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Home My WebLink About20122888.tiff • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# Is CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: co . (12 digit number found on Tex I.D.information,obtainable at the Weld County Assessor's Office or yonyaaveld co Legal Description tv5EE 4 T'C_4r.l> 5E SA Section!1. Township )I North, Range ZWest 0 " Zone District: A , Total Acreage: 5 arre5, Flood Plain: N/A , Geolo gical Hazard: N/4 , Airport Overlay District FEE OWNE //R(S)OF THE PROPERTY: A Name: Kctl'r1,�,,++ryry"// Ay 1.5 Work Phone# IU(s} Home Phone#350 tt 3??frail AIM Address' (o4S9 LA.) GO Country Odt (e:t Address: / City/Slate/Zip Code 6-YNc tL Cocasoa 490729 Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below::Authorization must st accompany applications signed byAuthodzedAgent) Name: BEAR /�t4Ctpa cNERCy - CA.¢ur €LArefro t ENec/veeeLv> M.¢NA!>rpg Work Phone#303/d26-lea8b Home Phone# Email Askew emit,' G auR CHtt c @ QEARr 2,1OcE et ENE,c6 Yo eOry Address: /-4702. LARrM<g Snece i- SGfri a S o City/State/Zip Code PEA/veg. Co RGa 0,1 - /ban PRQPOSED USE: ( 'em fre�55csr S�u 4r m t>r _ Loco pce v sc c\as -gem 73tarrrbund,t ri w A\ lee_ ee.a It-t4.a5 IrcrrsrN,n Tike.y-'c-w'•l\ 0r• CLITYNerte- y Se r.4 4u *t Ifrkeare $'crr a Pa me h ? ci_ v1... -c-cry ()ro e/LS51 I(We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date USR Questionnaire—Angus Compressor Station, Bear Tracker Energy 1. Explain in detail the proposed site use: This property will be used as a compressor station. Low pressure gas from surrounding well heads will be piped to this location. The gas will then be compressed and sent on to the Hereford Ranch Gas Plant (located approximately 5 miles north)for processing. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan: With the acknowledgement of the desire to promote and protect Weld County's agricultural environment, care will be taken to minimize the impact on the surrounding area. The adjacent county road has been/will be improved and maintained at no cost to landowners. No water rights will be transferred and no irrigation water will be used to service this site therefore causing no water related changes for the owner. The owner is agreeable to the land use change for this small parcel (-5 acres) and it provides supplemental income while allowing the continuance of a rural lifestyle. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning)and the zone district in which it is located: This compressor site falls under the allowable Zoning consideration for Use by Special Review as Article II, Div 4, (A.) Mineral resource development facilities, (2.) Oil and gas support and service. In addition, all necessary permits will be obtained for access, grading, foundations/buildings, etc. and work performed according to Weld County Codes. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses): The land uses surrounding this site are agricultural therefore a minimal parcel of land will be used for this compressor site. All equipment will be painted to blend with the current landscape. 5. Describe, in detail, the following: a) Number of people who will use this site: 3-4 people b) Number of employees proposed to be employed at this site: This will be an unmanned site. c) Hours of operation: 24 hours a day, 7 days a week d) Type and number of structures to be erected (built) on this site: Compressors will have buildings around them as a part of the compressor skid, 2 Compressors initially will be installed. The air compressor skid will also have a building (approximately 10'6" x 6'1") as a part of the skid. One control room (MCC) building no larger than 12'x30'. e) Type and number of animals, if any, to be on this site: None f) Kind of vehicles (type, size, weight) that will access this site and how often: a 3/4 ton pickup truck will typically access the site 1 or 2 times per day g) Who will provide fire protection to the site: Pawnee FPD h) Water source on the property (both domestic and irrigation): There will be no well on this site nor will any irrigation water be used. Bottled water will be brought in for construction workers while site is under construction and will be available in the construction trailer. i) Sewage disposal system on the property (existing and proposed): No permanent sewage disposal or septic will be necessary since this will be an unmanned site. There will be portable toilets present during construction per OSHEA requirements. j) If storage or warehousing is proposed, what type of items will be stored: This is not a storage or warehousing facility. 6. Explain the proposed landscaping for the site. There will be a gravel base around the site equipment and on the road in/out of the facility. The remaining unused land will be naturally occurring vegetation. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs: There are no plans to terminate the USR anytime in the foreseeable future. 8. Explain how the storm water drainage will be handled on the site: Per topographical information, the site slopes slightly to the southeast. The intent is to allow this natural northwest to southeast drainage to continue thus not noticeably changing or obstructing the original drainage. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin: Construction on the site will take approximately 4-5 months and will begin within 2 weeks of approval. 10.Explain where storage and/or stockpile of wastes will occur on this site: The drain/oil tanks will be used in case of over flow in the system and will be emptied on an as needed basis by an outside source who will be responsible for the proper disposal. Dumpsters will be present during construction for trash collection. The trash collection company will be initially determined and contracted by the company doing the site construction. Dumpsters will be emptied on a weekly basis per contract agreement. USR PROCEDURAL GUIDE SUBMITTAL ANGUS COMPRESSOR STATION, BEAR TRACKER ENERGY Water Supply: There will be no well at this site and we don't propose to need a well in the future. There will be bottled water on site during construction for workers. The water dispenser will be located in the construction trailer. Sewage Disposal: There will be no septic system at this site since it will be unmanned after construction. During construction, there will be portable toilets on site per OSHEA requirements. Notice of inquiry if located within an IGA boundary: N/A Application Fee: $2,500.00 Investigation Fee: N/A Preliminary Drainage Report: Per topographical information, the site slopes slightly to the southeast. The natural drainage of this site will continue in this same northwest to southeast direction. Preliminary Traffic Study: Please see attached Typical Traffic Control Plan Waste Handling Plan: Two dumpsters will be on site for trash collection. The trash collection company will be initially determined and contracted by the company doing the site construction. Dumpsters will be emptied on a weekly basis per contract agreement. Dust Abatement Plan: Fugitive dust will be controlled on site. Water will be put down if conditions require. No houses are located within at least a 1,000' radius of site. Flood Hazard Development Permit: N/A Geologic Hazard Development Permit:: N/A Special Review Plat Recording Fee: $11.00 first page, $10.00 each additional page V C 0o 44> �c\ Weld County Public Works Dept. -4 1111 H Street ACCESS PERMIT � r , P.O. Box 758 G� :,.' %IC Greeley, CO 80632 APPLICATION FORM 4/c W ° Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property_ Owner (ft different than Applicant) Name Name Keel; YeA- 4`/.•1725 Company 10dr .CCE�C.Y. � Y 6353/4 Address We tK 0 Cry o/ ‘- 7 %Address 16 12 1—r1-r tic c f- 5'1a City 6/201/CC State &) Zip ?a7c2 City et-41 Statea0 Zip o02--1 Phone Phone 9740/E ? re 3 2 02 7 Business Phone (S°3 ) Co. t'' 39 S Fax Fax (3o3> (c2(a -- 62 5 ! E-mail E-maiIaduR enC4 £ 14f4 : 11tflke6 [iv e1'z≤y Cot! A = Existing Access 0= Proposed Access Parcel Location & Sketch The access is on WCR_7/y Nearest Intersection: WCR r-' / & WCR WCR Distance from Intersection Parcel Number 00209-H— 0- 00 0 n / _ c- Section/Township/Range_Scee -MIN / PS W Tcc Is there an existing access to the property? YES NO 1 N 3 3 Number of Existing Accesses Road Surface Type & Construction Information Asphalt Gravel _2(.. Treated _ Other WCR Culvert Size & Type 76.E / Materials used to construct Access 62RAveL/A'O4O v4s6' l 1 Construction Start Date _ Finish Date Proposed Use o Temporary (Tracking Pad Required)/ $75 o Single Residential/$75 ^ Industrial/$150 Small Commercial or Oil & Gas/$75 o Large Commercial/S150 - • Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? c No p USR Y RE o PUD o Other /n Process Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received al! pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. 44Signature .- Printed Name Date 214/02 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 .-P- ajv l r ' Ent2,-(ti , Li Typical Traffic Control Plan Diagram NJ ROAD WORK AHEAD t f 50 ----N, ROW f4 -r" 1tN t R.63 500 FT , Evriti Cam'J.:. - • 4accar-35 , D fi , ..-- .2-5d S o a O �T 4occcs5 , o [ ROrtmakit'sn..e.. Iz s'if I sao FT • �- z•i 8� ROAD WORK • AHEAD i i 5eclLi Sec � sec* Ian t_ , ne I - — Notes: I . The above diagram is typical for normal shoulder work applications. Additional signing may be required. 2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic, channelizing devices are required for day use only. No night time obstructions are allowed . Weld County Treasurer Account Parcel Number Receipt Date Receipt Number R0109486 020914000001 Jun 25, 2012 2012-06-25- 16-6080 AYARS KENYON K 63546 CR 67 GROVER, CO 80729 Situs Address Payor AYARS KENYON K 63546 CR 67 GROVER, CO 80729 Legal Description 8106 ALL 14 11 63 ( 16R32S) Property Code Actual Assessed Year Area Mill Levy AG-GRAZING LAND - 4147 10,974 3, 180 2011 1204 41 .318 Payments Received Check $ 131 .39 Check Number 4435 Payor AYARS KENYON K 63546 CR 67 GROVER, CO 80729 Cash $3.00 Payor AYARS KENYON K 63546 CR 67 GROVER, CO 80729 Cash ($0.37) Payments Applied Year Charges Billed Prior Payments New Payments Balance 2011 REBILLING FEE $0.00 $0.00 $0.00 $0.00 2011 Interest $2.63 $0.00 $2.63 $0.00 2011 Tax $ 131 .39 $0.00 $ 131 .39 $0.00 $ 134.02 $0.00 Balance Due as of Jun 25, 2012 $0.00 Thank you for your payment all payments subject to final bank clearance Accma CERTIFICATE DATE(MMIDD/YYYY) �„� OF LIABILITY INSURANCE 1/25/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Janet Bradley Charter Insurance & Consutling, Inc. PHONE 404-256-7900 FAX 404-256-9257 PO Box 421159 -tam �� (A1c,No): A0 RE8s: jbradley@charterenergy.com _ Atlanta, GA 30342 INSURER(S)AFFORDING COVERAGE NAIC IS INSURER A : Federal Insurance Company (Chubb) - A++ XV 20281 INSURED INSURER B : Bear Tracker Energy LLC INSURER C : Suite 540 - I INSURER D : i 1512 Lar€mer Street INSURER E Denver CO 80202 - - - INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AJSDLTSUBW POLICY EFF POLICY EXP iNSR)WD POLICY NUMBER (MMIODIYYYY) (MMtDD/YYYY} , UMITS A GENERAL LIABILITY X 3711 44 34 - 7/20/11 7/20/12 EACH OCCURRENCE S 1 ,000,000 X COMMERCIAL GENERAL LIABILITY (€ncluding ND Stop Gap) DAMAGEo� o 1 ,000,000 , PREMISES IEaoc lraact__ S CLAIMS-MADE , X OCCUR MED EXP(Any one person) S 10,000 X Primary and non-contributory PERSONAL 8 ADV INJURY $ 1,000,000 X Contractual- GENERAL AGGREGATE S 2,000,000 -1 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 1,000,000 5CIPOLICY n Ej n LOC S A AUTOMOBILE UABIUTY X 7356 32 28 7/20/11 7/20/12 CO • MBINED $M ED SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Par poison) S ALL OWED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOS ;YED PROPER e DAMAGE -) $ r $ _ A X UMBRELLA UAB X OCCUR 7987 90 92 07/20/11 , 7/20/12 EACH OCCURRENCE _ $ $1 ,000,000_ EXCESS UAB CLAIMS-MADE r - AGGREGATE $ DED RETENTION S S WORKERS COMPENSATION YPC STAB) 0TH. AND EMPLOYERS' LIABIUTY I TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE .Y IN EL- EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) - E.L- DISEASE - EA EMPLOYE S iT yyas.deSCrtbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT S i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It moro space Is rcqulrcd) __~ CERTIFICATE HOLDER CANCELLATION For Information Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATN • I , © 1988-2010 ACORD CORP RATION. All rights reserved. ACORD 26 (2010106) The ACORD namo and logo are r gis : red marks of ACORD NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this day of ,20_,by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County,Colorado,whose address is 1150 O Street,Greeley,Colorado 80631,as First Party,and 13eo_ I—vr, t 4. 'en e -o .j ,as Second Party whose address is l S 12 Lars grad- , €.. DiO t c.q'w r ,C O `s 2,O 2_ WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the of Section 1 ,Township t l North,Range(aWest of the 6t° P.M.in Weld County,Colorado,and WHEREAS,First Party is the owner of the right-of-way known as WCR `]I fora distance of S2SC' &.‘4,", of' WCR+50 and located as follows: 30! o+ ZOW i h .ei-'.crvt 1 H only between Sections, and rsaTownship Jj,North,Range k3 West,in Weld County,Colorado,which is hereinafter referred to as "ROW,"and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS,Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW,THEREFORE,in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party,its successors and assigns,a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: I. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property,to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90)days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party,which manner shall include,but not be limited to,the following: 1 a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment(fire department)are a minimum of 20 feet. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity,strength,and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required,Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation,including periodically cleaning • the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use,but is intended to provide access to private property. e. Prior to commending work within the ROW,Second Party shall,through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph I above,or any other requirements stated by First Party,shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access,as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party,Second Party shall indemnify and save harmless First Party, its successors,assigns,employees,and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party,Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Patty. Second Party hereby releases First Party,its successors,assigns,employees,and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act,either on the part of the First Party or on the part of any third party. 6. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second Party's assets or equity interests in Second Party,for which no consent shall be required. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 2 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement,or the application thereof to any person or circumstances shall,to any extent,be held invalid or unenforceable,the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response.The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place,the fee may be waived. 12. There shall be a$100.00 fee for the Nonexclusive License Agreement. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors,and assigns. 3 EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO ATTEST: Clerk to the Board By: By: Deputy Clerk ,Chair SECOND PARTY: NAME � NAME By:;a%�4,71—( 4, By: CjtehUT jagC/!E6 ewe-writ/re/zits/6Ceiz Oe•-7.477enecese 6,✓Ez≤v, LL c SUBSCRIBED AND SWORN to before me this !#day of_0 Lao ,2012_, By ≤122nT ad It / � I ' WITNESS my hand and official seal`' C .- ?r6 "", J Notary Public My commission expires:. 8204 ROBIN Q MACHNOLZ NOTARY PUBLIC • STATE OF COLORADO COMMISSION EXPIRATION:05/08/2014 MMCREEMENTS WancxclusiveUOREEMENT FORM doc 4 OPTION AGREEMENT TO PURCHASE REAL PROPERTY This agreement entered into this f day of *Y' �'nti .2012 by and between Kenyon K.Ayars whose address is 63546 Weld County Road 67,Grover,Colorado 80729. ("Optioner")and Bear Tracker Energy.LLC,whose address is 1512 Larimer Street, Suite 540.Denver, CO 80202, its successors,affiliates and assigns(individually and collectively referred to as"Optionee"). Now Therefore, in consideration of six hundred twenty five dollars and no cents($625.00),the receipt and sufficiency of which are hereby acknowledged.Optionor does hereby grant and sell to Optionee the sole,absolute,successive.recurring and irrevocable option to purchase the following described property located in Weld County. State of Colorado,hereinafter referred to as the"Option Property": A parcel of land located in the Southeast Y of Section 14,Township 11 North,Range 63 West lying east of Critter Creek 08-14 well site being approximately 411 feet by 529.93 feet shown on the attached sketch. A monumented land survey and property description is to be completed and replace this approximate description prior to exercising the Option. As more particularly described on the Property description/Plat attached hereto. Containing 5 acres more or less. This Option Agreement is made subject to the following terms: 1. Should Optionee elect to exercise its rights to purchase all or portions of the Option Property, the price to be paid to Optionor for the purchase of the Option Property shall be one thousand two hundred fifty dollars($1.250.00)per acre purchased.of which the six hundred twenty five dollars($625.00)shall be credited. 2. The Option Property shall be used for only the purpose of installing,maintaining and operating a gas compressions facility. 3. Optionor shall grant an access road easement to Optionee. Said easement location to be mutually agreed upon at a later date. 4. This Option Agreement shall remain in full force and effect for a period of two(2)years from the date of execution hereof. During the term of this Option Agreement,Optionee shall have the right to purchase all or a portion of the Option Property. Upon expiration of this Option Agreement.Optionee shall have no further rights to purchase the Option Property. 5. Should Optionee elect to exercise its right to purchase the Option Property,Optionor agrees to execute a Warranty Deed(s)substantially in the form of the Warranty Deed attached hereto as Exhibit A. 6. Optionor shall not create,allow or permit any lien or encumbrance to be placed.either voluntarily or involuntarily,against the Option Property during the term of this Option Agreement. Should any lien or encumbrance exist against the Option Property at the time that Optionee exercises its rights to purchase the Option Property, Optionor agrees to immediately cause the satisfaction and release of such lien or encumbrance against the Option Property. 7. Optionor shall not place or construct,or allow to be placed or constructed any permanent structure or improvement upon the Option Property during the terms of this Option Agreement. 8. Optionee, its employees, contractors and agents shall have the right of entry onto the Option Property for the purposes of surveying,staking and conducting environmental,archaeological and engineering investigations, including sub-surface soil investigations and cores. 9. Optionee shall pay Optionor for loss or damage to Optionor's real or personal property. including crop planted on the Option Property,due to or caused by Optionee's, its agents, assigns or contractors operations on the Option Property. 10. Optionor shall cooperate with Optionee in Optionee's efforts to obtain all necessary of required permits.approvals and licenses from all entities having jurisdiction over the Option Property, including executing all documents necessary or required to effectuate said permits, approvals and licenses. This Option Agreement shall be interpreted and enforced under the laws of the State of Colorado. This Option Agreement may be signed in multiple counterparts and all such counterparts and all such counterparts shall be deemed as originals. This Option Agreement shall run with the land and shall be binding upon the parties hereto,their heirs,successors,assigns.devisees,grantees.transferees,agents and representatives. Agreed to and accepted by: enyon .Ayars State of Colorado ) County of Weld ) !,k ./ On this / day of/-6.7,,Z„,t-t;y. .2012,before me personally appeared Kenyon K. Mars,known to me to be the person(s)who is described in and who executed the forgoing instrument and acknowledged to me that he/she executed the foregoing instrument. /c 7 (t //- ;,,t<@..,7 le t N'Stary Public My Commission expires - - y-- . NOTA Y STATt U}- cOLORAD° My Commission Expires 07/21/2012 EXHIBIT"A" Attached to and made a part of that certain Option Agreement to Purchase Real Property dated_ 2012 by and between Kenyon K. Ayars ("Optionor') and Bear Tracker Energy. LLC ("Optionee") WARRANTY DEED THIS INDENTURE(this"Indenture") is made this day of , 2012, by and between Kenyon K. Ayars whose address is 63546 Weld County Road 67. Grover. Colorado 80729 ("Grantor) and Bear Tracker Energy. LLC. whose address is 1512 Larimer Street, Suite 540, Denver,CO 80202(hereinafter referred to as"Grantee"). WITNESSETH: For Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantors do hereby grant, bargain, sell and convey unto Grantee all of the following real property lying and being in the County of Weld. State of Colorado (collectively,the"Land and Premises"), and being further described as: A parcel of land located in the Southeast'A of Section 14,Township 11 North,Range 63 West lying east of Critter Creek 08-14 well site being approximately described as 411 feet by 529.93 feet shown on the attached sketch. A monumented land survey and property description is to be completed and replace this approximate description prior to closing. Containing 5 acres more or less. EXCEPTING AND RESERVING to Grantors,their heirs,successors and assigns.all right and title in and to all oil, gas. casinghead gasoline, all liquid hydrocarbons and other minerals, including but not limited to sulphur,coal,gravel,clay.scoria.uranium and other ores containing fissionable materials. THIS INDENTURE is made subject to the following covenants and restrictions(which are expressly intended to apply to Grantor, Grantee,and their respective heirs,successors and assigns. as applicable): 1. In the event the Land and Premises are no longer being used by Grantee: (i)for use as a gas compressor site. (ii) as property over or through which an oil or gas pipeline, gathering or transportation system passes, or(iii) for any other related oil or gas operation (each, an`Abandonment"), Grantee covenants and agrees that it will promptly file a Notice of Non-Use for Oil and Gas Operations with the Clerk and Recorder for Weld County. Colorado (a "Notice of Non-Use") and will provide Grantor written notice(delivered by U.S. mail or facsimile)within fifteen (15)days of filing such Notice of Non-Use. 2. Upon filing a Notice of Non-Use, the Grantee shall remove all surface equipment and shall clean the site of any environmental contamination or hazards such that it meets all applicable State and Federal regulations for environmental compliance for abandonment. Upon receipt of notice of Non- Use and subsequent equipment removal and site cleanup, the Grantor shall have a period of thirty (30) days in which to notify Grantee that Grantor wishes to take ownership of the site. Upon such notification. Grantee shall convey ownership of the said site to the Grantor. his heirs or assigns at no cost to the Grantor. 3. RESTORATION:The restoration of any disturbed areas, not being used to grow crops or hay.are to be seeded with Crested Wheat grass. Intermediate Wheat grass or a seed mix specified by Grantor. For those areas being used to grow crops or hay, standard damages will be paid by Grantee for crop or hay losses as they apply. Site to be fenced with four strand 12 gauge barb wire with 8 foot by 8 inch corner posts minimum or a security fence. if required. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in any way pertaining to Grantee, its heirs, successors and assigns forever. Grantors, for themselves. their heirs, executors. administrators, successors and assigns, do covenant with Grantee, its heirs, successors and assigns. that Grantors are well seized in fee of the Land and Premises aforesaid and Grantors have good right to sell and convey the same in manner and form aforesaid, and that the same are free from all liens and encumbrances except easements of record and except as provided in this Indenture. Grantors, for themselves, their heirs. executors, administrators, successors and assigns do hereby covenant that they will warrant and will defend the above granted Lands and Premises in the quiet and peaceable possession of Grantee, its heirs. successors and assigns against all persons claiming the whole or any part thereof. WITNESS the hands of the Grantors and Grantee: GRANTOR: Kenyon K. Ayars GRANTEE: Bear Tracker Energy. LLC By: Name: Title: State of Colorado )ss. County of Weld On this day of . 2012. before me personally appeared Kenyon K. Ayars, known to me to be the person who is described in and who executed the foregoing instrument and acknowledged to me that he executed the foregoing instrument. Notary Public My Commission expires State of Colorado )ss. County of Weld On this day of .2012.before me personally appeared _as of Bear Tracker Energy, LLC, known to me to be the person who is described in and who executed the foregoing instrument and acknowledged to me that he/she executed the foregoing instrument. Notary Public My Commission expires Hello