HomeMy WebLinkAbout20050241.tiff PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 3 1 3 - 1 J - 2 -0 3 -3 0 1
1 3 1 3 1 J 2 0 3 3 0 2
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
Legal Description WZ of 11E & E'-z of NW'4 , Section 10 , Township 2 North, Range 68 West
PropertyAddress(IfApplicable) TED WCP. 7 Longmont, CO 80304
Industrial Industrial
Existing Zone District : PUD Proposed Zone District:PUD Total Acreage:26.02 Proposed#/Lots
Replat of Lot 1 block 3
Average Lot Size: Minimum Lot Size: Proposed Subdivision Name: WDCI
Proposed Area (Acres)Open Space: 18.5 Acres
Are you applying for Conceptual or Specific Guide? Conceptual Specific
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: OCON Group, LLC / ` Lehigh Enterprises Acquisition
Work Phone#(303)485-6169 Home Phone# bittafiR
AddtS3: ;lox 903 10220 Amnassarlor i,lvd
City/State/Zip Code Longmont. C080532 W kR.esRS e,-L4 r4o, 1og63
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: OCON Group, LLC
Work Phone e..(333)r,85_616q Home Phone# Email Address
Address: P.O. Box 903
City/State/Zip Code Longmont, CO 80502
UTILITIES: Water: Left Hand Water District
Sewer: St. Vrain Sanitation District
Gas: Kinder Morgan. Inc.
Electric: United Power Trio
Phone: Qwest Commnnirat-inns
DISTRICTS: School: Si-. yrain vane,. Schpn1 i tr'et
Fire: mountain View Fire Department
Post:
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 the signatory has the legal authority to sign for
the corporation. I (we), th- ndersigned, hereby request the Department of Planning Services to review this PUD Final Plat or
request hearings b Weld County Planning Commission and the Board of Count ommissioners concerning the PUD
Final Plat for a... u.'n..rporat ar a of Weld Cou Colorado:
Si.. ure: Owner or Authorized Agent a Signature: ner or Authorized Agent Date
OCON Group, LLC LEHIGH ENTERPRISES ACQUISITION
John O'Connor, Manager Bernard Brownell -10-
Property Manager
2005-0241
August 26, 2004 VrOUpr
To: Weld County,Colorado
Department of Planning Services
Attn: Ms. Jacqueline Hatch
1555 N. 17th Avenue
Greeley, CO 80631
Re: Planned Unit Development Final Plat Submittal
Lot 1, Block 3 Western Dairymen Cooperative, Inc.
TBD WCR 7.5
Longmont,CO 80504
The proposed PUD final plan is in compliance and meets all criteria as set forth in the change of zone
requirements.
Lot I, Block 3 is located at the intersection of Weld County Road 7 'h and Hwy 119. The intended use
retail/commercial and self storage is allowed by the Industrial Zoning District and shall conform to the
requirements as outlined in section 23-2-160-U for control of noise,air quality, water quality,radiation,
heat, and glare. This use is compatible with the existing and future development of the surrounding areas.
The facility has been designed to meet the current requirements of the Weld County Land Use Code and the
Milky Way Business Park Design Guidelines as recorded in the Declaration of Covenants.
The new lot design better suites the existing space,while maintaining the natural habitat. With little
increase in lot size, it provides a more sensible layout to ensure more adequate access to both the oil
operations area and the open space. The following is a summary of the existing property statistics and the
new statistics for the Western Dairymen Cooperative Inc. PUD:
Existing New
Total Area=55.01 Acres Total Area= 55.01 acres
Total Lot Area=29 acres(52.7%) Total Lot Area=29.97 acres(54.5%)
Total R.O.W. =6.47 acres(11.8%) Total R.O.W. =6.47 acres(11.8%)
Total Open Space= 19.33 acres(35.5%) Total Open Space= 18.36 acres(33.3%)
Number of Lots= 19 Number of Lots= 19
Pursuant to section 26-4-40.B and appendix 26-E in the Limited Site Factor—Lowest intensity area
common open space shall be no less than 30%; our new plat more than satisfies this requirement with
33.3%which is an additional 1.83 acres.
The traffic impact study that was completed and approved pursuant to the original PUD requirements
assumed 13 acres on the west side of Weld County Road 7.5 would be developed. Lot 1, Block 3 would be
the only usable lot west of 7.5 and encompass only 7.47 acres. The remaining area will become part of the
existing open space. Weld County road 7.5 and Hwy 119 provide adequate access both functionally and
structurally.
Landscaping will be addressed at the site plan approval stage and take into consideration both the original
PUD requirements and the more recent Site plan review#366 requirements.
I hope this explains the general nature of our project and satisfies the statements as required, if there is
additional information required please feel free to call.
Thank you,
ohn R. O Connor
Division Manager
PO Box 903 Longmont.CO 80502 Ph:303-485-6169 Fax 303-678-7777
Www.000NGroup corn Email:0C0NOdirecway.com
08/31/2004 12:50 .u,-303-651-1320 DYER REALTY INC ^ PAGE 02
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Statement of Authority
(Section 38-30-172,GR,S.)
1.This Statement of Authority relates to an entity named
LEHIGH ENTERPRISES ACQUISITION CORPORATION, a Delaware Corporation
2.The type of entity is a corporation
3.The entity is formed under the laws of Delaware
4.The mailing address of the entity is:
1UW7.f1 > ' f rnireAsSa-dor
Ear nsrc3 L`i-h.1 ('Al cd-[is3
5.The name and position of each person authorized to execute instruments conveying,
encumbering,or otherwise affecting title to real property on behalf of the entity is:
r- S - "Pre Sick n-k-
174-3e.rnard `P'xrcnllr4-11 - Ui�2 1�/eCid .,-
.,tiic C=wc.ica-c..r - 2-cCro4Etx'vt / '1rQLttu.vt.v-
6.The authority of the foregoing person(s)to bind the entity is limited as follows:
7.This Statement of Authority is executed on behalf of the entity pursuant to the
provisions of S 38-30-172,C.R.S.
8.This Statement of Authority amends and supersedes in all respects any prior Statement
of Authority executed on behalf of the entity.
EXeCU emit hi9 da r f October 2p'02,
Name: o ��✓,/y,//I"—_'
Name:
r _•
STATE OFti � _°,�"% ��F:d
COUNTY OF l,:... _
The foregoing instrument was acknowledged before me this
•
October r _ 20 G2 by �rr�ctrcl day of
. '`"-' fu as tf l C{,President
•Witness my hand and official seal.
1t L t, as Secretary *
My commission expires: (C . Pte^ 1 n
Notary Public
AA of LEHIGH ENTERPRISES ACQUISITION CORPORATION, a Delaware Corporation
ELLEN F.PAINTER
Not&y Public-Stile of Mumui
•
County of Greene
My Canmission Expires Jun 9,2003
Mail to: Secretary of State For office use onIy031 --�
Corporations Section �rJ
1560 Broadway, Suite 200
Denver, CO 80202
(303) 894-2251 `"- = `; .'
MUST BE TYPED Fax (303) 894-2242
FILING FEE: $50.00 1 ;11LicT
MUST SUBMIT TWO COPIES TiECRETAt
_ T=--
Please include a typed ARTICLES OF ORGANIZATION
self-addressed envelope
INVe the undersigned natural person(s) of the age of eighteen years or more, acting as organizer(s)of a limited liability company
under the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability company:
FIRST: The name of the limited liability company is: OCON GROUP LLC
SECOND: Principal place of business(if known): P O BOX 903 LONGMONT CO 80502
THIRD: The street address of the initial registered,office of the limited liability company is:
tt5`i Co MA 1 . SsCEP id'
P-e-BOX--903 LONGMONT CO ✓6602- PVh cCL
The mailing address(if different from above) of the initial registered office of the limited liability company is:
SAME
The name of its proposed registered agent in Colorado at that address is:
JOHN R O CONNOR
FOURTH: X The management is vested in managers (check if appropriate)
FIFTH: The names and business addresses of the initial manager or managers or if the management is vested in the
members, rather than managers, the names and addresses of the member or members are:
NAME ADDRESS(Include zip codes)
JOHN R O CONNOR P O BOX 903 LONGMONT CO 30502
SIXTH: The name and address of each organizer is:
NAME ADDRESS (Include zip code)
JOHN R O CONNOR P O BOX 903 LONGMONT CO 80502
•
Signe Signed
Revised 7/95
COMMITMENT FOR TITLE INSURANCE
UNITED GENERAL
TITLE INSURANCE COMPANY
United General Title Insurance Company, a Colorado Corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified
in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and
Stipulations hereto.
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and
all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof
or when the policy or policies committed for shall be issued, whichever first occurs, provided that the
�-. failure to issue policy or policies is not the fault of the Company.
In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto
affixed: this instrument, including Commitment, Conditions and Stipulations attached, to become valid
when Schedule A and Schedule B have been attached hereto.
UNITED GENERAL TITLE INSURANCE COMPANY
��GFNP.p..�`
*� UG
T
resident Secretary
'4ACE C�
Countersigned -i\��`_ ' ' \,
Authorized Officer or Agent
� U
This policy valid only if Schedules A and B are attached.
ALTA Commitment- 1966
UGT Form No. 150A(3/21/01)
•
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed,or other security instrument.
2. If the proposed Insured has acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting
estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,
lien encumbrance,adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to
acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the
amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are
subject to the provisions of this Commitment.
STANDARD EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of
the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this Commitment.
2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the
public records.
3. Any discrepancies, conflicts in boundary lines, encroachments, easements, measurements, variations in area or content, party walls
and/or other facts which a correct survey and/or a physical inspection of the premises would disclose.
4. Rights or claims of parties in possession not shown in the public records.
5. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic installments, then the
policy shall contain an additional exception which shall read as follows:
Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures the amount actually
disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the
account of the mortgagor up to the amount of the policy. Such disbursement shall not extend the date of the policy or change any part
thereof unless such change is specifically made by written endorsement duly issued on behalf of the Company. Upon request by the
Insured (and payment of the proper charges therefore), the Company's agent or approved attorney will search the public records
subsequent to the date of the policy and furnish the insured a continuation report showing such matters affecting title to the land as they
have appeared in the public records subsequent to the date of the policy or date of the last preceding continuation report, and if such
continuation report shows intervening lien, or liens, or interest to or for the account of the mortgagor, then in such event this policy does
not increase in liability unless such matters as actually shown on such continuation report are removed from the public records by the
insured.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment Number 2OO52W
Revision Number
PROPERTY ADDRESS:
VACANT LAND
SCHEDULE I:
7430098 & 7430198
1. Effective date: AUGUST 26, 2004 at 8:00 A.M.
2. Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy - Proposed Insured:
B. ALTA Loan Policy - Proposed Insured:
C. ALTA Loan Policy - Proposed Insured:
WORKING COMMITMENT SEARCH FEE $150.00
TOTAL
$150.00
3. The estate or interest in the land described or referred to in this commitment and
covered herein is FEE SIMPLE and title thereto is at the effective date hereof
vested in:
OCON GROUP, LLC (PARCEL I)
LEHIGH ENTERPRISES ACQUISITION CORPORATION, A DELAWARE CORPORATION (PARCEL II)
4. The land referred to in this commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
Case No: 20052W
EXHIBIT ^A••
PARCEL I:
LOT 1,
BLOCK 3,
WESTERN DAIRYMEN COOPERATIVE, INC. ,
COUNTY OF WELD,
STATE OF COLORADO.
PARCEL II:
OPEN SPACE,
BLOCK 3,
WESTERN DAIRYMEN COOPERATIVE, INC. ,
AS SHOWN ON THE PLAT RECORDED JANUARY 21, 1998 AS RECEPTION NO. 2590085,
COUNTY OF WELD,
STATE OF COLORADO.
Commitment Number: 20052W
SCHEDULE B-1 RegtairemsritS
The following are to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration
for the estate or interest to be insured.
Proper instrument (s) creating the estate or interest to be insured must be executed
and duly filed for record, to-wit:
NOTE: THIS IS AN INFORMATIONAL COMMITMENT ONLY. THIS COMPANY RESERVES THE RIGHT
TO ADD/CHANGE/DELETE REQUIREMENTS AND/OR EXCEPTIONS UPON RECEIVING FURTHER
INFORMATION.
Commitment Number 20052W
S CHEDUtE 8-2 Excapt ion
The policy or policies to be issued will contain exceptions to the following unless
the same are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,
first appearing in the public records or attaching subsequent to the effective
date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Unpatented mining claims: reservations or exceptions in patents or in Acts
authorizing the issuance thereof, water rights, claims or title to water;
NOTE: Item no. 6 of the above will not appear on the Lender's Policy (if any) to
be issued hereunder.
7. Any and all unpaid taxes, assessments and unredeemed tax sales.
8. COVENANTS, CONDITIONS AND RESTRICTIONS WHICH DO NOT CONTAIN FORFEITURE OR
REVERTER CLAUSE, OMITTING ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION OR
NATIONAL ORIGIN, CONTAINED IN INSTRUMENT RECORDED APRIL 4, 1998 AS RECEPTION NO.
2605537.
9. OIL AND GAS LEASE FROM J. P. CAMENISCH AND MARY M. CAMENISCH TO JOHN H. HILL,
RECORDED AUGUST 4, 1972 IN BOOK 673 AS RECEPTION NO. 1595014, AND ANY INTERESTS
THEREIN, ASSIGNMENTS OR CONVEYANCES THEREOF. SAID LEASE EXTENDED BY AFFIDAVIT
RECORDED DECEMBER 13, 1976 IN BOOK 784 AS RECEPTION NO. 1705724.
10. OIL AND GAS LEASE FROM DAVID E. CAMENISCH AND GLORIA F. CAMENISCH TO AMOCO
PRODUCTION COMPANY, RECORDED AUGUST 16, 1972 IN BOOK 674 AS RECEPTION NO.
1595713, AND ANY INTERESTS THEREIN, ASSIGNMENTS OR CONVEYANCES THEREOF. SAID
LEASE EXTENDED BY AFFIDAVIT OF LEASE EXTENSION RECORDED FEBRUARY 10, 1976 IN BOOK
759 AS RECEPTION NO. 1680946.
11. RIGHT-OF-WAY EASEMENT FOR PIPELINE PURPOSES AS GRANTED TO PANHANDLE EASTERN PIPE
LINE COMPANY, A DELAWARE CORPORATION BY INSTRUMENT RECORDED DECEMBER 17, 1975 IN
BOOK 755 AS RECEPTION NO. 1676951, SAID RIGHT-OF-WAY EASEMENT NOT BEING
SPECIFICALLY DEFINED.
12. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION SERVICE AGREEMENT, BETWEEN ST.
VRAIN SANITATION DISTRICT AND WESTERN DAIRYMEN COOPERATIVE, INC. RECORDED AUGUST
..� 19, 1997 IN BOOK 1621 AS RECEPTION NO. 2564241.
13. TERMS, CONDITIONS AND PROVISIONS OF IMPROVEMENTS AGREEMENT, BETWEEN COUNTY OF
WELD AND WESTERN DAIRYMEN COOPERATIVE, INC. RECORDED JANUARY 15, 1998 AS
RECEPTION NO. 2589475.
14. TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT,
BETWEEN COUNTY OF WELD AND WESTERN DAIRYMEN COOPERATIVE, INC. RECORDED JANUARY
15, 1998 AS RECEPTION NO. 2589476.
15. NOTES AND EASEMENTS AS SHOWN ON THE RECORDED PLAT OF SAID SUBDIVISION.
16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN SURFACE USE
AGREEMENT AND EASEMENT RECORDED OCTOBER 22, 2001 AS RECEPTION NO. 2893758.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN RIGHT OF WAY GRANT
RECORDED APRIL 29, 2002 AS RECEPTION NO. 2946544.
NOTE: EXCEPTIONS 8-17 AFFECT PARCELS I & II.
18. RESERVATIONS AS CONTAINED IN WARRANTY DEED RECORDED NOVEMBER 4, 2002 AS RECEPTION
NO. 3001806. (AFFECTS PARCEL I) .
19. DEED OF TRUST FROM OCON GROUP LLC TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE
USE OF BANK OF COLORADO TO SECURE PAYMENT OF $2,550,000.00, DATED NOVEMBER 5,
2002 AND RECORDED NOVEMBER 8, 2002 AS RECEPTION NO. 3003741. (AFFECTS PARCEL I) .
20. RIGHT-OF-WAY FOR IDAHO CREEK AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE BY
RONALD W. ADAMS, DATED SEPTEMBER 24, 2002. (AFFECTS PARCELS I & II) .
21. OIL TANK, WELL, SEPERATOR AND METERS AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE
BY RONALD W. ADAMS, DATED SEPTEMBER 24, 2002. (AFFECTS PARCEL I) .
Commitment Number 20052W
DISCLOSURE ATTACEThCNT
Note (1) Colorado Insurance regulations 89-2, Paragraph C of Article
VII requires that "Every title entity shall be responsible for all
matters which appear of public record prior to the time of recording
whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction
which was closed."
Note (2) Exception number 4 of Schedule B, Section 2 may be deleted
from the Owner's Policy upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a
single family residence, including a condominium or Townhouse
unit .
B. No labor nor materials must have been furnished by mechanics or
materialmen for purposes of construction on the land described
in Schedule A of this Commitment within the past 13 months.
C. Receipt of this Company of an appropriate affidavit indemnifying
it against unfiled mechanic' s and materialmen' s liens.
D. Any deviation from conditions A through C above are subject to
any additional requirements of information as the Company may
deem necessary.
Note (3) Pursuant to Colorado Revised Statutes 10-11-122 we are making
you aware of the following:
(i) The subject property may be located in a special taxing
district;
(ii) A certificate of taxes due listing each taxing jurisdiction
shall be obtained from the County Treasurer or the County
Treasurer' s authorized agent;
(iii) Information regarding special districts and the boundaries of
such districts may be obtained from the Board of county
Commissioners, the County Clerk and Recorder, or the County
Assessor.
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16-c-* Cpl ;_
■ �N ,mss. ( O •
STATE 186 DORADO
DEPARTMENT OF
STATE
CERTIFICATE
I,DONETTA DAVIDSON, Secretary of State of the State of Colorado,
hereby certify that, according to the records of this office,
LEHIGH ENTERPRISES ACQUISITION CORP.
(Delaware CORPORATION )
File# 20021274545
was filed in this office on October 3, 2002 and has complied with the applicable provisions
of the laws of the State of Colorado and on this date is in good standing and authorized and
competent to transact business or to conduct its affairs within this state.
Dated: January 28, 2004
For Validation:
Certificate ID: 759860
To validate this certificate,visit the following
web site,enter this certificate ID,then follow the
instructions displayed.
www.sos.state.co.usNalidateCertificate
/a7(--1---27-a--- 0a.-!...-e-e_e
SECRETARY OF STATE
■
Derctivare PAGE 1
The First State
I , HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "LEHIGH ENTERPRISES ACQUISITION
CORP. " IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF
DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE
EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE
SEVENTEENTH DAY OF FEBRUARY, A.D. 2004 .
AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES
HAVE BEEN PAID TO DATE .
u
vnvs.qt.. q at 4 $ j Harriet Smith Windsor,Secretary of State
2599313 8300 - j AUTHENTICATION: 2932315
040107158 DATE : 02-17-04
Report Date:07/23/2004 09:15AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
n SCHEDULE NO: R7430098
ASSESSED TO:
DAIRY FARMERS OF AMERICA INC
C/O OCON GROUP LLC
P O BOX 903
LONGMONT, CO 80502
LEGAL DESCRIPTION:
WDC Ll BLK3 WESTERN DAIRYMENS COOPERATIVE INC SUB
PARCEL: 131310203001 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 20.56 0.41 0.00 20.97 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 07/23/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2341 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 5.58 AGRICULTUR 888 260
SCHOOL DIST REIJ 40.374 10.49
NCW WATER 1.000 0.26 TOTAL 888 260
LEFT HAND WATER 0.000 0.00
MTN VIEW FIRE(BOND 2008) 0.300 0.08
ST VRAIN SAN 4.925 1.28
WELD LIBRARY 3.249 0.84
LONGMONT CONSERVATION 0.000 0.00
MOUNTAIN VIEW FIRE 7.817 2.03
TAXES FOR 2003 79.139 20.56
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST I,
REAL PROPERTY-AUGUST I. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O.Box 458
Greeley, CO 80632
(970)353-3845 ext.3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
!1 Signed ei. O/' 1 1 It Date 7—C2 3 -D
' Report Date: 07/23/2004 09:15AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R7430198
ASSESSED TO:
DAIRY FARMERS OF AMERICA INC
P O BOX 26427
SALT LAKE CITY, UT 84115
LEGAL DESCRIPTION:
WDC OPEN SPACE(PER PLAT)WESTERN DAIRYMENS COOPERATIVE INC SUB
PARCEL: 131310203002 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2003 TAX 60.92 0.61 0.00 61.53 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 07/23/2004 0.00
ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2341 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 21.474 16.54 AGRICULTUR 2,670 770
SCHOOL DIST REIJ 40.374 31.07
NCW WATER 1.000 0.77 TOTAL 2,670 770
LEFT HAND WATER 0.000 0.00
MTN VIEW FIRE(BOND 2008) 0.300 0.23
ST VRAIN SAN 4.925 3.79
WELD LIBRARY 3.249 2.50
LONGMONT CONSERVATION 0.000 0.00
MOUNTAIN VIEW FIRE 7.817 6.02
TAXES FOR 2003 79.139 60.92
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O.Box 458
Greeley, CO 80632
(970)353-3845 ext.3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
r Signed a em,-,t (Q Y& Date 7- .2 D
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
oad File#: Date: el-2c)
SE# : Other Case #:
1. Applicant Name 0C0N GROUP, LLC Phone (303) 485-6169
Address P.0. Box 903 CityLongraont State CO Zii80i02
2. Address or Location of Access TBD WCR 71/2, Longmont, CO 80504
Section 10 Township 2N Range 68W Subdivision Block 3 Lot 1
Western Dairymen Cooperative, Inc.
Weld County Road #: 71 Side of Road West Distance from nearest intersection 420'
3. Is there an existing access(es) to the property? Yes X No #of Accesses 1
4. Proposed Use:
❑ Permanent O Residential/Agricultural 0 Industrial
❑ Temporary 0 Subdivision $ Commercial 0 Other
•*******************************************************************a+*******+*********************************era*************
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential vJ 119
O&G = Oil&Gas
D.R. = Ditch Road
= House
p.m = Shed
D =Proposed Access
• = Existing Access ,
NT J
i;xIST'MG
0rG RogO
•
•
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized 0 Information Insufficient
Reviewed By: Title:
•
-17-
ccpy
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this Goy day of Aplt.c L ,20 6 61,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and (\(^,h K\ Got, L.LC hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
L-04 . I BLoe k 3, WEtS4-i=.w i�...��,nr , L'a� L -4'AT)
PZ) ? ,�-h- • rat Si_c_4LIAa ter l�w,as‘-fip 2 t3b�N
RA+vct b°u W is+ o-P +4ne.
WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known
as .+r 17i-A-w1ZZ.11;p,,,,? �- o has been submitted to the County
for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat, or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final flat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering,Services:.Applicant shall furnish, at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference. •
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Sun-eyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles, estimates, construction supervision, and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
Page 1 of 12
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference,according to the construction schedule set out in Exhibit"B"
which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, •
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit "B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
Page 2 of 12
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of '
every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability,loss, or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development maybe approved by the
County as public roads and will be maintained and repaired by a Homeowners Association or,
in its absence,the owners of lots within the Subdivision or Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit "B," but such use and
operation shall not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit "B," and may continue to issue building permits so long as the progress of
work on the Subdivision or Planned Unit Development improvements in that phase
of the development is satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant,inspect the subject streets, and notify the applicant(s)of any
deficiencies. The County Engineer shall reinspect the streets after notification from
the applicant(s) that any deficiencies have been corrected. If the County Engineer
finds that the streets are constructed according to County standards, he or shg shall
recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Board
of County Commissioners shall fully approve said streets as public but with private
pay.
Page 3 of 12
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to fmal
approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within six
(6)months of the Final Plat approval. If acceptable collateral has not been submitted
within six(6)months then the Final Plat approval and all preliminary approvals shall
automatically expire. Applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards, policies and regulations. The
improvements shall be completed within one (1) war after the Final Plat approval
(not one year after acceptable collateral is submitted) unless the applicant(s)
requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent
(100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
• designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits "A" and "B."
5.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
Page 4 of 12
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%), or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus.all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
Page 5 of 12
8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%)of the
amount specified in the Improvements Agreement. •
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement, the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent (100%) of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following;
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project"as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
Page 6 of 12
9.7 Following the submittal of the Statement of Substantial Compliance and •
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the Board.
This action will be taken at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent (15%) of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district,for one of the above purposes. Any area so dedicated shall be maintained by
the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County
Code, may be reserved through deed restrictions as open area, the maintenance of
which shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant, and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLIC •
APPLI ANT:
Page 7 of 12
IIfLE: -RE-< >
Subscribed and sworn to before me this Z C1 day of Ac7 I , 20 O t..
My Commission expires:
otary Public
d3 •- zz- cC
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board •
, Chair
BY:
Deputy Clerk to the F oard
APPROVED AS TO FO itM:
County Attorney
Page 8 of 12
EXHIBIT °A"
Name of Subdivision •
St4E LAr� ?avlzw 31.06-- or Planncd Unit Development:
T }�
Filing:
` t /� l
Location: IiWt,I VI9 �.S�� L d] cwt., t C ibaus .ikon
Intending to be legallybound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading ¶Ca OC>O
Street grading 4 5bb
Street base 3 S S O
Street paving I S 66 b
Curbs,gutters,and culverts _
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers fltThr)
Trunk and forced lines
Mains
Laterals(house connected) S-00
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) cl 0,00
Fire hydrants J _ I SOO 3 aano
Survey and street monuments and boxes I eTh 6 C')
Street lighting --
Street Names ;o0
Fencing requirements '.$0p
Landscaping 12 O elo
Park improvements +7
Road culvert cO0
Grass lined await
Telephone I ZOO
Gas
Electric 25627
Water transfer
ti
SUB-TOTAL: •
3 t -4-00• m
Engineering and Supervision Costs$ * (.4 0,664 o0
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 53-4 cx)'ea
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent
Page 9of12
Said improveme the pleted according to the construction schedule set out in Exhibit "B."
B :
ant
Applicant Sou c ,y ,7
Date: / Ct , 20O'7D Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Piz— 1nofl?
EXHIBIT "B"
Name of Subdivision r
or Planned Unit Development: J 1 1 Ret RC•LI ax a 5(Do
Filing:
Location: + Its i i° 11-)E-L-C) e Wlb.►,S
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading 3 rva"44, g
Street base
Street paving --
Curbs, gutters, and culverts --
Sidewalk "-
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage --
Sanitary sewers l9 mpN'}"1/21S
Trunk and forced lines _
Mains
Laterals (house connected)
mDrd�^
On-site sewage facilities (a
On-site water supply and storage
Water mains (,me:n.) 14
Fire hydrants • (,Mt,44-1
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements 9'Mohan.S
Landscaping 1Mona 14s.C.
Park improvements 12n.o
Road culvert
Grass lined swale _
Telephone
Gas (y PAts .1 5
Electric u
Water Transfer Laft`C
LS
SUB-TOTAL: Lo.
P,..^ 11 of In
The County, at its option, and upon the request of the Applicant,may grant an extension of time for
completion for any particular improvements shown above,upon a showing by the Applicant that the above
schedule cannot be met.
By. v4ed/
1 10.err_ct
Se-er917kinn
Applicant
)J�zr> • Date: 1/^�� 20 br.
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
Page 12 of 12
•
•
-;--1111111 NUNN 1111111111 U 111111111111N1 IIU 1111
I ot1 p f�00 0 0.00 Weld County CO 2001 12'22P JA moto
SURFACE USE AGREEMENT AND EASEMENT
(Existing Well and Future Wells)
1jThis Surface Use Agreement and Easement (this "Agreement") is made this I714day of
August,2001,by and between Kerr-McGee Rocky Mountain Corporation CICMC"),with an address
of 1999 Broadway, Suite 3600, Denver, Colorado 80202, and Bromley 132, LLC and Parkwood
Properties,LLC(collectively,the"Owners")and Dairy Fanners of America,Inc.("DFA")and Milky
Way Owner's Association, Inc. ("Milky Way") (collectively, Owners, DFA and Milky Way are
referred to as"Developer"),with an address of 12460 1st Street,Eastlake,Colorado 80614.
Recitals
A. Developer is the owner of the surface of the E/2NW/4 and W/2NE/4 of Section 10,
Township 2 North,Range 68 West,6th P.M.,Weld County,Colorado(hereinafter referred to as the
"Property");
B. Developer's surface ownership of the Property is subject to the rights of the oil and gas
mineral estate, which is owned by third parties and which has been leased to KMC;
C. Owners have plans to develop the surface of a portion of the Property as a housing
development known as Idaho Creek Planned Unit Development;
D. KMC has the right to deepen,recomplete or rework the existing well in the NW/4NE/4 of
Section 10 on the Property more particularly described as the David E.Camenisch Gas Unit#1,990'
FNL, 1440' FEL (the "Existing Well").
E. KMC has the sole and exclusive right to develop the oil and gas resources beneath the
Property by drilling additional wells (hereinafter referred to as "Future Wells") on the Property
and/or deepening, recompleting,or reworking each such Future Well and the Existing Well.
F. Developer desires to acquire KMC's agreement to locate Future Wells in the Future Oil
and Gas Operations Area(as hereinafter defined)and to relinquish surface rights as to all portions of
the Property except in the Existing Oil and Gas Operations Area(as hereinafter defined)and in the
Future Oil and Gas Operations Area.
G. This Agreement sets forth the parties' rights and obligations regarding the relationship
between the development of the Property by Developer and KMC's operation and development of its
oil and gas leasehold estate.
Agreement
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1111111111111111111111111 11 11111111111 11111 HMI
1893758 10/22/2001 12:32P JA Suki Tsukamoto
2 of 18 R 96.00 D 0.00 Weld County CO
1 AREA RESERVED FOR FUTURE WELLS.
Developer shall provide KMC the surface locations designated on Exhibit"A"(the"Oil
and Gas Operations Areas") for the Existing Well (a radius of 150' from the wellhead, and a
radius of 200' from the tank battery of the Existing Well for DFA and Milky Way,and a radius
of 250' from the wellhead for the Owners,the"Existing Oil and Gas Operations Area")and for
the Future Wells (the"Future Oil and Gas Operations Area")for any operations conducted by
KMC in connection with the Wells, including,but not limited to, drilling,directional drilling,
completions, workovers, well deepenings, recompletions, fracturing and lease operating
activities. Collectively, the Existing Well and the Future Wells are referred to herein as the
"Wells". Developer hereby consents to all of the operations of KMC described above which are
conducted in the Oil and Gas Operations Areas during the period from April 1st through
November 1st of each year. Except for the space associated with the Oil and Gas Operations
Areas, and associated with the access roads provided for in Section 5 below, KMC shall not
occupy the surface of the Property except in the event of an emergency or for reasonable
incidental, temporary or non-damaging activities, and KMC shall be strictly and solely
responsible for any property damages directly caused by KMC or that may occur on such
portions of the Property as a direct result of KMC's acts or omissions in either of the Oil and Gas
Operations Areas.
2 ADDITIONAL CONSIDERATIONS.
Contemporaneously with execution of this Agreement,Owners shall deliver a cashiers'
check or wire transfer of immediately available funds in the amount of$80,000.00 and DFA
shall deliver a cashiers' check or wire transfer of immediately available finds in the amount of
$40,000.00 (such payment totaling$120,000.00) to either(i) KMC, or(ii) an escrow account
with an escrow agent under an escrow agreement which is mutually acceptable to the parties
hereto. KMC acknowledges receipt of said funds by its execution of this Agreement. In
consideration of such payment,KMC hereby relinquishes,quit claims,abandons and releases its
surface use rights on the E/2NW/4 and W/2NE/4 of Section 10 on the Property,except on those
lands in the Oil and Gas Operations Areas, those lands associated with the access roads provided
for in Section 5 below,and those lands associated with the flowlines and pipelines provided for
in Section 7 below.
3 WELL LOCATIONS.
KMC shall have the right to drill Future Wells(including horizontal and directional wells
that produce from and drain lands other than the Property)at any location within the Oil and Gas
Operations Areas, so long as such locations are permitted locations under the then-applicable
well spacing regulations of the Colorado Oil and Gas Conservation Commission("COGCC").
Except as otherwise provided in Section 1 and 2 above and its rights within the Oil and Gas
Operations Areas as set forth in this Section 3,KMC shall not have the right to drill Wells on the
Property.
4 SURFACE RECLAMATION AND SURFACE DAMAGES.
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2893758 10/22/2001 12:32P JA Suki Tsukamoto
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KMC shall be responsible for all costs of reclamation for its activities on the Property and
shall perform same in a timely fashion pursuant to applicable law and regulations.
5 ACCESS.
a) Developer shall provide to KMC a 30-foot wide easement for access to the Oil and Gas
Operations Areas, The Existing Oil and Gas Operations Area has frontage to an existing
public road. An existing access road to the Future Oil and Gas Operations Area meets
the requirements of this paragraph. Any change to the path or course,by the Developers,
of the existing access roads will be at the Developers sole cost and expense. The altered
access roads shall be constructed at Developer's sole cost and expense, and shall be
constructed as all-weather surface(gravel)roads. Access shalt extend from either State
Highway 119 or Weld County Road 7'h. KMC shall maintain the access roads at its sole
cost and expense during the period of time that KMC conducts operations with respect to
its leasehold rights. If such access is not by means of public roads, upon the request of
KMC,Developer shall execute and record a separate easement and right-of-way in favor
of KMC,confirming the rights of access granted in this Agreement. Within an Oil and
Gas Operations Area, KMC may locate such roads as it determines necessary and
convenient for its operations, at its sole cost and expense.
b) Access to a Well may be changed by the mutual written agreement of Developer and
KMC; provided, however, all costs and expenses of the relocation shall be borne by
Developer.
c) Developer shall keep access used by Developer or the subdivision occupants and KMC in
good condition and repair until such roads are dedicated to the local governmental
jurisdiction; provided, however, if KMC, its agents, contractors, subcontractors or
invitees causes damage to a road or other improvements,KMC agrees to promptly repair
any damage so caused which is a direct result of the acts or omissions of KMC, its
agents, contractors, subcontractors or invitees. Neither KMC nor Developer shall
unreasonably interfere with the use by the other of an access road.
6 BATTERIES AND EQUIPMENT.
KMC shall have the right to locate, build, repair and maintain tanks, separators,
dehydrators,heaters,meters,compressors and other equipment reasonably appropriate for the
operation and production of the Wells within the Oil and Gas Operations Areas.
With respect to KMC's equipment and facilities other than pipelines:
a) KMC shall install and maintain,at its sole cost and expense,all fences around any Wells
in compliance with the Rules and Regulations of the COGCC,or as are mutually agreed
in writing by Developer and KMC. KMC shall install its standard warning signs on the
fences surrounding any Wells;
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2893758 10/2212001 12:32P JA SukiTsukamoto
4 of 18 II 95.00 D 0.00 Weld County CO
b) KMC shall install and maintain,at its sole cost and expense,all gates and locks necessary
for the security of any Wells. Such gates and locks shall be the standard gates and locks
used by KMC;
c) KMC shall paint all production facilities for any Wells,including wellhead guards,with
colors that are approved by the COGCC; and
d) Developer shall install and maintain,at its sole cost and expense,any and all landscaping
around any Wells. Developer shall not inhibit KMC's access to any Wells by
landscaping or other installations, and any landscaping or trail in an Oil and Gas
Operations Area which interferes with or impedes KMC's oil and gas operations will be
removed at Developer's sole cost and expense. KMC consents to installation by
Developer of landscaping,regional trails,and other landscaping improvements as shown
on the Idaho Creek Planned Unit Development within the Oil and Gas Operations Areas
and acknowledges that the Idaho Creek Homeowner's Association may maintain such
landscaping improvements and periodically mow native grass areas on the Existing Oil
and Gas Operations Area. Should KMC remove or damage any landscaping or trails
within an Oil and Gas Operations Area, Developer will be responsible for all costs
associated with the repair or replacement of such landscaping or trails.
7 FLOWLINES AND PIPELINES.
KMC shall have the right to lay any and all new flowlines and pipelines for gas and
liquids necessary in connection with KMC's production and transportation of oil and gas from
any Wells,which new flowlines and pipelines shall be located in public rights-of-way or adjacent
tracts or easements as shown on the subdivision plat of the residential portions of the Property.If
any new flowlines or pipelines are necessary, KMC agrees to locate and route such lines along
the access roads shown on Exhibit "A" or otherwise in the rights-of-way, tracts or easements
designated for such purposes on the plat of the Property, or on lands outside the Idaho Creek
Planned Unit Development,but within the boundaries of the Property. KMC agrees to restore
the surface of the Property or any improvements located thereon or therein to its prior condition
(including, without limitation, repair of curb, gutter, streets, sidewalks, and landscaping)
promptly after the completion of installation, maintenance,repair or replacement of any of its
facilities located in any such right-of-way,tract or easement. KMC further agrees to comply with
any and all applicable county, state or federal regulations pertaining to the location of such
pipeline or flowlines. All pipelines shall be located at a surface depth of approximately 48
inches from the final graded elevation. Flowlines, which are defined as those lines that carry
water or hydrocarbons from the wellhead to a production unit (such as a separator), shall be
buried to a surface depth of at least 36 inches. Developer shall furnish information regarding the
final grade of the Property to KMC. The construction and burying of flowlines and pipelines
shall be at the sole cost and expense of KMC or its gas purchaser. Developer and KMC shall
consult and cooperate regarding their respective development plans.
8 NOTICE OF OPERATIONS.
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•
2893758 10/22/2001 12:32P JA Suki Tsukamolo
5 of 18 R 95.00 D 0.00 Weld County CO
KMC shall provide at least fourteen(14)days prior written notice to Developer and/or
any homeowner's association formed by Developer of any operations in connection with Section
7 above or in connection with the reworking, fracturing, deepening or other operation on any
Wells;provided,however,that KMC shall provide at least thirty(30)days prior written notice to
Developer and/or any homeowners' association formed by Developer, of the drilling of any
Future Wells. Regardless of the foregoing notice requirements, KMC shall have immediate
access to the Property in the event of an emergency.
The Notification shall describe the following:
a) The proposed starting date for the proposed activity;
b) The proposed operations to be performed at the site;and
c) The approximate duration of the proposed activities.
Not less than five(5)working days prior to KMC's mobilization on either Oil and Gas
Operations Area. KMC,Developer or any homeowner's association formed by Developer may
request an on-site meeting. The purpose of the meeting shall be to inform such parties of the
expected activity and to coordinate site access, hazards, barricades, restoration or any other
issues that affect the use of and the safety of Developer's development.
9 NOTICE TO HOMEOWNERS AND BUILDERS.
Developer shall furnish all buyers of the Property from Developer with a plat or map
showing the Existing Well,future roads,the Oil and Gas Operations Areas and other related
facilities.
Developer shall provide record notice to all builders,homeowners and other buyers of
the Property from Developer and the homeowner's association that:
a) Such buyers are not purchasing and do not own any interest in the oil and gas mineral
estate;
b) There may be ongoing oil and gas operations and production at the Oil and Gas
Operations Areas on the surface of the Property;
c) There are likely to be Future Wells drilled and oil and gas operations and production
activities on the surface of the Property at the Oil and Gas Operations Areas;
d) Builders and other"wholesale" purchasers from Developer of portions of the Property
larger than one residential lot,and property zoned for multifamily use,as successors in
interest to Developer,will acquire rights under this Agreement and will assume those
obligations undertaken by Developer pursuant to this Agreement; and
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11111111111111111111111 MEI IQ 1111 111I lll
2893768 10/22/2001 12:32P JA Suld Tsukamoto
6 of 18 R 95.00 D 0.00 Weld County CO
e) Homeowner's associations and buyers of individual lots or homes, as successors in
interest to Developer,will acquire rights under this Agreement,but will be subject to the
waivers contained in Section 10 and the covenant contained in Section 11 of this
Agreement.
The requirements set forth in this Section 9 may be satisfied by Developer furnishing
recorded copies of this Agreement to the parties identified in this Section 9,or by recording
this agreement against the separate property parcels owned by the Developer.
10 DRILLING AND COMPLETION OPERATIONS.
KMC shall endeavor to diligently pursue drilling operations on the Property in a manner
that will minimize the total time period that a drilling rig is on the Property and to avoid rig
relocations or startup during the course of drilling. Developer waives any objections to
continuous(i.e.,24-hour)drilling operations with respect to the drilling of new wells at the site
of either of the Oil and Gas Operations Areas. Developer also waives any right to require that
wellhead or production equipment located at an Oil and Gas Operations Area be located in
conformance with any setback requirements(including but not limited to those concerning any
"high density"rules of the COGCC)that are more restrictive than those specified in Section I 1
or as depicted on Exhibit"A". Subject to the waiver of setback requirements as set forth above,
KMC shall conduct its operations in compliance with the provisions of the Rules and
Regulations of the COGCC as amended from time to time.
11 SETBACK REQUIREMENTS.
a) Any Future Well, at the time KMC initially drills it,shall be located at least 150 feet or
1.5 times the rig height,whichever is greater,from any occupied building,public road or
major above-ground utility line. If KMC desires to drill a Future Well less than 150 feet
from a public road, Developer shall provide to KMC any waivers necessary to enable
KMC to comply with the Rules and Regulations of the COGCC;
b) Consistent with the COGCC's Rules and Regulations, Developer shall not locate any
residential lot line within 150 feet from an Oil and Gas Operations Area; and
c) Developer shall not sell any portion of the Property or residential lot that does not meet
the criteria set forth in Section 11.b.above,unless and until the affected Well is plugged
and abandoned and KMC has provided notice that it does not anticipate drilling a new
Well at the abandoned location. The prohibition in this Section 11.c. shall not prevent
transfer of landscape, openspace or drainage tracts to any homeowner's association
formed by Developer.
12 GOVERNMENTAL PROCEEDINGS.
Developer shall not oppose KMC in any agency or governmental proceedings,including
but not limited to COGCC or local governmental body proceedings,related to KMC's drilling,
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193769 10/22/2001 12:32P JA Sukl Tsukamoto
of 18 R 96.00 D 0.00 Weld County CO
workovers,well deepenings,recompletions or other operations in either Oil and Gas Operations
Area,provided that KMC's position in such proceedings is consistent with this Agreement.
13 LIMITATION OF LIABILITY,RELEASE AND INDEMNITY.
a) NO PARTY SHALL BE LIABLE FOR,OR BE REQUIRED TO PAY FOR,SPECIAL,
PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL. OR INDIRECT
DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN IN GOOD
FAITH WITHIN THE SCOPE OF THIS AGREEMENT;
b) Except as to claims arising out of pollution or environmental damage(which claims are
governed by Section 14 below) or out of other provisions of this Agreement (which
claims shall be governed by the terms of this Agreement),each party shall be and remain
responsible for all liability arising out of those losses,claims,damages,demands,suits,
causes of action, fines, penalties,expenses and liabilities, including without limitation
• attorneys' fees and other costs associated therewith(all of the aforesaid herein referred to
collectively as"Claims"),arising out of or connected with each such party's ownership
or operations on the Property,no matter when asserted, subject to applicable statutes of
limitations. Each such party shall release,defend,indemnify and hold the other parties,
their officers, directors, shareholders, employees, successors and assigns, harmless
against all such Claims arising from the acts or omissions of the indemnifying party
giving rise to the subject Claims. This provision does not,and shall not he construed to,
create any rights in persons or entities not a party to this Agreement, nor does it create
any separate rights in parties to this Agreement other than the right to be indemnified for
Claims as provided herein;
c) KMC shall not permit any liens that arise out of KMC's acts or omissions to be filed on
or otherwise attached to, the Property, and in the event any such liens are filed by a
person pursuant to any statute or any lien attaches by operation of law or otherwise,KMC
shall take all necessary action, at its sole cost and expense, to have any such lien
discharged and released as promptly as practicable,except that KMC shall have the right
to file an operator's lien against other owners of the oil and gas leasehold interest to
recover amounts owed to KMC;
d) Developer shall not permit any liens which arise out of Developer's acts or omissions
to be filed on or otherwise attached to,the mineral estate associated with the Property,
and in the event any such liens are filed by a person pursuant to any statute or any lien
attaches by operation of law or otherwise, Developer shall take all necessary action,at
its sole cost and expense,to have any such lien discharged and released as promptly
as practicable;
e) Developer shall bear all risk of loss for any reason with respect to any improvements
constructed by Developer or its assigns that are located within either Oil and Gas
Operations Area,the non-public access roads contemplated in Section 5, or those
lands associated with the Bowlines and pipelines provided for in Section 7, and
Developer hereby waives and releases KMC and its affiliates, shareholders, officers,
agents, representatives,employees, successors and assigns,from any and all liability
PAWNS. 7
11IIIII 111111111111 III 1111111 II 11111111 III 11111 Ills 101
•
193758 10/22/2001 12:32P JA Sold Tsukamoto
d of 18 R 96.00 D 0.00 Weld County CO
for any claims,damages or losses associated in any way with such improvements or
surface damages thereon, regardless of any negligence on the part of or on behalf of
KMC or its affiliates, shareholders, officers,agents,representatives,employees,
successors or assigns;provided that Developer's obligation to bear the risk of loss and
the associated waiver and release of KMC is conditioned upon the obligation of KMC
to use reasonable care with respect to buried utilities and landscape improvements on
such lands; and
f) Upon the assignment or conveyance of a party's entire interest in the Property,that party
shall be released from its indemnification obligations in Section 13.b. above, for all
actions or occurrences happening after the assignment or conveyance;provided,however,
that the assignee of such party shall thereafter he deemed to have assumed the
indemnification obligations of such party as of the date of such assignment.
• 14 ENVIRONMENTAL INDEMNITY.
a) The provisions of Section 13 above, except for Section 13.a., shall not apply to any
environmental matters,which shall be governed exclusively by the following,subject to
the limitations of Section 13.a. above;
b) "Environmental Claims"shall mean all Claims asserted by governmental bodies or other
third parties for pollution or environmental damage of any kind,arising from operations
on or ownership of the Property or ownership of the oil and gas leasehold interest,
whichever is applicable, and all cleanup and remediation costs, fines and penalties
associated therewith,including but not limited to any Claims arising from Environmental
Laws or relating to asbestos or to naturally occurring radioactive material.
Environmental Claims shall not include the costs of any remediation undertaken
voluntarily by any party,unless such remediation is performed under the imminent threat
of a Claim by a governmental body or other third party;
c) "Environmental Laws"shall mean any laws, regulations,rules,ordinances, or order of
any governmental authority(ies),which relate to or otherwise impose liability,obligation,
or standards with respect to pollution or the protection of the environment,including but
not limited to,the Comprehensive Environmental Response,Compensation and Liability
Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act(33 U.S.C. §§
466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous
Material Transportation Act (49 U.S.C- §§ 1801 et seq.), the Clean Air Act, and the
Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and
d) "Environmental Indemnification" shall mean that KMC shall fully protect, indemnify,
defend and hold harmless Developer and any lot owner from any Environmental Claims
relating to the Property or oil and gas leasehold thereunder that arise out of its ownership
and operation of the Oil and Gas Operations Areas, and Developer shall fully protect,
indemnify, defend and hold harmless KMC from any and all Environmental Claims
relating to the Property that arise out of Developer's development of the Property.
CCCOMUT W.RIL411SCOaYHu'.LLIYITMit4PIWY'011 Ina 111YUM/IPTS PIP. vY9MU'MPPIyU4Pp0uminun1,Pw'
•.._I 111111111111111111 III 1111111 II 11111111 III 11111 IIII Jill
893758 10/22/2001 12:32P JA Sukl Tsukamoto
d of 18 R 95.00 0 0.00 Weld County C0 •
15 EXCLUSIONS FROM INDEMNITY.
The indemnification of any party herein shall not cover or include any amounts for which
the indemnified party recoups from third parties without judicial process,or that for which the
indemnified party is reimbursed by any third party. The indemnifications set forth in this
Agreement shall not relieve any party from its obligations to third parties.
16 NOTICE OF CLAIM FOR INDEMNIFICATION.
If a Claim is asserted against a party for which another party would be liable under the
provisions of Section 14 or 15 above, it is a condition precedent to the indemnifying party's
obligations hereunder that the indemnified party give the indemnifying party written notice of
such Claim setting forth all particulars of the Claim, as known by the indemnified party,
including a copy of the Claim(if it was a written Claim). The indemnified party shall make a
good faith effort to promptly notify the indemnifying party of receipt of a Claim and shall effect
such notice in all events within such time as will allow the indemnifying party to defend against
such Claim.
17 REPRESENTATIONS
The parties each represent to one another that it has the full right and authority to enter
into this Agreement. KMC does not represent that it has rights to settle matters for the mineral
owners in the Property. KMC only has rights as a mineral lessee and this Agreement only
pertains to KMC's rights. KMC represents that it is the sole and exclusive lessee of oil,gas and
other minerals with respect to the Property,and that no other person,firm or entity has any right
to develop, extract,remove or exploit the oil, gas and other minerals underlying the Property.
18 SUCCESSORS.
The terms,covenants and conditions hereof shall not be joint but rather shall be several
as to the parties comprising Developer as to the portion of the Property owned by such party.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns;provided that KMC's successors and assigns shall be deemed
to be limited to lessees under the oil and gas leases which KMC owns.
19 TERM.
This Agreement shall become effective when it is fully executed and shall remain in full
force and effect until KMC's leasehold estate on the Property expires or is terminated,and KMC
has plugged and abandoned all Wells and complied with the requirements of all applicable oil
and gas leases pertaining to removal of equipment,reclamation,cleanup and all other applicable
provisions of the leases and existing laws and regulations. When this Agreement ceases to be in
full force and effect,the parties shall execute any and all releases necessary to evidence the fact
that this Agreement shall no longer apply to the Property.
20 NOTICES.
•
PW lP.,, 9
•
•
11111111111111111 III 111111111111111111111111111111111
2893758 10/22/2001 12:32P JA Sukl Teukamolo
10 of 18 Ft 95.00 0 0.00 Weld County CO
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S.Mail,postage prepaid,addressed to each of the following:
If to KMC:
Kerr-McGee Rocky Mountain Corporation
1999 Broadway, Suite 3600
Denver,Colorado 80202
Attention: Land Manager
If to Developer:
Bromley 132, LLC
Parkwood Properties, LLC
Attention: Scott L. Carlson,Manager
PO Box 247
Eastlake, Colorado 80614
Dairy Farmers of America, Inc.
c/o Western Dairy Coop
PO Box 26427
Salt Lake City, Utah 84115
Milky Way Owner's Association, Inc.
c/o Western Dairy Coop
PO Box 26427
Salt Lake City,Utah 84115
Any party may, by written notice so delivered to the other parties, change the addressor
individual to which delivery shall thereafter be made.
21 RECORDING.
This Agreement,any amendment hereto,and any release entered into pursuant to Section
19 above, may be recorded by KMC or Developer,who shall provide the other parties with the
associated recording information as soon as practicable thereafter.
22 SURFACE DAMAGES.
In consideration of the parties'rights and obligations,as outlined herein,this Agreement
shall constitute the agreement for surface damages required pursuant to the COGCC's Rules and
Regulations and under any oil and gas lease between the parties for the Oil and Gas Operations
Areas.
23 ARBITRATION.
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•
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[893758 10/22/2001 12:32P JA 8uld Tiukamoto
11 of 18 R 96.00 0 0.00 Weld County CO
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be resolved by arbitration administered by the American Arbitration Association
under its commercial rules in Denver, Colorado, and judgment on the award rendered by the
arbitrator(s)may be entered in any court having jurisdiction thereof.
24 APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the law of the
• State of Colorado,without reference to its conflict of laws provisions.
25 ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties hereto regarding
the matters addressed herein,and supersedes any previous communications,representations or
agreement, whether oral or written. This Agreement shall not be amended, except in written
form signed by all parties.
26 OTHER ACTS AND DOCUMENTS.
The parties agree to undertake such other acts and execute and deliver such other
documents as may be reasonably appropriate or necessary to effect the purpose and intent of this
Agreement.
27 MERGER.
This Agreement represents the culmination of all prior negotiations,representations,and
agreements between the parties with respect to the purchase and sale contemplated hereby. All
such prior negotiations, representations, and agreements are merged herein.
28 COUNTERPARTS.
This agreement may be executed in any number of counterparts. Each such counterpart
shall be deemed to be an original but all such counterparts shall together constitute one and the
same agreement
The parties have executed this Agreement on the day and year first above written.
KERR-McGEE ROCKY MOUNTAIN CORPORATION
� Janet W. Pasquen.S
Vice Presidenttia
\
to 1137111 tt
111111111111111111!III 11111111111111111 III 1111111111111
2993758 10/2212001 12:32P JA Suki Teukamoto
12 of 18 f1 95.00 0 0.00 Weld County CO
DEVELOPER:
Bromley 132,LLC
By:
Name: Kent D. Carlson
Title: Manager
Parkwood Properties,LLC
By: r. GAON, _
Name: Clay . Carlson
Title: Manager
Dairy Farmers of America, Inc.
By:
Name:
Title:
Milky Way Owner's Association, Inc.
• By:
Name:
Title:
LYc'*axT NY 1trT,tny au4sgu'LLSRtana 4AvMn,%rIW4 m11Y IflS'lylo wvw*, wMaunaflInlllu�
l l l l l l 111111111111111111111111111111111111111111111111
2893758 10/22/2001 12:32P JA SuM Tsulmmoto
13 of 18 R 95.00 D 0.00 Weld County CO DEVELOPER:
Bromley 132,LLC
By:
Name: Kent D.Carlson
Title: Manager
Parkwood Properties,LLC
By:
Name: Clay F. Carlson
Title: Manager
Dairy Farmers of America,Inc.
By:
0.2rr'/ YJl1 d.t Axel
Name: 13EaN4-IS 00 egdciin414
Title: Asti5t4N/
Milky Way Owner's Association,Inc.
• By. I -
Name: I3F_R4'4/QD 13Ro w yr
Title: i4 SS/57A nf/ SEC nit
•
•
ACKNOWLEDGMENTS
STATE OF COLORADO ) MID III 111111 III 1111
CITY AND )ss. 2893758 10/22/2001 12:32P JA Suki Tsukamoto
COUNTY OF DENVER ) 14 of 18 R 96.00 D 0.00 Weld County CO
The foregoing instrument was acknowledged before me this Z114 dayof August 2001,by Janet W.Pasque as
Vice President of Kerr-McGee Rocky Mountain Corporation, a Delaware corporation, on behalf of that
corporation.
• segitness my hand.and official sealtesto
(S AL) LYNDA K. HENDRIX
ST A ET�F CagL DO datet(szy..
Notary Public
My Commission Expires:
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of August 2001, by
as for Mountain Empire
Dairymen's Association,Inc., a corporation,on behalf of that corporation.
Witness my hand and official seal.
(SEAL)
Notary Public
My Commission Expires:
STATE OF )
)Ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of August 2001, by
as for Milky Way
Owner's Association,Inc.,a corporation,on behalf of that corporation.
Witness my hand and official seal.
(SEAL)
Notary Public
. My Commission Expires:
cuvn.0
13
^I 111111111111���1111111 1111111111 III 11011 MIN
2893758 10/2212001 12:32P JA SukiTeukamoto
15 at 18 R 95.00 D 0.00 Weld County CO
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged be ore me thisovirtay of August 2001,by Kent D.
Carlson,as Manager of Bromley 132,LLC,a limited liability company on behalf of
that limited liability company.
Witness my hand and official seal.
(SEAL)
Nota lic
My Commission Expires: r7a Vat"'
STATE OF COLORADO)
) ss.
COUNTY OF 04124:4-4- At-
The -
The foregoing instrument was acknowledged before me this day of August 2001,by Clay F.
Carlson, as Manager of Parkwood Properties, LLC, a 6tEo:aced limited liability company on
behalf of that limited liability company.
•
Witness r �U011111 11 1 0/1Ip/.
3a11/snial seal.
(SEAL) , _,01891.
qt'p. j°UBL\c' .;vp\
Notary lic
/GAFOF CO..
My Commissiont iie ca/0,45i L/
(MY1faYU N0IIRv\Gel\4CNYLxYL41RIWY1\OYMN1'MNMIT iIIL[YIRMIYWYMRI\II�jY awnnsvt14M1 Yw.tRve MIEn
ACKNOWLEDGMENTS
STATE OF COLORADO ) 110111 IIIII 1111111 III 111011 II 11111 II III IIIIII III/III
CITY AND )ss. 2893758 10/22/2001 12:32P JR 8ukl Tsukamoto
COUNTY OF DENVER ) 16 0l 18 R 95.00 D 0.00 Weld County CD
The foregoing instrument was acknowledged before me this day of August 2001,by Janet W.Pasqua as
Attorney-in-Fact for HS Resources,Inc.,a Delaware corporation,on behalf of that corporation.
Witness my hand and official seal.
(SEAL)
Notary Public
My Commission Expires:
STATE OF"-- Via'
)ss.
COUNTY OF• ,04--e.,.4-
The foregoing )' strwnent was acknowled ed before this =y of August 2001, by
114 .O5ir�. 4.—xt,(.--as 1 L} • -2_74.,ffi for Mountain Empire
Dairymen's Association, Inc.,a — corporation,on Thalf of that corporation.
-• `•1 Wtitiie ustny hand and official seal.
U. `, .4. . .. I_
. Notary Public
DAISY IJAE JOHNSON
-MycorttmissionExpires: NotaryPuetic.SutealMissanf p
creeneCou JOG 5.2003 -:
STATE 1.
�) MycamnxsanENm
ss.
COUNTY ORc¢
The foregoing ' ment was acknowled ed before a this 2Z.'day of August 2001, by
�Ntgt,l? as ( J - ACLU y for Milky Way
Owner's Association,Inc.,a — corporation,on behalf of that corporation.
Wjtnes6 myband and official seal.
..r.� tuel��•...,
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.. 3` SE*� •;' .: Notary Public
My IG6i ssioq'txp}res:
DAISY ME,JONNSON
.Noa7P =swemMissouri
Greene County
MytNhEinasion Eviree:June 5,2003 13
1O I I EASE?' \ DESCRIPTION.
•
GINNING AT THE SOUTHEAST CORNER OF LOT B. BLOCK 1 OF G ro
'i / 1 WESTERN DAIRYMEN COOPERATIVE. INC. SUBDIVISION A PART OF THE = .
NORTH HALF (N1/2) OF SECTION 10. T2N, R6BW OF THE 6th PM, - T
it'' I WELD COUNTY COLORADO AND CONSIDERING THE SOUTH LINE OF SAID �g limm
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SUBDIVISION TO BEAR S89.01'39'W AS RECORDED UNDER RECEPTION °D
NUMBER 2590085 OF WELD COUNTY RECORDS; mom=
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THENCE NOO'35'02' W, 243.45 FEET; amiti--
• �� THENCE FROM THE BEGINNING OF LEFT CURVE FROM WHICH THE ....nom.
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1 / Z RADIUS POINT BEARS SO4'46'50'W. WESTERLY AND SOUTHWESTERLY c$w
• 288.56 FEET ALONG THE CURVE CONCAVE TO THE SOUTHEAST, -
)y HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 82'40'01' a
101 fi t i ~ Iti 9g 1 I O TO A POINT OF CUSP ON A CURVE, FROM WHICH THE RADIUS POINT o-.-
�•V . BEARS 536'01'43'E; oo^?s=s
Afar `.i' I / 41 THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 110.52 FEET S3'�
' , CT ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHEAST HAVING Ca
O A RADIUS OF 150.00 FEET AND A CENTRAL ANGLE OF 42'12'51' c.a.
• h p I N SOUTHEASTTCOR BEAR ON THE S S89 01UTH N39 W.OF S273.36AID TFEETRON WHENCE THE mamas
�r .h~ 1 . 1 .) ACH 1 i THENCE S89'01'39'W. 101.49 FEET ALONG THE SOUTH LINE OF SAID 'c o a�
IL f N LOT B TO A CURVE; ���
lb THENCE ALONG SAID CURVE 557.16 FEET ALONG THE ARC OF SAID e
9.� / CURVE
CENTRALCANGLE 1 TO 27'4E 1'2B" AND BEING SUBTENDED BY A5CHORDT AND omm
4 r A WHICH BEARS 557'13'15"E. 446.80 FEET TO THE EAST LINE OF o...
O IDAHO CREEK SUBDIVISION; o^—
•
1 I I O THENCE NO0.35'02'W, 249.36 FEET TO THE POINT OF BEGINNING. ��
9" 1 .33' _ _ __
• N89'0 39"E 2J�. I SAID PARCEL CONTAINS 3.21 ACR S. MORE OR LESS.
Ye I POINT OF
/ I o BEGINNING
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2PD, 20 WATER LINF.P1 Q
EASEMENT
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rust sy 4 ROO Leas» SCALE: 1"=100'
I PICKETT ENGINEERING. INC . HS RESOURCES
808 8th STREETGREELEY EXHIBIT ' A ' EXISTING OIL AND
Pit 970 fix CO a e 80831
-8488 GAS OPERATIONS AREA
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10 al 11 TI 96.00 D 0.00 Weld manly CO
WEST LINE OF WESTERN DAIRYMEN
COOPERATI INC. SUBDIVISION Q
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