve `iMoreno,�LClerk and�tReccord�eyrr, �Wye�ld�County, COr, W,{ Ban Ulf IY'i17nin YT Yll1AN CHil7Yiliteliki II! (Revised 1/2011) Large-Tract Oil and Gas Lease Page 6 request a hearing on such notice within forty-five (45) days, this lease will terminate and be canceled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease. The granting of such extension shall be at the sole option of Lessor, according to the following conditions: A. No lease term will be extended for more than six(6) months from the original expiration date. B. That the Lessee shall pay to the Lessor the sum of one-third of the original bonus, with a minimum bonus of Ten Dollars ($10.00) per acre. C. The Lessee must pay to the Lessor the sum of One Dollar($1.00) per acre leased as delayed rental for the term of the extension. D. That the royalty will remain the same. 25. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event of such specific award(s) shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SETTLEMENT paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatsoever. 28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include, but are not limited to, all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 29. DEFINITIONS - A. "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium. B. "Oil and gas" as used herein shall include all substances produced as by-products therewith, including But not limited to sulfur. C. "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the ASSIGNMENTS' paragraph provided. 31. WARRANTY OF TITLE - Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers, nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the lease. 3847616 Pages: 6 of 8 05/22/2012 11:18 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■III IYiri NY d�IYP�?tl+4h�? GI�LG4�I1�4���I�Ih;IH�L 11111 (Revised 1/2011) Large-Tract Oil and Gas Lease Page 7 32. FORCE MAJEURE - Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the reasonable control of such party, including, without limitation: fire, explosion, power failure, flood, earthquake or other act of God; war, revolution, civil commotion, terrorism, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused from such performance (other than any obligation to pay money) on a day-to-day basis to the extent of such interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party's obligations relate to the performance so interfered with). 0547616 22/2012 11:18 Pages: 0 AM R Fee:$0.0 Steve Moreno, Clerk and Recorder. Weld Oountvi CO 1111 tlralr,,l�h' 1,I4aN I CI NRro4l it Ir vii ill (Revised 1/2011) Large-Tract Oil and Gas Lease Page 8 IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the CHAIR, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the office affixed, and Lessee hass sib d this agreement, the day and year first above written. ATTEST: 5�" 1 ' - BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board ��� WELD COUNTY, COLORADO By:/ -"�Jl [��,/'.G� 2 By: (T. \ Deputy Cler o the Board Chair, Board of County Commissas MAY 2 120'° LESSEE: By: I _. . � �..� -- STATE OF (tie-rah ) ogck Theme-S - Preside t ss COUNTY OF 7r\ )1h ) (641' flat-The foregoing instrument was acknowledged before me this day of Fla 1 - , 20 I!� , by jtoi1li ( ) 1l et t 1 fird&dl IL! if &,e 1,,,, kt,A i,fpt.„ Lt _ - Witne my hand and official j seal. i.);)I &tie/l/L Notary Public My Commission Expires: ISTACIE L OWEN SlateNotary of Colorado My Commission Expires August 15, 2014 3847616 Pages: 8 of 8 05/22/2012 11 :18 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder., Weld County, CO ■IMVYihiilrCIi IKLc'LWDLIihYlt4.INii11111 t O/cQ-42c?/ (Revised 1/2011) Esther Gesick From: Bruce Barker Sent: Thursday, May 17, 2012 4:54 PM To: Commissioners; Monica Mika; Don Warden Cc: Esther Gesick Subject: FW: Corrected O&G Lease Attachments: Oil and Gas Lease LE0298.pdf See the attached. Baseline Minerals is asking for a refund of$92,040 of the money they paid in as a bonus, because of a discovered discrepancy in the total number of acres in the lease (should have been 120.23 acres instead of 160.23 acres). The explanation for the discrepancy is in the attached pdf. (Although the map on the Weld County mineral card is hard to see on the pdf, we have confirmed that it does show 120.23.) They are correct in their assertion and I believe the refund is appropriate. (I think the confusion is that this is a correction township, where the predecessor to the BLM called the NE4NE4"Lot 1," which contains 40.06 acres, and the NW4NE4"Lot 2," which contains 40.17 acres—hence the total of 120.23.) I have asked Esther to modify the reso to say that the corrected lease is to supersede the original. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970)356-4000,ext. 4390 Fax: (970) 352-0242 C Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Tuesday, May 08, 2012 4:05 PM To: Bruce Barker Subject: Corrected O&G Lease Bruce, Attached is the Draft Reso,first page of corrected Lease, and supporting documents provided by Baseline to verify the acreage discrepancy(specifically the cover letter and Examiner's Notes on the Ownership Report explain the situation). I will be sending the Corrected Lease document to Baseline for signature this afternoon and anticipate having it back in time to list on the 5/21/12 Agenda. Please let me know if you need anything else. Thank you, Esther E. Gesick 1 RA!FIINF MINFRAI S INI_ 510 SEVENTEENTH STREIT,50111050 WELD COUNTY DENVER,.3120IAX:230 COMMISSIONERS \ PN:303.534.3i2H fAN:303.534.3142 www.haselioewioerals.con 1011 APR 25 A 3 58 April23, 2012 Board of County Commissioners of the County of Weld RECEIVED 1150 O Street P.O. Box 758 Greeley, Colorado 80632 Re: Weld County Oil and Gas Lease Sale on March 14, 2012 Weld County Commissioners, Baseline Minerals, Inc. ("Baseline") recently participated in the March 14, 2012 Weld County Oil and Gas Lease sale. Baseline was the highest bidder on 18 different leases and spent a grand total of Four Million, Eight Hundred and Four Thousand, Six Hundred One and 99/100 Dollars ($4,804,601.99) at the sale. It has come to our attention that the gross and net acreage amount originally represented by Weld County on Lease #8, Map ID #22, covering the E2NE, NWNE of Section 1-7N-63W was incorrect and should be adjusted from 160.23 Gross/Net acres to 120.23 Gross/Net acres. Accordingly, Baseline's original bonus payment was paid on the basis of Two Thousand, Three Hundred Dollars ($2,300) per acre along with the first year annual rental of One Dollar($1.00) per acre on the misrepresented acreage of 160.23 acres (proof of payments enclosed). This resulted in an overpayment on 40 Gross/Net acres which amounts to Ninety-Two Thousand Dollars ($92,000.00) for the upfront bonus portion and Forty Dollars ($40.00) for the first year rental portion. Therefore, Baseline formally requests a refund in the amount of Ninety-Two Thousand, Forty Dollars ($92,040.00). We have also enclosed a report that details the acreage discrepancy with our findings on the matter. Please feel free to call or write us if you have any questions. espec Ely, seph W. Thames, President Ba 'ne 'nerals, Inc. 303-534- 628, Ext. 202 Enclosures: 2 cc: Noble Energy, Inc 1625 Broadway #2200 Denver, CO 80202 r ' OWNERSHIP REPORT DATE: March 22, 2012 PROSPECT: District 15 Infill AFE # 134138 LAST DOC: Rec. # 3833574 DESCRIPTION: Weld County, Colorado Township 7 North, Range 63 West, 6th P.M. Section 1 : Lot 1 (40.06), SE/4NE/4; (also described as E/2NE/4) Section 1 : Lot 2 (40. 17); (also described as NW/4NE/4) GROSS ACRES: 120.23, more or less *** See Note 1 and attachments SURFACE OWNER: Timothy R. Brough, Richard A. Beck, Allen R. Rechnagel in Joint Tenancy 41132 WCR 13 Ft. Collins, CO 80524 OIL AND GAS OWNER INTEREST NET ACRES LEASEHOLD STATUS Weld County, a political subdivision of 100.00000% 120.230000 Lessor: Weld County, a political subdivision o the State of Colorado, acting by and the State of Colorado, acting by and through the Board of County through the Board of County Commissioners of the County of Weld Commissioners of the County of Weld Lessee: Baseline Minerals, Inc. — 100% WI Vesting Deed - Bk. 1024, Pg. 416 Dated: March 14, 2012 Reservation Deed - Bk. 1114, Pg. 263 Term: 3 years Royalty: 20% Expires: March 14, 2015 Recorded: Reception No. 3833574 Description: Township 7 North, Range 63W, 6`h P.l\ Section 1 : E/2NE/4, NW/4NE/4 Containing _ acres, more or less Totals 100.00000% 120.23000 EXAMINER'S NOTES: Note 1 : There is a discrepancy in acreage on the Weld County lease that stems from an error on the Weld County mineral records card The card for the subject lands (copy attached below) purports that the E/2NE/4 is also described as Lots 1 & 2, SE/4NE/4 and contains 120.23 acres, but Lot 2 does not fall within the E/2NE/4 and so the acreage for the E/2NE/4 should only be credited as 80.06 acres. The card also appears to add an additional 40 acre for the NW/4NE/4 (which is Lot 2), and so this acreage was counted twice (first as 40. 17 acres in the total with the E/2NE/4 and then as 40 acres as the NW/4NE/4). The whole description "E/2NE/4, NW/4NE/4" is also described as "Lots 1 & 2, SE/4NE/4". The total acreage for this tract is 120.23 aci (not 160.23 acres) as confirmed by the attached BLM LR2000 Acreage Summary Report and a copy of the survey of the Oil and Gas Ph provided by the BLM. Further, the map provided by Weld County also shows this tract as being shaped as a 120 acre parcel comprised three quarter-quarters. See the attached Weld County Card, LR2000 Acreage summary, BLM OG Plat, and Weld County lease map (as labeled ID 22). CURRENT UNSATISFIED MORTGAGES AFFECTING MINERAL OWNERS: None UNSATISFIED JUDGMENTS OR LIENS: Not checked TAXES: Not Checked OTHER: This report was prepared from a careful examination of the numerical indices of the Heritage Title Company in Greeley, Colorado, anc of the records located in the County Clerk and Recorder's office of Weld County, Colorado. This report is made solely for the benefit c Baseline Minerals, Inc. for the purpose of assisting in a determination of the apparent ownership of the mineral lands involved. The instruments referred to have not been examined to determine their legal sufficiency. No warranty of title is expressed or implied and no liability is assumed by the preparer of this report. Prepared By: Baseline Minerals, Inc. 518 17th Street, Suite 1050 Denver, CO 80202 303-534-3628 Page 1 of 6 7N-63W- 1 E2N E, N W1 LEGAL DESCRIPTION r f j " LEASE NO. , /p r /) *7 tl Cja G R63 T7N N Se C. �y 1 21VEII& I* EXPIRES (` 0 F` ___~\ CERTIFICATE K.:1-otto.L4*,4;4'1411Ett. -- • ,2- ;;;, DEED ASSESSED NUMBER VALUATION NUMBER YEAR _ 45/586 7/1655 1928 621.72/2,„ 40--4) & ctti4 / I-) 1j,, RECORDED BOOK G' PAGE DATE I Sold f Gacc:.) � '�- o' /0 -7 / - - 1024 416 4/12/38 t 1 43- MINERAL ® only PROPERTY t R/L 'i19p 076 r J` DISPOSITION LE02-4 ' r DATE LESSEE - REMARKS PAID TO (DATE ) RECEIPT NO . AMOUNT 1951 Smith and Wickland Orig. Lease �t o � � AQA 4_1-4 - 1952 Superior Oil Co 195.8 • 1968 Rader , RT - LIIR 439 exps 6/19/73 (Lse 548) S II l [ /�� \ 7/ , I • l ,I` �� / / a t Jl / 0rc A2J 1 i )( .Q,Cid i._i I .c r:..vyi�✓1/.-eJ E itJ 1/- / �/ L I• 4,..... , .� 7 /�3t���. 9119177 URANIUM LEASE POWER- RESOURCES EXP 9/ 30/ 87 LHR 339 9 `977 : 001 • S '� /'a.� G.:,2', - : �I ae, "-f%n ��..�/ // 6vai- a eri--d--7.74/, .. 4 , „, e, (7) ,„- C%—/a r a lefie''')"'1,..,71-t Cr'.e7{,4" cal/ C.:-C4::::"St:-Lii et N.,_.A e ilt4-nCoreeere• ' e i.-• ,,..,_,A, %W 7 9 ' / / di P �Il o T r �� yr/c3y _ ../._.../ .... 9. Jf r,.Y ' LOCATION (.` JAN FF-8 MAR APR MAY ii JUN JUL AUG SEP I OCT I NOV DEC R63W T?N Seel E $ -_ .(3O Res) - - I. . ....-.......___._=_-____...,-. ! . . I � - March 14 , 2012 Oil and Gas Lease Oral Auction 19 Weld County tr �••' I '`, �, ' '. :.'n ' tit .r ,, ',kis' 4,-.. Sti , WMUUM®Iiii�i WMW .• �,'C snUnUMM®®U IIIIIIIIIIIIIIIIIIIIIIIIIIIII WUMMUW®®®MIM • i , .. r USUM�IMMUU®®® I MUMWUM® )Iiiiiiiiiiiiiiiiii I�®III®®®®® a : ti . ®®�iii1U®®® d ., ®1®®®®®®® _ . I i I WMMUMUN r,I . �. I S1 T7N R63W JL { f, , ` ' LE0298 -4. �;l .1 Y •. "..t'i i ,_ , r`;, 11..-n ID LEGAL '. i. ,P' .il_ t ";' 21 S1 , T7N, R63W - SW1/4 SE1/4 / y �� r ;:t I 22 Si , T7N, R63W - E1/2 NE1/4, NW1/4 NE1/4 yy (( 4 !l I•• it • I • t:+ ; til. Highway N :. I c.. } `•r Road 5 I • r •tLia ir,` I , ' r , Township / Range • s 'r1 I'I . .I :I Parcel r.l 6 1 inch = 900 feet a r;ii 1 I t , ' fp r 1iiih .f3 / ,r Disclaimer ti .raps• 'tit;-' I _ M ,,{ •••�•-�••- I '5 ' � r. ,n.Poa.0 mt Owl tralsp.a soil,lot rt•.MI.«Wily It it Weed Count'1M CO O.YW...1 1 .l / I rI [. `,,{E ;rl N:v1"i'F. I�iIY t L _ /� - MI►re%ass MMSQMW 81 toaW<eYb ram u.nlh myYY w.MflI . are J ' hlp'.n.a pYY�nM YIN/N.Y.aNIN1y..eW ta1W)wtn lPqutY LIU •F I a bull. UP.O{11PACOICUUItMCt 11141 t.[PA ODUCI la USIO i OAF U✓A Yr • A•A'. ac DEIIDP.P.MPOUES WILD COUP.,YUMEIM1O**ARM i 1ESOMOUMMrc IS .I • :• f .r./. I '. , ,a CCOOICfLII{OI SUCH1111000CT�OIIACC TO frit CEPTi MYIWUTY& IShO/IMU AC CURACT.00 y r _ AM VICO,UECT,'COMM{T1 O IlIKUADAO IMOA1.ATIOh C OhTMLO I , , 14 y,I i��• r _ • MAIN ho psi a IM IMI.ti may a ECp...RPM.41Ml.na vw n bay a.I YI,w, I ` Iran\N•M.•.'I.WI WI AN town Y'lll ` a. .. , - ��-�}}11II� yy - - ---.._ _ .a..n1 et by ley nb'mane* 00 rain.OK pr.. 'w•awed wn.we w .r.. Q� .r nL'13r�i�t •'.�� 1 rte, /�lr �t�1E - �InE an,°munl dYi•Y CmW Page 2 of 6 7N-63W- 1 E2NE, NIA, BUREAU OF LAND MANAGEMENT Page 1 of 1 LLD ACREAGE REPORT Admin State: CO Geo State: CO MTR: 06 0070N 0630W Section: 001 NE NW SW SE NNS .NNSS NNSS NNSS Dina ala Sur Type Sur No Id Stiff EWW EWWE EWWE $WWI Sur Note ag Surf Acreage A - -X - -XX XxxX XXXX 480,000 40.170 L 3 - - - - X - - - - - - - - 40290 L 4 _ _ - - _X- - - _ _ _ - - 40.400 Section 001 Total: 640.920 MTR Total Exluding Survey Notes C/D/R 640.920 and Sub Surf = Y Grand Total Excluding Survey Notes C/D/R 640.920 and Sub Surf = Y: NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM Page 3 of 6 7N-63W- 1 E2NE, NW • HTOWNSHIP 7 NORTH RANGE 63 WEST OF THE 6th PRINCIPAL MERIDIAN, COLORADO WELD COUNTY 143 1 STATUS OF PUBLIC DOMAIN LAND AND MINERAL TITLES I . n OG PLAT • AIMS tall tall' I all .Y.U1Iw.w'I WW1 I Still .WADI)Wh 'I0ISII ell .1.1.1/*II I I4anit eu '.M.M1)M.H'I eV It C., 4 4400T•on - -- j - 1 1 y — 1 _l.. 1 - - ..L .1. 1. - .1- -L a. - 1 ..J_ INOSX TO SC0RC0ATW TRACTS I*11� �r -- .Orin arILL UMW . 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't •rl%Psi : ,tt nI%l' lien dtlr ;:enfl schwas' Mitrltlri ftpl)ts• nix) -prolw rt1' _for t)ttij�,,Par, ;uu) 1.11 : II _ - - - •-- - - �. - . 1tuyi>iig►1fteiilii in bi;� asitl,Irirl-l61ice ptrirtetost ujrnhiiM ' t ',,i.t aunt At _lint I ita ai ',•'. • - R 1Rl rit,`iwkimfl% lnl GA' IItr• Iutit.niaf=/i1411thtlr•'l eul•111the ratt4ri of •F --,wrrciiZ iiiiriiiinttltt•fe;rtJ.t t:r'.t i\ mold th'-;itiif l ifite:411 -,•at ;he rste.•af- '' Or relit. Pi'1• nirulint:iiuciethi ciid rate nr-itiiprrlt.bei ig Ike 10j6i4 tail;r;f:.k1111-ftyet ht• 1. ar'ri•h it lei'r`t!u %'f hili to y thr. &!.!'Tart • int.(rct: :nal lard:: sit taue- igloo as id•tiniipe.kty fullihpl-}1••kr fur $'twt-4) Mil. uwld n(.tlte-sail 'ptile II i-•Minxlu'l'u1U4;1bhyt:fit•!e, iluw.itiittTtwo-ttin.. lr% ".-tillpit') ruti' WA.itdowieW:tolu►n.45_Ihaltitwe; . •- . - - - And.-Whefess. l{ht'.;trl ;.' - _ 'mil 1. l'll Lllt . ;L '. t•: • - • " • - ',•.1, I). 19 ,'4111.4 s virtu t11R un1'titn?;ttu' of-(hr :-u lr' r,i tllii j • i•noitotlr a3 tfnrvtui Iil, milt a11 his rtclet;• ile.s 1`I 1m rC`1 ill wsid p'ap rly, to • - . - - . _ • ,•- -...: :, ....-.;•. , • . • - a! the c...;:Itli r of .. ' . - - soil .State' of. ' ' - - 1, - _ _ . Audi:Whereas, fL<• said _ . - - ' . . ;r.. - .lid, not its.; • _ dal :if - • . - .•_ A. D. IQ_-- '• . ,".holy...n.4:11(, IMIr c¢irdlieitle sit.(Ile stilt of dip - Ii•n•14 .1.% % at4•!PC1:.t. 'l!:,1 :l' l•NtiSla'.'. -.4. dill rn••test•141 4.4141 j.rtiphrtt: to ' - _ . - -t - . - - I ' •,. do; c .imt .of.'- -.- '- - test--- : t►il,l Slide ter..-•..- ::. , " '::,:;;: - 'Anti Whereas,' t-tIa.-kale Li•!.c1.1 'w+fotoO.ti4 by I kr irretl•nersr, sin hidti ivitet.tfrrtsl tit in4iin,l►y siltj•jtt•rriill'otf:!,!Belli it,f ilfi a.ul litopt't t s•..1 , ----,stir no tv- tat: et. pees.ms lar tigiJll't-ta-.1 bi-tctf i4.4`1t24lairs. intlate;t•:ind brill liti•tu• tk'nhl•prept'ily' ferr•tl►-t -Yenr'fnhve'rni rift!! Illttlialtll 7 ttn' uir:. i `▪ :h nitt;;,p1 'siteh'itc1 prnperty t•sair '.:: th, ;sate.;rifet itielkir j1•tit Ilin tx•Airgiut i. i 1nr$Rle•ties enixt ante :!niid a swh Miele:e sing r ity.aftutiil•inlr)• _• h►it1 teat rft.asutnr hna•iva'e nu• intkriu itlia ti. 'aft:;:t lid ltfol gat}• reek'! 1i': inset.irrntafose.tllo HAW rr•t_larri •opus,'Lv•tlereiltrti.'J-rrseiir?I..of the- i ',•= xuN1 t'Vttttty, 31,14(4C-off t o.'he u1 t l.tllttF.•liCsi'tt ••hritrrlailta of ki na 'thrl\ lean aI (h.'w•fnr In the slid Count iii fjrr4fij;iare•Wit)i=ilw..ittutidO ilk ! • pc.:•..ili tl q«_+i`'Iflr►ilt`4\1111 irlrrnitil ;:a • • -- ,r- .•:; Andayitietylras;'fhitilia: --. _ •`• _ -:.('r4tlrt•r:;tr.!ittt 1n :;rnt thrrttnirJD! f!itn,tv 'I'tryisut(•r: (_'anti in Prnslnrii•iity with thy-_ 0 -• - - .•fist!-t'.7'the 114.4i1 'o ('O t,tr :(`oatd►i� ;tioe"- .i C sad hrist •. Clitly untried of rvt- :(1 •:ii tltoe ' - ' dot- 8-1 - - ! t .. - .t' I I.-tti '. , the' suitJsy 1;er-'4.4 the.fi-sg.nt;.. re nlar'4-ssiun 'if the Itt gird'af t '-tu11117 eru,fltiiisunurtx t f thud t n55n vi.-du 4ol • :is itu`11w ' i••,'- ‘1,%‘%' yt,'ofcti.tlilt'1v8 �:itr•tat,ct,4+ xt.•Mattiii (amait :`isins-.anrt •I% it'irilrbt';. titleand1, titriatiiyr4iii►, pl..itr•rt.vtitI_iI.. t ••filer ..f •millhell• - - _ tt:: . . . - (if the Comity of - - - - • _ - - itud State of- liar''het tutu elf _ - - -• - i billion- ,- :r.- _ - Ct t s_ ' - . IApd, Wheresa,-T1it::cxid . - - - !Lys iotit'rut..'ciii.gut_tn es sit,' t:,l-lti::rrtr e.+ the rutoaet of . . -- - -; . : lioness•• Sod, Ahern,,, More titit► -arrt rent:irate i'talw•il:a:t4v4 Iki. elate iif flit. sli,l 5•dt' keel the timid jirnpertlt -,- rog Orel Ia-e'n rrilrv'line,l.lhrr•frl►lu-i -• 1 I.!t•vide-1 lilt l:,tl -. • . - - '- - - . - - - - - - - Atul,;H'here us, -I:luva..tt2-;►n'is'ei i'a.v Note- ••• that tit,• fist-i r►sr.:11 a -oin ..1 'L.«'iiftttr•rlitt. aunt Pitiful.eii •Ir.Iiare: . - ' -Aa3.•Wherea s, •i%U ll:::,'.t i'i' t•4 .i t!' - :i;rtlttcs prt•gn using pnrr-f•iptiwitt:-. I . ••1•i:.mint_• 'Ng( *brit: hut F.-Pita folly-tom tl with, mad we fire - rt-vor.i. MO rll\a.itt tl.e•:41i a`..f '!. •'ftii i-tt. '1Tt'S.'i9rw'rof said f'.ktn'Y; - - • - a Now;r,'hareflu*, t-' - -:izirc e i ',• ' '2 t E:'-r •' - - - .•rretiautt•r iii I lea ('•loin nktngt.►ll` alit►1l•iynalte.r 1iWtd'fVlir Wt.: to:_tt' 'Cra:>:Ir+rr•t'aut as nion•s:riil. tine! by virtua•t'1 fjip'nlsttule- ill .uti•1t t;tiG-tau.leg nmil prntutt'tl. have grants II. -'• .fl ti hl'nlul'a?hi. %itt!-lr, lilt :In ::i't:r rt.: :',1•l,.hlrg,.its aui) aril.tit• nluire and i'riir.lit1R eli'itiil•it.1.ti•u1 ietuui• gale, i�i" t'aitl -r• ;te1<#:.Cotll:t::, eel s'-jt18 ] -Municipal Cie y h'a Lion-, let's auiccr:Isere; . his hoiksowl :4441 ?t:.4. . - . tarr.'rr, Stt• .r� to all the riilili of tr:Ientpfinu_ley rsitinrs: Berrien trrur.anh s.r.1411,i0k, provided by Ina%— - •. In Witness Whereof,_I.•• ' }iarvey . .tt:i Ewer, ' O1ttala1 •_ ; - -t'tti,•itrta•a• afore-ail!, IT vo1,4• •.i tlr.• 'tilth,ntit afar(•ia.id, jut vr irr•r••ilnly,r:•u lily limit: Intl •.•;.l•tki•. • 8t.h- goal tiA s ' . :-ret1 • - -ti. !). ill at;. a •• . , .r -•r • �.. - .. _ _ - - :� p.'C..: ' irk xf�rt -• _ l- t'rri• `u,'-.4..116$= »14,10L $0. . ' i- -_ . ,T:.�c Sate ltr•h.rrl. I ire:unln•I ri ' ii.i r • '.�:riL#;atu•tit ae• %u table with fst.' uintl�, <'i•{itr:aiu. • n "'n'usatitt i.►t peatYttheiiitni•b-ti�lecn ii;e' ,ripen',iul t-nt_}•.aloe, a.t.n111114Irlaltllt'nilvt'rtitrari n'iNlaif i'ttil (or_ on or t'cfari- s ww nrn.utl M ..uu. ay atf . t)o•emt.rr'iit any year_- - '$ce Fit. f acPaitu►n-Ieaws of ?oho:nl 1tr'e'e i . - c- .. -t ti:.m-,:r f'.'-- `.'S.T.-ri�_ _ __t1t • . _ .-:.+.. t .r�L -- ..- _-__ - . w'w - • -•r.. •.'1."r rarer,. tr = . - STILTS OF COI.OB S.: .• : . - - - I. - . tbnat�'ot ' . ..• Yee ld :--- - •. - • - . ' . • r -- The foregoing ittitruateut was iarlauowtetlitetl licinm nu. tlkl> . . real_ chili of- . . t• •.. - 16rve • E• _ . - W1t_wer -. r .. : Npri] : ' i4 ►' y Ii : .y as.C.;unl) Tit•�surrr in and_for.the Couuty'W—• - -Weld -_•in the Stead nf.('t1otaa4o.. I firs • '°q''°q'!!Qlt • • - Ij _ • , Well qty.halal alai otheist ieal'tliin t _ 1 - - 12th r . dtcyvt- hu3'11yi. = � a • il •St y. . ✓ �L r' v £. •wi{.�f.C 4e-• , C.1erk• of the-. Vetr o Court ` .+i '"': 11 ► -- ,c} .,:..; _: _� . . �1l� 1t �.Go ty ' C4lrado : _ i ' '_ 3 - - -- - - ter• 'r '-- ' - Page 5 of 6 • 7N-63W-1 E2NE, NW 4 I Y ;444.4. 'L.:.: .staid '�-`tire,.:re.:ist..(iwl'n.r.a'oWS u.ea*,-..k .%••••....--,. ..as ..it.,,,,,f,.,.._ , , _ +r yT..- .....-.�.'titDtti>tD >Rtt1� COII>!I'TYiyy�� • ,,. i rr-� `sof 1 �L'__I r ' . ��..•r...►i •.If.��VM1r�oT c ' . , Sn 5 I `• �' ` �_f'..i :K ,,' a,k4�"S,tp*'-t, _7..,,•xt 1/1 - r • '. F -1- !",r=i-r4- lrr i -'• r7�+."1 -.- p .' .r ,t r• •k•'/�v- " 7�- � •r Mini Au y i , iii t i " t� u i!• . �i •.. j^ ^j{?y 's �• .,r d_ P -f . (`r11' ti—•i r . .y ,. v' . 4 ,t t'r -"ft 1 a • l ., 411S. gyp•a lawfully .coostf of . .county of the Staff *""olorado, aad t� , ` a✓ ' r ,� i L t �• � ` L�� f at Page 4941.ti worth of the Cotner Clerk sad Reco der 'a, C ' t •r ,r ..' f. , AND WHEREAS County the if::l •f. * r..r 7� v3✓ 'k,, I,s>IL y • }S4.5 by law, and did a.; R : ' : sage notice sale at pub�le�auctioe o� •ttiell ' ' aY� , : �` " t• • x • tt;�a r n - -- L mac• r. *4 4 , '' :r r3q. !,S . ac." i..J,.;t�. ;t r S!1- The recjny _noon tcc ,` atrca t - if 1 . 3, the first notice advertised not ger �/��/�� �7����� more than thirty days nor Iuei.� i� } _ 11. • .`' '�second no is ad nubs d not t� fift� days nm 1eo tlielt lilt rg t '' :ilk it -r^ _S "' 1 r a t-sin a public pace in the County C m n xaze fit arl thidk t i rd' R ! ti r' offer such real estate for sale at public auction p, Si '.r` i �`�` ` ;r.?w 1 §+ " 1„` _c. i�t, (at the One and place as stated in said advtrtbr nati e,) . �• "i e .. 3 s: '+r tie/ AND WHEREAS, e.rA 7r no ` r't 17s ti state of _ aQ QrC tt0 .. _ , bid for said property the gas of t d iun a.. tncy _ ..... DOLLARS and _ ..no _ CENTS, wllc` bid b blabs and best bid for ash is bend (and being more than one-third of the latest appraisal of •the fall atib Mudo by the Comity *saSor of said property) was accepted by the Board of County Commissioners of the said County of Weld, AND WHEREAS, the said -_ F P.L,y..j.Qhnor. .._ __.... .... _ .. ...... .. has paid the sum of Three i ter' ' r'e inn t,r _ ._ .._._ _ .. -- _ DOLLARS and — 2'.p __ CENTS in full payment of said bid for said property NOW THEREFORE, Weld County, by 7--al t _ to WC '•.. its Commissioner appointed to execute this deed being the same person as .?aizultt_L._GS „"_u , the duly qualified Mei," County Treasurer of Weld County, acting upon the direction of the Board of County Conn hidoners of Weld County and as ) County'Treasurer, in executing this deed, for and in consideration of the sum of rarer: ,1?tir_d?rtd 'I''re- t: DOLLARS and -'n _..CENTS, paid as aforesaid, and by virtue of the statutes in such case made and , provided, by these presents does grant, bargain and sell the following described real estate, to-wit: r • • ( ..e •!Ci , - i, F , ` f 1 , Tylli. _ . 12' 7 Nortyi , 7nnee 53 . est♦ • except re=ervations in favor of the Union Pacific Railroad Company and except reservations in the United States patent and reserving existing reservoir sites and existing rights of way for roads and irrigation ditches and subject to existing leases: and reserving therefrom, to grantor, the oil, gas or other minerals therein. situate, lying and being in the County of Weld. State of Colorado, unto the said • (her) =Ms heirs and assigns, without any covenants of warranty whatsoever and subject to all the rights of redemption . by minors, insane persons or idiots as provided by law. I This deed is made pursuant to resolution of the Board of County Commissioners of Weld County, Colorado, duly made and entered of record in its proceedings the day of .._...�::_ :.............._._...._ A. D., 19 , appointing ::....... "• _ Commissioner aforesaid, to execute this deed in behalf of Weld County, ' and to affix the seal of Vliele County. Colorado, conveying said real estate to second party hereto. IN WITNESS WHEREOF, I. r•' • :..: .__:�::. II_.._ _..._ , Commi-sioner appointed to execute this deed, on behalf of said County and by virtue of the authority contained in the order made by said Board of ounty �U � . iii .. Commissioners on the :i%•'.1....___.._ day of - �: ' _ Sve ;.ci • ��. •• ` i ': hereunto set my hand and affixed the seal of said Cam "-•. j ''r J it f -i ;. : •,r - - -� ,.a . :11 f.aj° +> .-k\• ''[j �l�jj��,�� - , 19�'- , to[ the � , -� ,.BRAT. ' if 4 � r j ;: , ' .• t �{.. G L�' C . . ., �vU Its Comneissio��to :.,. '.. � : . . j. ►- U ft as f Deputy) County Tre/at*,'' c e 11 sitSTATE OF COLORADO. cs , I j� • 1' , , " -� , Cif ,lijty Or WELD }' i.f; ' 1' , %\ 'Diegoi'H 'r.sera nt was acknowledged before me this _�yQ day of . Qch4r4eiW , A D 19W Eby 6 :_,ett . -a-sci , Commissioner appointed to execute this deed a i , . WITNESS my Hand and Official al /) - I-L.Lt$.Di...DISIkir i t.it!nl '•'i ' t, t Y . t }IOW ' ajnti, CNrva y f e iaty Path,. . . • Page 6 of 6 7N-63W- 1 E?NE, NW S. tv, 861 s 1 T I A r ; Date: March 14, 2012 ■ m�r Receipt # [86344] VT I1 ' '::. G0 +LP, _ It& Weld County Government JOB: Oil and Gas Lease Auction - TO: BASELINE MINERALS, INC. Clerk to the Board 3/14/2012 518 17TH STREET, SUITE 1050 1150 O Street DENVER CO 80202 P.O. Box 758 Greeley CO 80632 970-336-7215 X4226 Fax 970-352-0242 CHECK # • DESCRIPTION UNIT PRICE LINE TOTAL Cash Filing Fee (X18) 180.00 180.00 5334502867 Bonus Amount (NW4NE4, S8, T9N, R59W) 92,000.00 92,000.00 5334502868 Bonus Amount (E2, S2, T8N, R60W) 750,651.00 750,651.00 5334502869 Bonus Amount (SW4SE4, Si, T7N, R63W) 92,000.00 92,000.00 5334502870 Bonus Amount (E2NE4, NW4NE4, Si, T7N, R63W) 368,529.00 368,529.00 5334502871 Bonus Amount (LOT 4, SW4NW4, S4, T8N, R59W) 195,661.00 195,661.00 5334502872 Bonus Amount (W2SW4, S35, T9N, R59W) 122,659.00 122,659.00 5334502873 Bonus Amount (NW4, S13, T7N, R63W) 368,000.00 368,000.00 5334502874 Bonus Amount (W2, 523, T8N, R63W) 129,600.00 129,600.00 5334502875 Bonus Amount (SW4, 525, T9N, R59W) 368,000.00 368,000.00 5334502876 Bonus Amount (NW4, S35, T8N, R63W) 368,000.00 368,000.00 5334502877 Bonus Amount (SW4, S24, T7N, R63W) 368,000.00 368,000.00 5334502878 Bonus Amount (S2NE4, 534, T9N, R59W) 122,659.00 122,659.00 5334502879 Bonus Amount (SE4, 525, T8N, R63W) 368,000.00 368,000.00 5334502880 Bonus Amount (NE4, S13, T7N, R63W) 368,000.00 368,000.00 5334502881 Bonus Amount (SW4, S25, T8N, R63W) 64,800.00 64,800.00 5334502882 Bonus Amount (SE4, S34, T9N, R59W) 245,318.00 - 245,318.00 5334502883 Bonus Amount (SW4, S35, T8N, R63W) 368,000.00 368,000.00 5334502884 Bonus Amount (NW4, S25, T8N, R60W) 32,400.00 32,400.00 Check #30582 - Additional from Auction and 1st Year Rentals Paid 12,144.99 12,144.99 Subtotal $4,804,962.99 To t a I $4,804,962.99 • Make all checks payable to: Weld County Government Attention: Clerk to the Board THANK YOU FOR YOUR BUSINESS! 0O o, r? N M o, 0 w O N CO w N - Q F 00 eNi 0 0 ~ CT to O D w O Iln Z z - 1 ¢ H \ o M w en Z M U 1 .) di 0 `� I H o a z ° Q a CID i- .-- 0 O z CJ z 3 W z Z I Z v Ho 0 Z Cl) 0 CO CC 3 x �, W w 1/49 — > 0 Z 2 w v 0 Q Q o z V H O Z H U H o r- W 'Cr) Q z x of w rr, up o �, O c0 jg x O o N. Q Q W g W �i F- = x Q' z s 2 COF= W O a o c d `g x en w xx M No F Q Ktr, N w` CZ . . o z w • .� Cl) o c Q OIP w z J U cc >- H 0 1 1 8. 3 a.. a_ H O J � � _ �r ni ybi t 77T r ■ .. mr-s-i r,«r3..:UT • 305 • BASELINE MINERALS, INC. TTZ3bank. AIIo(I lservingyou` . • • • f^; j �j 518 17TH STREET, SUITE 1050 J .. DENVER, CO 80202 23-2-1020 (303) 534-3628 • _ . F THE .Gv �! ,. t� HisiT*51—‘,! o ni ai r g 6 i vy),.,- , ilk t�[� i PAYER i $ 11 1 o ORDER OF - l' d a • Pot,.., 4h /co OLLi / jt, ' .&nd . -)e . -0.' Aciti k i G/ . ..� 2ct�l Fir ., renhk. f°f lase nos, 1, 21 .r - ' MEMO AUTHORIZED SGNP,n3RF Ej j r/, 1z, l3, Iy `, IJ j � 20 ZI Z3, z% zc t .. • WELD COUNTY LARGE-TRACT OIL AND GAS LEASE Containing 160.23 acres, more or less: Containing 160.23 net mineral acres, more or less: THIS LEASE AGREEMENT, dated this 14th day of March, 2012, made and entered into by and between WELD COUNTY, COLORADO, a political subdivision of the STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, for its respective interests, c/o BOARD OF COUNTY COMMISSIONERS, 1150 O STREET, P.O. BOX 758, GREELEY, CO 80632, hereinafter called Lessor, and : BASELINE MINERALS, INC 516 SEVENTEENTH STREET, SUITE 1050 hereinafter called Lessee: DENVER, CO 80202 (303) 534-3628 WITNESSETH WHEREAS, said Lessee has applied to Lessor for an oil and gas lease covering the land herein described, and has paid a filing fee in the amount of $10.00, plus a bonus consideration of $ 2 , tjtj . ou per mineral acre, fixed by Lessor as an additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $ 160.23 , computed at the rate of $1 .00, per mineral acre or fraction thereof per year, and the following consideration: WHEREAS, all the requirements relative to said application have been duly complied with and said application has been approved and allowed by Lessor; THEREFORE, in consideration of the agreements herein, on the part of Lessee to be paid, kept and performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of and production of oil and gas, or either of them , thereon and therefrom with the right to own all oil and gas so produced and saved therefrom and not reserved as royalty by Lessor under the terms of this lease, together with rights-of-way, easements and servitudes for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such product, and housing and boarding employees, and any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the following described land situated in the County of Weld, State of Colorado, and more particularly described as follows: DESCRIPTION OF LAND SECTION TOWNSHIP RANGE E1 /2 NE1/4, NW1 /4 NE1 /4 1 7N 63W TO HAVE AND TO HOLD said land, and all the rights and privileges granted hereunder to Lessee until the hour of twelve o'clock noon on the 14th day of March, 2015, as primary term , and so long thereafter as oil and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a greater period than sixty consecutive days unless an extension in writing is granted by Lessor; provided that such drilling or reworking operations are commenced during said primary term or any extension thereof or while this lease is in force by reason of production of oil and gas or either of them , or that such reworking is commenced within sixty days upon cessation of production for the purpose of re-establishing the same, and provided further that such production is M:\CTB\AGPENDING12012\Lease_01-07-63-E2NE4NW4NE4.doc (Revised 1/2012) ,?01,,2 - 4076-5 Pt oc;OF, 3833574 Pages : 1 of 9 03/22/2012 11 : 27 AM R Fee : $0 . 00 Ste'1e Moreno Clerk and Recorder Weld County CO ■I11 ��r t� �c�t,���t������ti��� ���.� � � !I � ��� ��c����,� B II I Large-Tract Oil and Gas Lease Page 2 commenced during such primary term or any extension thereof, or while this lease is in force by reason of such drilling or reworking operations or other production. EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such exploration does not interfere with rights granted herein. In consideration of the premises, the parties covenant and agree as follows: 1. RENTAL - If this lease is extended for an additional term as provided for in the EXTENSION paragraph hereof, Lessee shall pay to Lessor the sum of One Dollar($1.00)per acre for the land covered hereby as delayed rental for the term of the extension. Rentals set at the time of established production shall be paid during the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no refund of unused rental. 2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee shall pay to Lessor as royalty, in addition to the rentals provided, but except for products used on the leased land, unavoidably lost or flared on the leased land, with approval of Lessor, the following: A. On oil, 20% of the oil produced and saved from the leased land. At the option of Lessor, and with sixty(60)days' notice to Lessee, Lessor may take its royalty oil in kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such case be required to provide free tankage for any such oil for a longer period than one month after the same is run into tanks. With sixty (60) days' notice to Lessee, Lessor may cease taking oil royalty in kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at the well which shall not be deemed to be less than the price actually paid to Lessee at the well by the purchaser thereof; and in no event shall the royalties be based upon a market value at the well less than the posted price in the field for such oil, or in the absence of a posted price in the field for such oil, upon a market value at the well less than the prevailing price received by other producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or storage tanks. B. On gas, including casing head gas or other gaseous substance, 20% of the fair market value at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale of gas shall be furnished to Lessor. Where gas is sold under contract that has been approved by Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be the price at which such gas is sold under such contract. No approval by Lessor of the terms of any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any way. At the option of Lessor, and with sixty(60)days' notice to Lessee, Lessor may take its royalty in kind. With sixty(60) days' notice to Lessee, Lessor may cease taking gas royalty in kind. C. All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall not directly or indirectly reduce the royalty payments to Lessor. Except that marketing costs for Lessor's in-kind royalty shall be borne by Lessor. M:\CTB W GPE ND ING\2012\Lease_01-07-63-E2 NE4N W4NE4.doe 7 (Revised 11//2011) O(O/O2 'c' /Q5 3833574 Pages: 2 of 9 03/22/2012 11:27 RR R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO /III hY pIIIIIO?tiDthii.VVIRr4ILlili 'i NN 11 III Large-Tract Oil and Gas Lease Page 3 D. If Lessor owns a lesser interest in the oil and gas deposits of the above-described land than the entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid to Lessor only in the portion which its interest bears to the whole and undivided fee, but no refund of any bonus consideration shall be made by Lessor hereunder. 3. RECORDS- Lessee agrees to keep and to have in possession complete and accurate books and records showing the production and disposition of any and all substances produced on the leased land and to permit Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than five years. 4. MEASUREMENTS -All production shall be accurately measured using standards established by the American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall be tamper proof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual and accurate measurements within API standards unless a different means of measurement,subject to Lessor's approval, is provided. 5. PAYMENTS AND REPORTS - All payments and reports due hereunder shall be made on or before the day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of the primary term hereof. Oil royalty payments and supporting documents shall be submitted prior to the last day of the month following each month's sale of production, and gas royalty payments and supporting documents shall be submitted prior to the last day of the second month following each month's sale of production. All payments shall be made by cash, check, certified check, or money order. Payment having restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty for a late payment shall be charged as set forth in the PENALTIES paragraph herein. 6. PENALTIES - A penalty shall be imposed for, but not limited to late payments, improper payments, operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties shall be determined by Lessor unless otherwise provided for by law and may be in the form of, but not limited to, interest, fees, fines, and/or lease cancellation. A penalty schedule shall be prepared by Lessor and shall become effective immediately after public notice. Said schedule may be changed from time to time after public notice. 7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws, rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of lands and minerals owned by the County of Weld, and to laws, rules and regulations governing oil and gas operations in Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned schedule or shall, at the option of Lessor, result in default as provided hereinafter. 8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein, surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from further obligations or liability hereunder with respect to the land so surrendered; provided that this surrender clause and the option herein reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any of its terms expressed or implied. In no case shall any surrender be effective until Lessee shall M:1CTB W GPE N DI NG12o121Lease_01-0783-E2 NE4N W 4NE4.doc (Revised 1/2011) 3833574 Pages: 3 of 9 03/22/2012 11 :27 AM R FSteve Moreno Clerk and ee:§0.00 d County CO ����Ifi1P�Ild+lrV'W4 'IS, drlry�r�4r1�7 Willi II III Large-Tract Oil and Gas Lease Page 4 have made full provision for conservation of the leased products and protection of the surface rights of the leased land. 9. ASSIGNMENTS- A. Lessee, upon payment of a $25.00 fee and prior written consent of Lessor (which shall not be unreasonably withheld), shall have the right to assign the entire leasehold interest of said Lessee in all or part of the land covered hereby. Prior to written approval by Lessor of assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms and conditions herein. An assignment shall not extend the term of this lease. B. If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be issued to the assignee covering the assigned land, containing the same terms and conditions as this lease, and limited as to term as this lease is limited, and the assignor shall be released and discharged from all further obligations and liabilities as to that portion so assigned. C. Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said interests will not be recognized or approved by Lessor, and the effect of any such assignments will be strictly and only between the parties thereto,and outside the terms of this lease: and no dispute between parties to any such assignment shall operate to relieve Lessee from performance of any terms or conditions hereof or to postpone the time therefore. Lessor shall at all times be entitled to look solely to Lessee or his assignee shown on its books as being the sole owner hereof, and for the sending of all notices required by this lease and for the performance of all terms and conditions hereof. D. Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting this lease should be filed with the Lessor. 10. OVERRIDING ROYALTY - Any and all reservations or assignments or overriding royalties shall be subject to approval by Lessor. The total of said overriding royalties shall not exceed five percent(5%), including any overriding royalty previously provided for unless production exceeds a monthly average of fifteen (15) barrels per day or ninety thousand cubic feet of gas per day(90 MCF/D). In the event production drops to this amount or less, any overriding royalties which exceed five percent(5%) may be suspended. Lessor's approval of a reservation or assignment of an overriding royalty shall not bind Lessor for payment of said overriding royalty and shall not relieve Lessee of any of its obligations for payment of royalties to Lessor as provided by ROYALTY paragraphs herein. 11. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on adjoining lands not owned by Lessor, when such drainage is not compensated for by counter- drainage. It shall be presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless Lessee demonstrates to Lessor's satisfaction, by engineering, geological, or other data, that production from such offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any such undeveloped acreage as designated by Lessor. 12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic development of the field in which the leased land lies. M:\CTBV+GPENDING\20121Lease_01-07-63-E2NE4NW 4NE4.doc (Revised 1/2011) 3833574 Pages: 4 of 9 03/22/2012 11:27 All R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO VIII Ki iY�II Gil'11�71'��4�4 LNd(rt+�Lt44r1�+�II' IN 11111 Large-Tract Oil and Gas Lease Page 5 13. POOLING CLAUSE-Lessee may at any time or times pool any part or all of said land or lease or any stratum or strata with other lands and leases, stratum or strata, in the same field so as to constitute a spacing unit to facilitate an orderly or uniform well-spacing pattern or to comply with any order, rule, or regulation of the State or Federal regulatory or conservation agency having jurisdiction. Such pooling shall be accomplished or terminated by filing of record a declaration of pooling, or declaration of termination of pooling, and by mailing or tendering a copy to Lessor, or to the depository bank. Drilling or reworking operations upon or production from any part of such spacing unit shall be considered for all purposes of this lease as operations or productions from this lease. Lessee shall allocate to this lease the proportionate share of production which the acreage in this lease included in any such spacing unit bears to the total acreage in said spacing unit. 14. UNITIZATION - COMMUNITIZATION - In the event Lessor permits the land herein leased to be included within a communitization or unitization agreement, the terms of this lease may be deemed to be modified to conform to such agreement. When only a portion of the land under this lease is committed by an agreement, Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion remaining in the unit shall be deemed to be modified to conform to such agreement. Non-producing leases shall terminate on the first anniversary date of the lease following the termination date of the unit or part thereof modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the lease. 15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders, operate and produce all wells upon the leased land so long as the same are capable of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate of production of wells on adjoining lands within the same field and within the limits of good engineering practice, except for such times as there exist neither market nor storage therefore, and except for such limitations on or suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site security on all producing properties. 16. SHUT-IN WELLS - If Lessee shall complete a well on the leased land productive of gas and Lessee is unable to produce such gas due to a lack of suitable market therefore, Lessor may grant Lessee suspension of his obligations to produce hereunder until a suitable market for such gas can be found, and during any such suspension period, it shall be deemed that gas is being produced hereunder in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to $2.00 per acre of the lease per annum in addition to the annual rental. The minimum amount of such shut-in royalty payment shall be$240. Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be five years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further extensions shall be at the sole option of Lessor. 17. OPERATIONS - No exploration, drilling or production operation, including permanent installations, shall be within 200 feet of any existing building or other improvement, including water well or reservoir,without the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled hereunder, showing by name or description the formations passed through, the depth at which each formation was reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled. Lessee, within thirty(30) days after the completion or abandonment of any well drilled hereunder, shall file in the office of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log of the well when such logs, or either of them,are run; and also a copy M:\CTIRAGPENDING\20121Lease_01-07-63-E2NE4NW4NE4.doc (Revised 1/2011) 00 74 083225 2012 11 279mm R Fee.$0.e Steve Moreno. Clerk and Recorder, Welld county. ounlY C� Large-Tract OH and Gas Lease Page 6 of all drill stem test results, core records and analyses, record of perforations and initial production tests, if any. If any of the information required by this paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado, the requirements of this paragraph for such information may be satisfied by such filing with said Commission, except for copies of the reports as are required by the following paragraph, and provided that all such information is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public inspection under Colorado law. Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to protect the fresh water wells of the area. 18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of intent to plug and abandon. 19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops, water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the life of production of any well. 20. SETTLEMENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land, other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or fixtures left on this land for a period of more than six (6)months after the expiration hereof, shall automatically become the property of Lessor. 21. OTHER DISCOVERY- Should Lessee discover any valuable products other than oil and gas, on or within the leased land, Lessee shall within seven (7) days report such discovery to Lessor, in which event Lessee and Lessor may negotiate a provision for production of such discovery. 22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration, drilling, or establishing water wells without the written permission of the surface owner. If Lessor is the surface owner, said permission shall not be unreasonably withheld. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land, any such adjudication or application shall be in the name of Lessor if Lessor is the surface owner. The same shall apply to any non-tributary water rights established on the leased land which may be put to beneficial use off said land. 23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof including but not limited to the failure to comply with laws, rules and regulations governing Colorado oil and gas operations, Lessor is hereby authorized upon notice and hearing, as hereinafter provided, to cancel this lease as to all of the leased land so claimed or possessed by lessee hereunder. In the event of any such default or failure. Lessor shall, before making any such cancellation, send to Lessee by certified mail, to the post office address of said lessee as shown by the records of Lessor, a notice of intention to cancel for such failure or default, specifying the same, stating that if within forty-five (45)days from the date of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such failure or default is not corrected within forty-five(45)days after the mailing of such notice,and if Lessee does not • M:\CTEMGPENDING\20121Lease_01-07-63-E2NE4NW4NE4.doc (Revised 1!2011) 3833574 Pages: 6 of 9 03e e2 Ro0eno 1Clerlk and Recoeder$,0.eled County, CO Large-Tract Oil and Gas Lease Page 7 request a hearing on such notice within forty-five (45) days, this lease will terminate and be canceled by operation of this paragraph without further action by Lessor, or further notice to Lessee. 24. EXTENSION - If Lessee fails to make discovery of oil and gas, or either of them, in paying quantities during the primary term hereof, or during drilling operations commenced during the primary term hereof, Lessee may make written application to Lessor for an extension of this lease. The granting of such extension shall be at the sole option of Lessor, according to the following conditions: A. No lease term will be extended for more than six(6)months from the original expiration date. B. That the Lessee shall pay to the Lessor the sum of one-third of the original bonus, with a minimum bonus of Ten Dollars($10.00)per acre. C. The Lessee must pay to the Lessor the sum of One Dollar($1.00) per acre leased as delayed rental for the term of the extension. D. That the royalty will remain the same. 25. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with operations on this leased land or by conditions created thereby, or based upon any violation of any statute, ordinance,or regulation. 26. CONDEMNATION - If the leased land shall be taken in any condemnation proceeding, this lease shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event of such specific award(s)shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SETTLEMENT paragraph herein. If only a portion of the leased land is taken by condemnation, Lessor may, at its option, terminate this lease or terminate only that portion of the lease so taken. 27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatsoever. 28. ARCHAEOLOGY- Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or historic resources of any kind on Weld County lands as provided by law. These resources include, but are not limited to, all artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or historic nature shall be reported to Lessor or the State of Colorado Archaeologist immediately. 29. DEFINITIONS- A. "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide,and helium. B. "Oil and gas"as used herein shall include all substances produced as by-products therewith, including But not limited to sulfur. M-\CTMAGPENDING\20121Lease_01-07-63-E2NE4NW 4NE4.doc (Revised 1/2011) 3833579 Pages: 7 of 9 03/22/2012 1127 PM R Fee:E0.00 Steve Moreno. Clerk and Retarder Weld County. CO VIII Ilk �4� 4, 611� (�14h�tl��Ni"1 B ill • Large-Tract Oil and Gas Lease Page 8 C. "Paying quantities" as used herein shall mean and refer to quantities of oil and gas or of either of them sufficient to pay for the current cost of producing same. 30. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the ASSIGNMENTS' paragraph provided. 31. WARRANTY OF TITLE - Lessor does not warrant title to the leased premises, but it shall, upon request, allow Lessee access to such abstracts and other title papers as it has in its files. There shall be no obligation on Lessor's part to purchase new or supplemental or other title papers, nor to do any curative work in connection with title to the subject lands. All abstracts of title, whether new or supplementary, obtained by Lessee and covering the subject lands shall become the property of and be delivered to Lessor after Lessee has completed its title examination and curative work, subject, however, to the right of Lessee to use such abstracts upon request at any time during the term of the lease. 32. FORCE MAJEURE - Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the reasonable control of such party, including, without limitation:fire, explosion, power failure, flood, earthquake or other act of God;war, revolution, civil commotion, terrorism, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused from such performance (other than any obligation to pay money) on a day-to-day basis to the extent of such interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis to the extent such party's obligations relate to the performance so interfered with). M:\CTB'AGPENDING\2012\Lease_01-07-63-E2NE4N W 4NE4.doc (Revised 1/2011) 3833574 Pages: 8 of 9 03/22/2012 11:27 AM R Fee:$0.00 Steve Moreno Clerk and Recorder Weltl Countv GO VIIIh�'•Y�ItG�h,l�tti�t'��da11+ 41+�1�141���+►N.t�hr��l"15111 Large-Tract Oil and Gas Lease Page 9 IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the CHAIR, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the office affixed, and Lessee has signed this agreement,the day and year first above written. ATTEST: - BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board de • _> ELD COUNTY,COLORADO By: ✓d�b12X� 4JaJ • Deputy Clerk fait a Board Chair, Board of County Commissioners MAR 1 4 2012 LESSEE: 11/4/1 t1 n By: STATE OF (1UA(,tieac)f ) St ss COUNTY OF bs Yl' e r' ) h The foregoing instrument was acknowledged before me this , > day of ti's (L, ( ) I 20 , by )-,SC A'L •ThLt4vu PL"C <,(.1_.cJAI Win ss my hand and lc' al. STACIE L KERBER Notary Public N t Public State of Colorado My Commission Expires: \'I I rj 12 a 14 My Commission Expires August 15,2011 M:CTB\AGPENDING12012)Lease_01-07.63-E2NE4NW 4NE4.doc (Revised 1/2011) :77O402- 0"705 3833574 Pages: 9 of 9 03/22/2012 11:27 AD R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County GO VIII iI ILI�R,G+J+,I�l�,iM I�� Nit W'I? JLliti+ L4'P'l III III Hello