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Home My WebLink About20041238.tiff ., L,_ BOARD OF COUNTY COMMISSIONERS PHONE (970) 336-7204, Ext. 4200 r /! OT FAX: (970) 352-0242 WIlD P. O. BOX 758 C. y, GREELEY, COLORADO 80632 D COLORADO March 15, 2004 Western Equipment and Truck, Inc. Attn: Craig Sparrow 2055 First Avenue Greeley, Colorado 80631 Dear Mr. Sparrow: Your application for a Site Specific Development Plan and Use by Special Review Permit #1460 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (vehicle maintenance, repair, parts supply and sales, paint booth, retail, truck stop facilities, and vehicle sales) in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lot B of Recorded Exemption #3284; being part of the N1/2 NW1/4 of Section 24, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. In order to proceed as quickly as possible, we must receive your reply by April 14, 2004. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO \W ()- f Robert D. Masden, Chair RDM/eeg 8 I/we, , do hereby request the Board of County Commissioners to sider above mentioned application. EXHIBIT 2004-1238 I7/56t/4tb ' , uHelitenp EQUIPMENT&TRUCK, INC. USED'MUCK AND MAILER SALES ',1 2055 1st AVENUE (970) 353-6682 ® ® •'e ® GREELEY, CO 80631 1 (800) 423-7700 Providing Our Customers With Quality Used Trucks and Equipment since 1963 ,d County Planning Depn,' GREELEY OFFICI March 5, 2004 MAR 1 8 2004 Department of Planning Services REC U 1555 N. 17"'Avenue Greeley, CO 80631 RE: USR Dear Michelle Katyryniuk: Bob Condon is the Project Manager, representing Western Equipment&Truck, Inc. in all matters regarding the Request for Special Review Permit on the property located on US Highway 34 and County Road 47. Bob Condon is authorized to answer any questions and to speak on my behalf regarding the USR application. If you have any questions, please feel free to contact me. Thank You, e72. 5 Craig rrow President, Western Equipment&Truck, Inc. E"_j • ow 1 _ r rx Weld County Planning Department • GREELEY OFFICE STATE OF COLORADO MAR 1 9 2001- LolsOR'4o0 Bill Owens, Governor RECk'^ ��E;;*_�, b DEPARTMENT OF NATURAL RESOURCES C �.,,la - DIVISION OF WILDLIFE �J,, ..., v qv OF sti‘ AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT Russell George, Director 6060 For Wildlife- Russell Broadway For People Denver, Colorado 80216 �. Telephone: 1303) 297-1192 ft February 24, 2004 Fri rri Michelle Katyryniuk 0 r,,, Weld County Planning Department -' , { • 1555 N. 17th Ave. �? Greeley, CO 80631 RE: Case Number USR-1460 "' Dear Michelle, I received and reviewed the proposal for the site specific development plan. During the review Chad Morgan, District Wildlife Manager, made a site visit to the parcel. In this letter you will find the Division of Wildlife comments concerning the proposal.\ r-. It is the Division of Wildlife's recommendations that: (1) Any fences erected on the site follow the guidelines found below. (2) Any ground breaking construction take place after August 15 and before April 1 to alleviate any negative impacts on ground nesting birds. (3) A weed management plan be developed to help prevent the spread of noxious weeds. The site is located south of US Highway 34 and east of Weld County Road 47. It appears that some construction has taken place, but based on past knowledge of the area, it was once in agricultural production. The surrounding areas are mostly used for agricultural practices. During the site visit, flocks of Canada Geese were seen in surrounding fields. It is also not uncommon to see different species of raptors hunting the surrounding fields. We are concerned for the safety of the deer in the area if fences are erected, as some types of fencing can be dangerous and even fatal to deer. Therefore, we recommend that if any fencing is to be used within or around development sites, either during or after the project, it should be the type that would allow the free passage of wildlife. Fencing plans should avoid the use of woven wire type fences that will trap or prevent movement of wildlife. The Division of Wildlife prefers the use of three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches, along with installation of double stays between posts. The short grass with the bare ground makes for desirable nesting habitat for many of the ground-nesting birds. Human activities around these nests can have negative impacts on them. It is recommended that DEPARTMENT OF NATURAL RESOURCES, Greg E.Walcher, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair•Philip James, Vice-Chair•Olive Valdez, Secretary Members, Bernard Black•Tom Burke•Jeffrey Crawford • Brad Phelps• Robert Shoemaker• Ken Torres Ex-Officio Members, Greg E. Walcher and Don Ament any construction that takes place on the site occurs before April 1 and after August 15 to minimize any impacts that human activity may have on these nests. With new construction taking place and machinery being transported from one site to another, it is important to help prevent the spread of noxious weeds. Noxious weeds reduce property value and wildlife habitat. Care should be taken to avoid spreading and introducing noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are recognized. The area should be promptly revegetated using native species to prevent erosion and invasions by weeds. It is also recommended that a weed management plan be developed for the site to help prevent the spread of noxious weeds. On behalf of the Division of Wildlife I would like to thank you for the opportunity to review and comment on this proposal. I would be happy to answer any questions the applicant or you have. Please feel free to call Chad Morgan at 970-356-6528. Sincerely, " L_.C /e:w t- , Scott 4over Regional Manager, CDOW Cc: Dave Clarkson, Area Wildlife Manager CDOW Chad Morgan, District Wildlife Manager CDOW Mike Sherman, Habitat Biologist CDOW file M1� P ib. '.` y.�. ~1nx. I ff d r s 1 — n t NNBB pty�;;ea�y,„„ Syr fi �o-4''' sa 4, , — � r , .a S -444,44.;„ �' ,"7., �11*u{ .std {R'✓� rdk t'.1"41-, k. � :�x�>, �e F.r�� a ASth; M ppff �p5,fyyy}y� f ^b7 sq tiptriiVr9R.pp .. a Sa n z,., y, iac rya.k ;t�T OFIlairn 4S s, ��I Al I. - —„..r »: . ,r, , ''-w+ .3 w �� N9r� ' ur ' 5� � lh { 4 N ik -0 Y J iF'M t .MiNI. • -k+` w r ry � . 4 .,e F f A •.. ₹ s a r % i#x ^ K it �-a s s r x �' ' K '4& a 3'a.+ a '••ro :_,.:i.,...-i .xx s*a `ro'f 9 �".' s" f" r..?-w ' T7�A • t9 7JtT 4. EXHIBIT I l�l.I BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS April 23, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Michelle Katyryniuk, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR- 1460 IN THE AGRICULTURAL ZONE DISTRICT. Michelle Katyryniuk ni f o o ing Sign •/V (71/6 -Sig azure of Per . osting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) L The foregoing instrument was subscribed and sworn to me thi day of / ( , 2004. WITNESS my hand and official seal. JI• � . , � � - �C A /7 ) 12 Notary Public ( / • My Commission Expires: lam C�1� 45/. it/�17 May- 27-O4 02 : 52P 1 P. 02 Weld County Planning Department aWei GREELEY OFFICE MAY 1 8 2004 CENTRAL WELD COUNTY WATER DISTRICRECEIVED May 17, 2004 Western Equipment c/o Bob Condon 2055 1 s`Avenue Greeley, CO 80631 RE: Tap Analysis Dear Mr. Condon; As requested, the District has evaluated the availability of water service for a new commercial tap in the southeastern corner of the intersection of Weld Co. Rd. 54 (Highway 34) and Weld Co. Rd. 47. The District has a 4-inch waterline in Weld Co. Rd. 54, and a 3-inch waterline in Weld Co. Rd. 47 that may supply the proposed tap. The current minimum pressures at the intersection of Weld Co. Rd. 54 and 47 range from 95 psi to 105 psi. A '/e" tap was previously approved to service a portion of the site. However, this water meter was not sized to provide service to the entire site and estimated demands have not been provided. Therefore, a hydraulic analysis was completed to determine an estimated water demand of the site, the tap size requirement for this type of development and the effects on the District's water system. According to AWWA's Forecasting Urban Water Demand, the typical water use in a warehouse is approximated by 0.04 gpd per square foot of floor space and water use in an office is typically 0.09 gpd per square foot of floor space. There is also 24.56 acres of land with undeclared use. For this study, it was assumed that the area would be standard commercial (0.09 gpd/ft2) and the building would cover '/4 of the site. This assumption would therefore add 267,460 square feet of additional commercial use. This results in a total water demand of approximately 28,225 gpd(20 gpm, assuming demands were equal all day long). Using a maximum day factor of 1.3 the demand is then 26 gpm. This equates to 20 5/8-inch residential taps as one typical 5/8-inch tap provides 1.3 gpm max day demand. Please note these estimates do not include irrigation demands. Before a final determination is made, the developer needs to provide more definitive information regarding plans for the property. For this analysis. PRV 401 was set at 110 psi (summer setting). After adding the proposed tap demand of 26 gpm to the computer model, the pressures were predicted to range from 91 psi to 101 psi. These pressures are within the guidelines set forth in the master plan, greater than 35 psi for peak hour. Adding this tap at the proposed location will not have an adverse effect on the existing customers. • 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax (970)353-5865 John W.Zadel,General Manager Play- 17-04 02 : 53P P.03 Page 2 Tap Analysis The available fire flow in areas served by small diameter lines in very limited. The available fire flow at this location is 200 gpm at a 20 psi residual pressure with the existing lines. If you have any questions regarding the above, please advise Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JLW/rg Cc: Town of LaSalle Fire Department EQUIPMENT&TRUCK, INC. USW--I AND RA�ER wars l I 2055 1st AVENUE (970) 353-6682 0.0 o f`' GREELEY, CO 80631 1 (800) 423-7700 Providing Our Customers With Quality Used Trucks and Equipment since 1963 Weld County Planning Department CREEL EY OFFICE MAY 1 4 2004 RECE$VED Michelle Katyryniuk Weld County Department of Planning Services 1555 N 17th Ave. Greeley, Co 80631 May 13, 2004 Dear Ms. Katyryniuk: Following are some of our plans to address issues listed as proposed conditions of approval and development standards if our USR# 1460 were to be approved by the Commissioners. Items A & B will be addressed on Plat drawings. Items C 1, 3-5, and7 will be addressed on Plat C 2 If approved we will engage a lighting designer to accomplish this C 6 If approved, we will submit irrigation plans. We have retained enough water rights to augment existing well. Item D If approved, we will submit a master drainage plan Item E Weld County Public Works. In our current drawings we have addressed the main concerns as follows Access. North entrance is now 200' off of Hwy 34, Gates are well back from right of way so not to cause staging or parking on WCR 47. All entrances to WCR 47 have sufficient radius. Stop sign locations are shown Second access. This is shown as 60 ft. ROW. It will be paved from WCR 47 to the first area driveway, and paved further as additional areas 2 through 7 are developed. CDOT will likely approve the east access if we are able to combine the three driveways which are currently there. We are working with adjacent landowners on this. We have also shown a cul-de-sac for turn around use even if the access is approved Right -of-way CDOT has not indicated any striping or other improvements at this time. Off- street parking and circulation. We have shown future access road and extent of paving for area I. Exact circulation for areas 2 through 7 will be shown as those areas develop. County approval will be required for each of those areas. Parking is shown for area 1 and will be shown for each additional area when each use is applied for. Storm water drainage. A storm water management plan will be submitted for the entire site with steps to be done as each area develops. Noxious weeds will be controlled by mowing and or spraying. F. The LaSalle Fire Protection District will determine that the fire flow needed. The Hydraulic study from CWCWD uses this number. The fife department also requests, in addition to all standard fire wall ratings, that there be sprinkler protection in the office and warehouse areas. They also request an external connection which may be charged from a pumper. Applicant will address these issues in building design for permits at which time the fire district will have the opportunity to review and approve plans. G. City of Greeley items 1-3 These are also regulated by County ordinances and we have covered these in our drawings. Item 4 main drives and parking paved. Trailer parking and overflow truck parking are graveL Item 5 utilities will be underground except for power line along south side of Hwy 34. Item 6. Mechanical equipment will be concealed from view from ROW Item 7 landscape plan shows buffering by trees, fences and berms. H. Soils information has been reviewed and noted. I. The applicant will enter into an improvements agreement if necessary. J. see attached K. The plans for area I show 170 parking spaces as required for this facility. Additional area parking for areas 2 through 7 will depend on size of building and use. This will be shown on subsequent applications for those areas. L. The employees at the first building in areal will be 25 immediately with the number rising to about 50 in 2 to 3 years. The employees will be divided over 2 shifts. Employees at subsequent buildings in area 2 through 7 might be similar for each application but it is hard to predict. M. Detail plans for permit will show the ADA standards and compliance. N. The paint booth will be applied for under a separate building permit and all emissions standards will be met. O. &P. Literature and specifications on the water recycling system have been submitted to the DPHE. Applicant is still en_•aged in study of the standards required for the eventual fate of the water. Q. see attached letter to DPHE regarding removal of septic system. R, New TSDS will be designed for this facility. S.There will be no outside oil or fuel storage tanks in the area 1 use. Any tanks in subsequent use for areas 2 through 7 will comply. T. Storm water management plan will include a storm water discharge permit if needed. U. Proposed tenant for area I will prepare a waste handling plan. V. No storm water will enter the Latham ditch. Written proof will be submitted to show ditch company approval of retention pond plans. W. will submit X. Agreements are nearly finalized with Merit Energy and should be available by May 18 The easement of record on the deed provides protection for the Duke energy line. We are ready to complete the agreement with Kerr McGee but have had considerable trouble getting return communication from them. (see attached letter) Y. The applicant plans to put one sign on the corner of 16 square feet or less to Show the area as 34 Transportation center. Rush Truck Center,the tenant in areal requires a standard Peterbilt sign as illustrated on the attached page. The location of this is shown on the plat. Z. Central Weld County Water District is completing a hydraulic study and will then issue letter of service. This should be ready by May 18. We will present evidence to support our contention that this application would be compatible with sections 23-2-230.B 1-7 of the Weld County Code. On item 28 of the development standards I have attached a sketch showing area A & B. Area A is to be leased to Rush Enterprises (The Peterbilt dealer)for use as a new and used truck sales branch including parts sales, repair, body shop and all other activities typically associated with a dealership. A copy of the lease can be provided at a later time if this use is approved. Area B is for use by Western equipment to store trailers and or used trucks. Western does not plan to put a sales office here,just storage. Applicant would fence off area B as soon as drainage plans could be approved and the area graded. The Western trailers now on site would be moved into the yard. Rush Enterprises would like to put some used truck inventory into this yard until their facility is complete. They might put an office trailer there in conjunction with the construction office at the site so that a used truck salesman could be there. Rush has outgrown the facility where they arc now and they will move somewhere else next year. This site would work well for their business and allow creation of about 20 or more jobs that are not now in the Weld county area. I would be happy to meet with you to clarify any of these points further or discuss them over the phone. You can contact me at 303-931-1591. Sincerely Bob Condon Project Manager tuiplitatin EQUIPMENT&TRUCK, INC. airg Department `If FILE USED TRUCK — AND TRAILER SALES I i 2055 1st AVENUE 1 4 ?hint) 353-6682 0• 0.0 Q. GREELEY, CO 80631tar,g (8E00�423-7700 Providing Our Customers With Quality Used Trucks and Equip'me`nt since 1 b April 28,2004 Weld County Department of Public Health and Environment Re: Parcel #0961-24200038 Legal description Lot B, R.E.#3284 Section 24 T5N R65 W Dear Sirs: During the week of March 151h 2004,crews from Western Equipment traced the septic lines from the house to a two tank system. The tanks were empty when inspected. Both tanks were excavated and removed to the Ault landfill as well as some contaminated soil immediately surrounding the tanks. There was no septic system from the dairy barn. All manure from the barn&corral pits was spread on fields for agricultural use. Sincerely 0- Craig S ehlerder-- Presiden Western Equipment&Truck Inc. . • ,inning Department aufreAtatin EQUIPMENT&TRUCK, INC. nFFICE USED TRUCK 1 , Z004 AND TMILERSALES (,,I 2055 1st AVENUE (970 353-6682 ®-® ®•ID • GREELEY, CO 80631 1VE 4 3-7700 Providing Our Customers With Quality Used Trucks and Equipment since 1963 CORPORATE RESOLUTION TO CONDUCT BUSINESS FOR LAND DEVELOPMENT On this 10th day of April 2004, the board of Western Equipment & Truck, Inc. met and decided that Craig Sparrow has full power to conduct any and all business for Western Equipment & Truck, Inc. in any land or land development dealings. President: Craig S ow Autho d Signer for Western Equipment &T , Inc.,A Colorado Corporation Secretary: a/k/-a-Il C t ytrt,.— Brian Sparrow Authorized Signer for Western Equipment &Truck, Inc., A Colorado Corporation MOW MAY-13-2004 11:11 COMPASS NW LOVELAND 970 563 4384 P.02/05 nay u• 2004 1:21PM FLRSERJET 3330 p.2 • Colorado$earesaey of•Reta - Page 1 oil Entity Detail a;nty Planning Dep- and Doa 'rFLEY OFFICE ri.+Y 1 4 2004 Name W £ TRUCK INC, , WliSTISISSIS �� 1VEL Sadly Tyra CORPORATION Plliro Date: O 114111$3 Datum GOOD s of z P201000: ro Term: PIMPICTVAL Inaefive Dmr. N/A Um Report: 05.940004 lot Report 3.841164211 Fills' I;1 Noma . ltaaatvaion WA RG4 Registered Adept Naptac SPARROW CRAIG Physical Adagio: 2155 in AVE GZEZLZY Coln . ISM PO Amt: Now NS*AMINE 2155 1ST Alit GRIME( CO • $081 Salted Saw Oacoadaty AdMmt: • littp://www.sonodo.00.ustosi-lbria/fortectilfeta araporedeaProdAeoeea13211Q1na01F081B2... 5/4/04 Page 1 of 1 • Planning Der -1 EY OFFICE �_Fiie i DONETTA DAVIDSON 14 2004' 2004 Periodic Report Colorado secretary of State" DIVE. File Number:2004:111;42'12 Filing Fee: x.0;1 Filed: MIy 4:2004"'0206.PM MDT - Entity ID Number: 19871SQ S Entity Name: a WESTERN EbUIPM18P/T&TRUCK INC. Jurisdiction of Formation: CO Person responsible for accuracy CRAIG SPARROW of report data: 2055 1ST AVE GREELEY CO 80631 Name of Entity's Registered Agent: SPARROW CRAIG Street Address of Registered Office: 2055 1ST AVE GREELEY CO 80631 "PO Box Addr of Registered Office: Address of Entity's Principal Office: 2055 1ST AVE GREELEY CO 80631. United States "Entity's Additional Mailing Address: 'Denotes optional information that is not required by law If no information is displayed far ties item.none was reported by Me reporting entity. AN information available fo the Secretary of State is displayed above. NOTICE: this"image"is merely a Splay of information that was Ned efeclronicallv q S not an Image Mat was created by document y s available ngg a paper document. .such paper document was Ned Consequently,no copy of a paper Question? Contact Me Business Division. For contact information,please visit Me Secretary of State's web http://www.sos.state.co.us/forte/tmpdocs/C1987508825_2004164212_00002_H.gif 5/13/04 PETERBILT/DEALER IDENTIFICATION SIGN PROGRAM Page 2 Weld Connti Planni^o. Department PRFF[ Fr n! FICF MAY 1 4 26C1 HI. ORDERING SIGNS -BASIC POLICIES �j A. All new sign orders should be placed through the D1Aph�Altf�epartment. The Dealer Development Department will supply information on any available used signs. B. All signs will be provided by Tek Signs, 6415 Viscount Road, Mississaugua, Ontario L4V1H5 Phone—(905) 677-6361 fax (905) 677-7361. C. Only signs produced or certified by Tek are included under this policy unless other special arrangements are made with Peterbilt in advance. IV. SIGNS AVAILABLE The major identification for Peterbilt dealerships is a line of free-standing, single or double-faced signs available in three models: PETERBILT Official Sign Program I:ff=1' 17 till x 2906'wide oval sh+wsn at 55 total height Total height may raq from 40-33. 41. C() � IB =1' gEt. D g tall v I'Y wide oSW sluwn at 411 total he,ght Total height ma1'rat)from^_0-4tt. 41' *--1=r 4' x 16' optional dealer sign I If=It .... . .............. 4'tall x 9'6'wiile oval shw'n l xl� 4 2(1 loll height Taal height may van from 3-2 l' optional L. dealer sign 1 1 H_ Pea 7 4 C t>FIIM+nvl dealer sign ‘10s I Complete details on materials and construction are included in the contract between Peterbilt Motors Company and Tek Signs and are available to Dealers upon request. Weld County Planning Department (1REELEY OFFICE MAY 1 4 2004 FID3. A atio CAP . so,/ 1IV MONlAiENT 9f1X LS Mo4, 1902 X - I (t._, _ XX -- �o' EASEMENT I i f �► w ,• �- _� EASEMENT I l I I I fWl Il I 1 9-88 ± AC Q..* RECEWED 5 PART I x / 1 7.150 so FT.I SHCP 7.000 SO. Ft - 4 ' CATE 111 j IP I T _ il 1 ; i I {t It 2 ✓ l 26.002 a 1 Y 15. CAS -xi TOOL 9f / 30' GAS I j x BAT QAY ,.. g EA IT • _ I -._- 1 I X / N. ..N\.;. I . I 11 � 1 I I jt I - I11ftIiiiiiiI GM ' I2 ITRUCK PARKING I I 3 )•< CRA SS • X UJthUllhI _ . . __V• G/DITCIi 1 im� PAVED ;- -• `-� N =END ACCESS-\` �( . _x__ CIiAIMLINK FFTiC£ i i 3E X- X PPE RAIL FENCE P %Yc% 7` nay Y �' ,� /,, - - , C.'-1 s r , .___X-i9. 3, Weld County Planning Department CREEtFY OFFICE MAY 1 4 2004 RECEIVED 744 _ A. a FACILITIES RELOCATION AGREEMENT AND SURFACE USE AGREEMENT THIS FACILITIES RELOCATION AGREEMENT AND SURFACE USE AGREEMENT is made and entered into this th day of May, 2004 and is by and between MERIT ENERGY COMPANY, a Delaware corporation with an address of 13727 Noel Road, Suite 500, Dallas, Texas 75240 and its successors and assigns ("Merit") and WESTERN EQUIPMENT & TRUCK CO., INC., its successors and assigns ("Surface Owner"). RECITALS A. Merit is the operator of the following described oil and gas well: Nadine 1-24 (the "Well") located on the NW/4NW/4 of Section 24, T5N, R65W (the "Land"). B. Surface owner has requested that Merit relocate the production facilities for the Well to include production stock tanks, water vault and the separator that service the Well ("Surface Facilities") and the flowline for the Well, to include the construction of metal sleeves for those portions of the flowline that crosses under paved roads or the routes of proposed roads that are to be paved, for the convenience of Surface Owner and to facilitate the development of the surface by Surface Owner from the present location of the Surface Facilities to the locations depicted on Exhibit A attached hereto and made a part hereof. C. Merit has agreed to relocate the Surface Facilities and the flowline for the Well for the convenience of Surface Owner pursuant to the terms of this Agreement. D. The relocation of facilities may include one or more of the following activities: The relocation of production tank, separator, water vault and other surface equipment that supports production from the Well; The installation of new flowline from the Well to the relocated Surface Facilities for the Well and the construction of metal sleeves for those portions of the flowline that crosses under paved roads or the routes of proposed roads that are to be paved; 1 r. The abandonment of existing flowline for the Well. The abandonment of the flowline for the Well will be conducted in accordance with applicable COGCC rules then in effect; and The construction of new access roads to the relocated production facilities, all as depicted on Exhibit A. AGREEMENT IN CONSIDERATION OF THE PREMISES and of the mutual covenants contained herein and of the mutual benefits to be derived hereunder, Merit and Surface owner agree as follows: 1. Merit has agreed to relocate the Surface Facilities and the flowline for the Well from their present locations to the locations depicted on Exhibit A. 2. At such time as Surface Owner desires to have Merit relocate the Surface Facilities and the flowline, it will give Merit written notice requesting the relocation of same (the "Relocation Notice"). 3. Within thirty (30) days of actual receipt of the Relocation Notice, Merit will obtain from a third party roustabout service, a written estimate of the cost of the relocation of the Surface Facilities and the flowline (the "Estimate"). If, for any reason, more than ninety (90) days elapse between the receipt of the Estimate and the commencement of the relocation of the Surface Facilities and the flowline, Merit will obtain from a third party roustabout service and submit to Surface Owner a new Estimate of the costs to be incurred in relocating the Surface Facilities and the flowline. 4. Within thirty (30) days after receiving the Estimate, Surface Owner will pay Merit the amount of the Estimate in immediately available funds. Surface Owner recognizes that the Estimate may have to be revised depending on time elapsed since the Estimate was originated. If the Estimate is revised, Merit and Surface Owner will make appropriate adjustments before work is undertaken to relocate the Surface Facilities and flowline. Subject to obtaining the necessary permits, authorizations, equipment and roustabout crews, Merit will relocate Surface Facilities and the flowline to the locations depicted on Exhibit A within sixty (60) days of receiving funds in the amount of the Estimate from Surface Owner. 5. If the reasonable actual costs of relocating the Surface Facilities and flowlines exceed the Estimate, Surface Owner will pay Merit the difference within ten (10) days of receipt of Merit's invoice therefore, and if actual costs are less than the Estimate, Merit will refund to Surface Owner the difference within forty- five (45) days of sending Surface Owner an invoice therefor. Actual costs 2 include, but are not limited to, all out-of-pocket expenses, the wages and benefits of any employees of Merit engaged in relocating the Surface Facilities and flowline that are included in the Estimate and a reasonable charge for overhead in an amount equal to ten percent (10%) of the actual costs. 6. With respect to the flowline located on the Land that services the Well, Surface Owner agrees not to construct any structures or improvements of any kind within fifteen feet (15') of either side of the flowlines. Surface Owner agrees, at its sole cost and expense, to survey the location of the Well, the route of the flowline, the location of the relocated Surface Facilities and the access to each of them within thirty (30) days of date Merit notifies Surface Owner that the relocation activities contemplated by this Agreement have been completed and to provide Merit with a copy of the survey as soon as it is completed. After the Surface Facilities and flowline have been relocated pursuant to the terms of this Agreement, and upon the written request of Merit, Surface Owner will, at its expense, prepare, execute, acknowledge and deliver to Merit an easement in a recordable form and in a form reasonably acceptable to Merit for access to the Well, the flowline, the site of the Surface Facilities. 7. Surface Owner hereby agrees to maintain for Merit and its successors and assigns, a flat working space around the Well consisting of a radius of not less than 150 feet around the wellhead of the Well. Surface Owner and its successors and assigns will construct no above ground structures of any kind within the working area, including, but not limited to landscaping, without the express written prior consent of Merit which consent may be withheld for safety and/or operational reasons. If Merit consents to the construction of any structures or improvements within the working area, Merit will not be liable to Surface Owner for any and all damage and destruction to such structures caused or incurred as a result of Merit's operation and maintenance operations on the Well. Surface Owner, for itself and its successors and assigns, hereby specifically releases Merit and its successors and assigns from any and all damage and destruction to such structures caused or incurred as a result of Merit's operation and maintenance operations on the Well. 8. Surface Owner shall, at Merit's direction, install and maintain, at its sole cost and expense, fences, being at least 6' high chain link fences, gates and locks securing the Well and Production Facilities from access by non-authorized third parties. The fences, gates and locks will be the property of Merit and Merit will maintain the same as may be necessary to keep them in good working order and repaired. Subject to the terms of Paragraph 7 concerning damage and destruction of surface structures, Surface Owner may, with the express, prior written consent of Merit, which consent shall not be unreasonably withheld, install and maintain at its sole cost and expense, visual screening materials, fencing and landscaping around the Well and Surface Facilities. The materials and the location of the materials must be approved in advance by Merit, which approval 3 shall not be unreasonably withheld, provided that Merit may withhold consent for safety and/or operational reasons. 9. This Agreement is being entered into in accordance with requests made by Surface Owner to facilitate its development plans for the Land. Accordingly, and except as provided herein, Surface Owner, for itself and its successors and assigns, hereby waives the provisions of the applicable rules and regulations and the provisions, if any, of the oil and gas lease or leases covering the Land, relating to reclamation of the location of the Well and the Surface Facilities prior to the land development and building activities to be conducted by Surface Owner thereon. However, this paragraph in no way releases Merit from its obligations to reclaim the area of the Land used by Merit, including to closing, grading or re-contouring the well site, access roads and the production facility as required by the COGCC regulations, to alleviate compaction or re-seed or re- vegetate any such areas at the time the Well is abandoned, as required by COGCC regulations or any applicable lease. At the time of the facilities relocation as contemplated by this Agreement, Merit will only be required to abandon the existing flowlines in accordance with applicable COGCC regulations and remediate and/or remove at its own cost and expense, to the extent required by COGCC regulations and any applicable lease, any soils contaminated by its or its predecessors operation of the Well, if any, from the area around or related to the existing production facilities. In order to accomplish the foregoing, Surface Owner will, at its expense, assist Merit in obtaining variances from COGCC regulations reasonably necessary for Merit to comply with this Agreement. At the time of the facilities relocation contemplated by this Agreement, Merit shall only be required to flush abandoned flowlines and to remove any contamination therefrom at its own expense. 10. Surface Owner, for itself, its successors and any assigns, hereby covenants with Merit not to interfere with the lawful operation of the Well, the Production Facilities and the flowline as the same are now being operated or as they may be operated in the future. In addition, Surface Owner will provide Merit with a flat area around the Well (the "150' Well Setback Area") for any operations conducted by Merit in connection with the Well, including, but not limited to, the drilling of new wells, lease operating activities, workovers, well deepenings, recompletions and fracturing and refracturing operations. In no event, will the 150' Well Setback Area be less than a 150 foot radius surrounding the Well. Surface Owner, for itself and its successors and assigns, will not develop any of the land located within the 150' Well Setback Area in any manner to include but not be limited to landscaping, sprinkler systems, fences, sidewalks, access or other roads, paved streets, and water drainage and sewer systems, without the express written prior consent of Merit except as provided in this Agreement. If after obtaining such prior written consent, and constructing any such improvements within the 150' Well Setback Area, Merit requests that any such improvement be moved or removed to facilitate Merit's operations within the 150' 4 Well Setback Area, Surface Owner will be obligated, at Surface Owner's sole cost and expense, to move or remove such improvements within thirty (30) days of the date of any such request. If Surface Owner fails or refuses to move or remove the improvements after Merit's request, Merit may move or remove the same without any liability to Surface Owner as a result. Further, Merit shall have no liability of any kind for any damage or destruction of any improvements constructed by Surface Owner within the 150' Well Setback Area however caused. Surface Owner shall identify on proposed subdivision plats, special use applications, applications for preliminary plats or final plats or plans or any other designation for a surface development application used by any local jurisdiction, the location of the Well, the 150' Well Setback Area, easements, access roads and production facilities to include the route of the flowline of the Well. Surface Owner will record a plat to reflect the foregoing in the office of the Clerk and Recorder of Weld County after it is approved by the local jurisdiction, and Surface Owner will provide Merit with a copy of the recorded plat. Surface Owner will provide written notice to its successors and assigns notifying them of Merit's ongoing operations and use of the Well, the 150' Well Setback Area, easements, access roads and production facilities to include the route of the flowline of the Well as well as Merit's right to drill additional oil and gas wells within the 150' Well Setback Area. The foregoing covenants shall be deemed covenants that were specifically bargained for by Merit and covenants that run with the Land. 11. In addition, Surface Owner shall pay Merit in immediately available funds the cash flow lost or delayed by Merit from the Well during the time the Well is shut-in during the relocation of the Surface Facilities and flowline. Prior to commencing the work described in the Relocation Notice, Merit will advise Surface Owner of the volumes of oil and gas being produced per day by the Well that will be shut-in during the relocation of the Surface Facilities and flowlines, the price Merit is then receiving for such production and the total daily revenues Merit would receive from the Well but for the relocation of the Surface Facilities and flowlines. Within thirty (30) days of the completion of the relocation of the Surface Facilities and flowlines, Merit will send Surface Owner an invoice for any cash flow lost or delayed from the Well for each day or any portion of a day that the Well is in a non-producing status due to the relocation of the Surface Facilities or the flowlines. Surface Owner shall pay the invoice within fifteen (15) days of receiving the invoice from Merit. Merit will use reasonable efforts to minimize the time the Well is in a non-producing status hereunder and its loss of cash flow, provided that Surface Owner cooperates with Merit in the relocation of the Surface Facilities and/or flowlines. Surface Owner for itself and its successors and assigns, hereby grants a lien upon its interests in the Land to secure the payment of all amounts due under this Agreement specifically to 5 include the amounts due hereunder for cash flow lost or delayed during the relocation activities contemplated by this Agreement. 12. All notices, requests, demands, notice of change of address or change of contact person and other communications required or permitted hereunder shall be in writing and shall be deemed to have been fully given, made and received only when personally delivered, received via facsimile that has been confirmed electronically, delivered by Federal Express or other nationally recognized courier service, or three (3) days after having been deposited in the United States mail, postage prepaid, return receipt requested. All notices, requests, demands and other communications required or permitted hereunder shall be addressed as set forth below: IF TO MERIT: Merit Energy Company 13727 Noel Road, Suite 500 Dallas, Texas 75240 ATTN: Fred N. Diem TELEPHONE: 972-701-8377 FAX: 972-960-8420 WITH A COPY TO Merit Energy Company 1313 N. Denver Avenue, Building # 3 Ft. Lupton, Colorado 80621 ATTN: Frank Holubec TELEPHONE: 303-857-6766 FAX: 303-857-6789 IF TO SURFACE OWNER: Western Equipment & Truck Co., Inc. 2055 1st Avenue Greeley, Colorado 80631 ATTN: Craig Sparrow TELEPHONE: 970-353-6682 FAX: 970-352-7315 13. Miscellaneous: a. Binding Effect and Successors and Assigns. All of the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, and their respective heirs, successors, trustees and assigns. 6 b. Attorneys' Fees. In the event of a dispute or a breach, the prevailing party shall be entitled to its reasonable attorneys' fees, costs and expenses arising from such dispute or breach. c. Execution and Counterparts. This Agreement may be executed in counterparts and by facsimile, and all such counterparts so executed shall together be deemed to constitute one final agreement as if signed by all parties, and each such counterpart shall be deemed an original. However, if signed in counterparts, this Agreement shall not be operative or binding on any party until it is signed by all parties. d. Governing Law. This Agreement shall be interpreted under the laws of the State of Colorado. e. Non-Reliance. The parties to this Agreement expressly assume the risk that the facts or law may be, or become, different than the facts or law as presently believed by the parties. The parties disclaim all reliance upon information supplied by any party, or by counsel, in any way, relating to the subject matter of this Agreement. f. Cooperation. The parties agree to communicate and cooperate with each other in good faith in order to effectuate the terms of this Agreement. This duty to cooperate includes, but is not limited to, executing documents and reporting the terms of this Agreement to public entities and public officials. g. No Private Cause of Action for Violation of Statutes Regulations. Any reference herein to the statutes or regulations of the COGCC shall not be deemed enforcement to create or give rise to a private cause of action by any party hereto for he enforcement of any such statutes or regulations. h. Complete Agreement. This Agreement contains the complete agreement of the parties with respect to the subject matter hereof, and each party expressly agrees that there are no covenants, conditions, terms or understandings with respect to the subject matter hereof not expressed herein. Amendments. This Agreement may only be amended by an instrument in writing signed by each party hereto. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year first above written. MERIT ENERGY COMPANY ATTEST: 7 r-. By: By: Secretary Fred N. Diem Vice President SURFACE OWNER: WESTERN EQUIPMENT & TRUCK CO., INC. By: Craig Sparrow President STATE OF TEXAS ss. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this_day of May 2004, by Fred. N Diem as Vice President of Merit Energy Company, a Delaware Corporation, on behalf of said corporation. WITNESS my hand and official seal. (Seal) Notary Public My Commission expires: STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this_of May 2004, by Craig Sparrow as President of Western Equipment & Truck CO., Inc., on behalf of said corporation. WITNESS my hand and official seal. 8 (Seal) Notary Public My Commission expires: Western Trucking Facilities Relocation and Surface Use Agreement 9 ) NW CORNER SECTION 24 EXHIBIT M A M�q Pisa. 3 1/4 ALUM. CAP U A 24 IN MONUMENT BOX LS 17508, 1992 Fnsement At Fxhihit for NnAlnn Fnrilltlos & M easement located In the Northwest One-Quarter (NW 1/4) of Section Twenty-Four (24), Township Five (5) North, Range Sixty-Six (65) West, 8th d.. 0 P.M., Weld County, Co. and more particularly described as follows: If"to, °d.�9' , ff Commencing at Northwest (NW) Corner of Section Twenty-Four (24), CI Township Five (5) North, Range Sixty-Five (85) West, 8th P.M., Weld •� County, Colorado thence, South 45'52'21' East, 948.19 feet to the center •• of the Nadine petroleum wall the True Point of Beginning having a .y IC protected radius of 150' around the well; thence, along the center of the N pipeline South 50'00'SO' East. 222.05 feet to a point: thence. I� South 00'00'00' East, 101.24 feet to the northeastern one fourth of the / \PETROLEUM wELL facility u-shoped facility containing the meter shed, separator units, oil 1 storage tank and waste pit said u-shape facility being 240' In the To BCE RELOCATED R 1 -s\\ 1550'00'50-E east-west direction 30' in width and adjacent to the north boundary of TN) 222.05' the Kerr-McGu facility with the east leg of the u-shape being 40'x 40' • PETROLEUMand abutting the east edge of Kerr-McGee facility and west u-shape being /, TANK 1 $00'00'ee• 50' wide and 40' deep and abutting the west edge of Kerr-McGee facility �Jr.3S.dI 1M6' with the center of the a tank which has a protected radius of X200' around It Is located South 35'45'32" East a distance of 1,111.29 feet from ••.'• • • ��u�� MR(2) the Northwest (NW) Corner of Section Twenty-Four (24); thence, East 85'+/- from the oil tank to a point which Is a T connection to the Duke —�� PARATOR Energy line, All facilities and pipelines located north of the Latham Ditch. - - F L J GFNO SECTION CORNER O + * --0-• GAS UNE O 3 0 cetX ACES & ASSOCIATIES, INC., I < 428 N 2ND ST., LA SALLE, CO 80645 EASEMENT & EXHIBIT n.in TELE: (970) 284-9562 FAX: (970) 284-9564 FOR MERIT ENERGY FACILITIES sti/F: r• = 300' O AutoCAD ALE NAME: SPARROW-0302 UTIUTIES Z CI WESTERN EQUIPMENT & TRUCK CO. INC. 05/12/04 SHEET 1 OF 1 A p 1 may/ l��tt (//J✓/( C9- (at 2-) 12-7<A)) / Weld County Planning Department GREELEY OFFICE MAY I y 2004 RECEIVED Fm >. / Pir It tCq / I ( S' y, ) /j C Lt'/ / e CL v `c r /if Lift 7,-- / d K S i // i i C' A r c / iviie 4,-1 , f' ?if , f59 r l EXHIBIT d FEB.27.2004 9:50AM KERR_MCGEE NO.466 P.2/12 KMG Draft 2-27-04 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement') is entered into and made effective this day of October, 2003, between Kerr McGee Rocky Mountain Corporation ("KMG"), with an address of 1999 Broadway, Suite 3600, Denver, Colorado 80202, and ("Surface Owner"), with an address of A. Surface Owner owns the surface (and a portion of the mineral interest which is currently under an oil and gas lease) of that certain tract of land in a portion of the N/2NW/4 of Section 24, Township 5 North, Range 65 West, County of Weld, State of Colorado, and as more particularly described on Exhibit A attached to this Agreement (the "Property"); B. Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate, which a portion of is now owned by KMG; C. Surface Owner plans to develop the surface of the Property as a commercial subdivision known as D. KMG currently operates a single natural gas well, known as the Dejong 3-24 (the "Existing Well"), and associated Bowlines and production facilities on the Property, which are all shown on Exhibit A attached to this Agreement; E. KMG has the right to undertake further development of its oil and gas leasehold estate on the Property,including the drilling of additional wells; F. The parties have entered into this Agreement to provide for the orderly and cooperative development of the surface by Surface Owner to minimize interference with mineral production operations and to provide for the orderly and cooperative production of minerals by KMG to minimize interference with surface use and development; G. The parties have specified in this Agreement the specific locations upon the Property where mineral exploration and production may occur and where access to mineral exploration and production facilities may be obtained and where facilities and pipelines may be required to be located. This Agreement also contains a partial release of surface rights by KMG and a specific grant by Surface Owner for the use of certain surface areas; H. This Agreement sets forth the parties' rights and obligations regarding the development of the Property by Surface Owner and KMU's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the parties and their successors and assigns. In consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: tofu FEB.27.2004 9:50RM KERR_MCGEE N0.468 P.3/12 I. AREAS RESERVED FOR EXISTING AND FUTURE OPERATIONS. 1.1 Under the terms of its oil and gas lease and the applicable regulations of the Colorado Oil and Gas Conservation Commission (the "COGCC"), KMG has the right to drill additional wells to bottom hole locations on the Property (hereinafter "Future Wells"). KMG also has the right to undertake the any and all related operations in connection with the Future Wells and the Existing Well, including,but not limited to, production activities, workovers, well deepenings, nxompletions, fracturing, replacement wells, and re-fracturing. In order to provide for such, KMG shall be entitled to the use of the areas depicted on Exhibit A (the "Oil and Gas Operations Areas') for such operations, except the location of Future Wells shall be restricted and limited to the shaded area shown on Exhibit A as the"Oil and Gas Drilling Area". 1.2 During the term of this Agreement, the Oil and Gas Operations Areas shall be reserved and utilized for the purposes of drilling all Future Wells, which locations of Future Wells shall be limited to the Oil and Gas Drilling Area,and for the conduct of any and all related operations by KMG in connection with the Future Wells and the Existing Well, including, but not limited to, drilling and production activities, maintenance, workovers, well deepenings, recompletions, fracturing, replacement wells, and re-fracturing. Except as otherwise provided herein, Surface Owner shall not use or occupy any part of the surface of the Oil and Gas Operations Areas. 1.3 Except for the Oil and Gas Operations Areas, and including the access roads and all access and necessary easements associated with tlowlines, gathering lines and pipelines ("ROWs) as provided in this Agreement, KMG shall not use or occupy the surface of the Property except in the event of an emergency in which case such use shall be temporary. 2. BUILDING RESTRICTIONS; SETBACK REQUIREMENTS. 2.1 Except as provided in Section 5.2 a. below, Surface Owner shall not build, construct or install any improvements upon any portion of the Property lying within the Oil and Gas Operations Areas, including, but not limited to landscaping, sprinkler system, fences, sidewalks, access or haul roads, paved streets, and water drainage and sewer systems, without the prior written consent of ICMG. If, after obtaining such consent and constructing any other improvements within the Oil and Gas Operations Areas, KMG requests that such improvements be moved or removed to accommodate ICMG's oil and gas operations thereon, Surface Owner shall be obligated, at Surface Owner's expense, to move or remove such improvements within forty-five (45) days from the date such request is received. KMG shall use reasonable care in conducting its operations on the Oil and Gas Operations Areas, but shall not be responsible for damage associated with KMG's reasonable operations to any improvements constructed by Surface Owner in the Oil and Gas Operations Areas. 2.2 Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines among other things. Surface Owner hereby waives all setback requirements under the COGCC rules and regulations, and under any other state or local FEB.27.2004 9:51AM KERR_MCGEE N0.468 P.4/12 setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMG or its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement Surface Owner understands and agrees that KMG or its successors and assigns may cite the waiver in this paragraph in order to obtain a location requirement exception or variance trader COGCC rules or from a local jurisdiction consistent with the operations within the Oil and Gas Operations Areas as contemplated by this Agreement. Subject to the waivers set forth herein and in Section 8, KMG shall otherwise conduct its operations in compliance with all applicable rules and regulations of the COGCC. Nothing herein shall operate to limit the Surface Owner's rights to object to KMG's non-compliance with any other law or regulation. 3. FLOWLINES AND PIPELINES. 3.1 Surface Owner's current development plans may require the relocation of existing flowlines and/or the existing natural gas pipelines now located on the Property (the "Existing Pipeline(s)"), which pipelines are operated by KMG. Surface Owner shall enter into a separate agreement with KMG regarding the relocation of such Existing Pipelines at Surface Owner's sole cost and expense. All relocated flow lines and pipelines shall be buried at least 4 feet from the surface. 3.2 KMG or its affiliates, at its sole cost and expense, shall have the right to lay new flowlines and pipelines within existing easements, and shall also have the right to replace any and all flowlines, gathering lines and pipelines for gas and liquids, including replacement of any future lines as provided herein, necessary in connection with ICMG's production and transportation of oil and gas from any wells on the Property. Flowlines and pipelines for Future Wells will be located in the Oil and Gas Operations Areas and additional rights of way shall not be required for those lines. To the extent KMO reasonably requires any flowlines or pipelines beyond the Oil and Gas Operations Areas, Surface Owner shall grant the requested non- exclusive rights-of-way (each a "ROW") needed by KMG for such purposes, provided the location is mutually acceptable to Surface Owner and KMG. To the extent possible all pipelines and flowlines will be located under or adjacent to access roads to the Oil and Gas Operations Areas and production facilities. All pipelines shall be located at a surface depth of approximately 4 feet from the final graded elevation. Flowlines, which are defined as those lines which 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 4 feet. The construction and burying of additional flowlines, gathering lines and pipelines shall be at the sole cost and expense of KMG or its gas purchaser and shall be accomplished in accordance with applicable law. If KMG desires to change the location of any flow line, pipeline or gas gathering located in a ROW, such relocation shall be subject to the prior written approval of Surface Owner. Surface Owner shall maintain a minimum of 4 feet of cover over all pipelines and flowlines during any of Surface Owner's operations. 3.3 Surface Owner shall be entitled to install, erect or construct within or across any ROW parallel to existing and/or future flow lines and pipelines of KMG located outside an Oil and Gas Operations Area, Surface Owner's own utility lines for water, sewer, telephone and cable as may be reasonably required for residential development of the Property, Surface Owner agrees that, except in cases of emergency, Surface Owner will contact KMG at least ten FEB.27.2004 9:51AM KERR_MCGEE NO.468 P.5/12 (10) business days prior to commencing any trenching or digging activities within a ROW and that during its installation, maintenance and use of its utilities in any ROW of KMG, it will not )6 unreasonably interfere with KMG's use and operation of flow lines or other pipelines in such easements. Surface Owner agrees that all such utilities that are placed in the ground after KMG's pipeline or flowline shall be placed horizontal to ICMG's pipeline or flowline at a minimum of 7.5 feet from the centerline of the pipeline or flowline, and any such utilities that q.\./ cross the ROW shall be placed below ICMG's pipeline or flowline and there shall be a minimum clearance of 18 inches between KMG's pipeline and such utility lines placed in the ground and crossing the ROW. 4. ACCESS. 4.1 Surface Owner shall at all dines provide to KMG non-exclusive access easements, 18 feet in width, and which are sufficient to access the Oil and Gas Operations Areas as depicted on Exhibit A hereto. Unless shown on Exhibit A hereto, such access shall be mutually agreed upon by the Parties and shall be of sufficient scope to allow KMG to conduct the operations contemplated for the Existing Wells and the Future Wells, and shall be built to withstand a minimum of(120,00Opounds per axle. The access roads to be used by KMG will be those roads el ter that are presently in place, future roads which are depicted on Exhibit A, or that are anticipated to be constructed by Surface Owner at Surface Owner's sole cost and expense as part of Surface Owner's development of the Property. KMG shall maintain and use the existing access or future access roads depicted on Exhibit A until such time Surface Owner requests a change of access. During construction activities on the Property, Surface Owner will not unreasonably interfere with access to all of KMG's wellheads and production facilities. 5. PRODUCTION FACILITIES AND EQUIPMENT. 5.1 KMG shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably necessary, appropriate or convenient for the operation and production of the Existing Well and Future Wells within the Oil and Gas Operations Areas; provided any new, expanded or relocated facilities shall be restricted and limited to the shaded area shown on Exhibit A as the"Oil and Gas Production Facility Area". 5.2 With respect to KMG's equipment and facilities other than flowlines and pipelines and access roads: a. KMG shall install and maintain, at its sole cost and expense, all fences around Existing Wells and Future Wells in compliance with the rules and regulations of the COGCC. At its sole expense, Surface Owner may install privacy fencing and/or landscaping within the Oil and Gas Operations Area to shield the oil and gas facilities from surrounding view. Installation of such fencing or landscaping by Surface Owner shall be subject to the prior review and approval of KMG, to ensure that the same do not impose any undue safety or operational constraints. b. !CMG shall install and maintain, at its sole cost and expense, all gates and locks necessary for the security of any wells and/or facilities in the Oil and Gas Operations Areas. Such gates and locks shall be of a type and quality customarily used by KMG for such purpose; FEB.27.2004 9:52AM KERR_MCGEE N0.468 P.6/12 /1� / c. KMG shall paint any production facilities for any wells, including wellhead guards,with paint that is approved by the COGCC;and 6. NOTICE OF FUTURE OPERATIONS. 6.1 KMG shall provide at least seven (7) days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on any Existing Well, Future Well or any replacement well; provided, however, that KMG shall provide at least thirty(30)days prior written notice to Surface Owner of the initial drilling of any Future Well. Regardless of the foregoing notice requirements, KMG shall have immediate access to the well site in the event of an emergency. 6,2 The notification of operations shall describe the following: a. The proposed starting date for the proposed activity; b. The proposed operations to be performed at the site; c. The approximate duration of the proposed activities. 6.3 Not less than five (5) working days prior to KMG's entry date on the applicable Oil and Gas Operations Areas for the operations set forth in its notice described above, either KMG or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to provide further information to Surface Owner of the expected activity and to coordinate site access, hazards, barricades,restoration or any other issues that affect the use of the Property and the safety of Surface Owner's development. 7. NOTICES TO HOMEOWNERS AND BUILDERS. 7.1 Surface Owner shall provide on its subdvision plat written notice to all such builders, homeowners and other buyers of the Property and any homeowners associations that: a. there may be ongoing oil and gas operations in the Oil and Gas Operations Area; b. there are likely to be Future Wells drilled and associated oil and gas operations taking place on the surface of the Oil and Gas Operations Area, as well as the vehicular traffic necessarily associated with such operations; and c. purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights and obligations under this Agreement, including but not limited to the granting of waivers as set forth in Section 2.2 hereinabove, 7.2 Such notice shall be deemed to have been given through recordation of a plat in the real property records of Weld County containing the above information. FEB.27.2004 9:52RM KERR_MCGEE N0.468 P.7/12 8. DRILLING AND COMPLETION OPERATIONS. KMG shall diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Subject to the waiver of setback requirements as set forth above, KMO shall conduct its operations in compliance with the provisions of the Rules and Regulations of the COGCC set forth in Rule 603 and with applicable law in a good and workmanlike manner. KMG agrees to be responsible for all damages to personal property, fixtures and other improvements located upon the Property and for personal injury to individuals and to reimburse the costs thereof to Surface Owner upon demand. 9. GOVERNMENTAL PROCEEDINGS. 9.1 So long as there is no default under this Agreement by ICMG, Surface Owner shall not, directly or indirectly, oppose KMG in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to KMG's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that ICMG's position in such proceedings is consistent with this Agreement. Surface Owner will provide ICMG or its successors and assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 9.2 So long as there is no default under this Agreement by Surface Owner, KMG shall not, directly or indirectly, oppose Surface Owner in any agency or governmental proceedings, including but not limited to Weld County, or other governing body proceedings, related to Surface Owner's development of the Property, including but not limited to applications regarding zoning, platting, subdivision, dedications, subdivision improvement agreements and development, provided that Surface Owner's applications are consistent with this Agreement. KMO will provide Surface Owner or its successors and assigns with whatever written support they may reasonably require to obtain development approvals from the appropriate governing body. 10. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. 10.1 No party shall be liable for, or be required to pay for, special, punitive, or exemplary damages to any other party for activities undertaken within the scope of this agreement; 10.2 Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 11 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 for 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 of 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 party, its officers, managers, agents, contractors, subcontractors, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this FEB.27.2004 9:52AM KERR_MCGEE NO.460 P.6/12 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; 10.3 Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Section 10.2 above, for all actions or occurrences happening after such assignment or conveyance. 11. ENVIRONMENTAL INDEMNITY. 11.1 The provisions of Section 10 above, except for Section 10.1, shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 10.1 above: a. "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; b. "Environmental Laws" shall mean any laws, regulations, toles,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); or their state counterparts. c. Environmental indemnification. KMG shall protect, indemnify, and hold harmless Surface Owner, the homeowners association,any lot owner who purchases a lot from Surface Owner and any other successor and assign of Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KMG's ownership of the leasehold estate or use of the Property including but not limited to, oil and gas operations or KMG's ownership and operation of its pipeline easement or rights-of-way on the Property. Surface Owner shall fully protect, indemnify and hold harmless KMG from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. FEB.27.2004 9:53AM KERR_MCGEE N0.468 P.9/12 12. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. 13. 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 10 or 11 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 is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within thirty days of receipt of a Claim and shall provide such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 14. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. Surface Owner specifically confirms its capacity to validly execute the ROWs and easements provided for herein. KMG does not represent that it has rights to settle matters for all of the mineral owners in the Property, and this Agreement shall only apply to and bind the KMG leasehold and operator interests in the property. 15. SUCCESSORS. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises,executors, administrators, successors and assigns. 16. TERM. This Agreement shall become effective when it is frilly executed and shall remain in full force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged and abandoned all wells owned all or in part by KMG 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. 17. NOTICES. 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: FEB.27.2004 9:53AM KERR_MCGEE N0.468 P.10'12 If to KMG: Kerr McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Director of Lands Denver Basin If to Surface Owner: Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 18. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 16 above, shall be recorded by KMG, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 19. SURFACE DAMAGES; WAIVER OF PAYMENTS. 19.1 In consideration of the Parties' respective rights, obligations and benefits, as outlined herein, this Agreement shall constitute the surface use or surface damage agreement provided for under the COGCC'sRules and Regulations or under any oil and gas lease covering the Property. 19.2 The term "surface damage payments"as used herein shall be given the meaning commonly used in the oil and gas industry. As part of the consideration for this limitation by KMG,of what would otherwise be the right to make reasonable use of any part of the Property in the conduct of its operations, and without limiting the applicability of Sections 10 and 11 below, KMG shall not be obligated to pay, and Surface Owner hereby waives any right to receive, any further surface damage payments, license or use fees including all damages provided for under any oil and gas lease or leases now or hereafter covering the Property, with respect to any operations conducted on the Oil and Gas Operations Areas or upon access roads, flowlines, gas gathering pipelines, or other easements used in connection with the Oil and Gas Operations Areas. KMG may provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this waiver. The waiver of surface damages provided herein shall include any claim for excessive surface use insofar as the Oil and Gas Operations Area is used to produce oil and gas from any portion of the Property or other lands pooled therewith. In the event KMG is ever required to cross, occupy or utilize any part of the Property other than the Oil and Gas Operations Areas, the access roads thereto or any ROWs used in connection with the Oil and Gas Operations Areas,KMG shall be liable for any and all damages that may occur as a result thereof. FEB.27.2004 9:53AM KERR_MCGEE N0.46e P.11'12 20. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,shall be resolved by arbitration conducted in Denver, Colorado and shall be administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. 21. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions, 22. 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 by written document signed by all parties. 25. EXECUTION AND BINDING EFFECT This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the Effective Date set forth above. 26. HEADINGS. The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 27. TIME OF ESSENCE. Time is of the essence in this Agreement. 28. NON-WAIVER Waiver by either party or of the failure of either party to insist upon the strict performance of any provision of this Agreement shall not constitute a waiver of the right or prevent any such party from requiring the strict performance of any provision in the future, 29. SEVERABILITY. Any covenant, condition or provision herein contained that is held to be invalid by any court of competent jurisdiction shall be considered deleted from this Agreement, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the Surface Owner or KMO in their rights and obligations contained in valid covenants,conditions or provisions. 30. NO JOINT VENTURE. This Agreement is not intended to,nor shall it be interpreted to create a joint venture, partnership or any other relationship between the Surface Owner and KMG,other than that of surface owner and oil and gas lessee,respectively. The parties have executed this Agreement on the day and year first above written. EXHIBIT A Easement & Exhibit for Kerr—McGee Facilities An easement located in the Northwest One—Quarter (NW 1/4) of Section Twenty—Four (24), Township Five (5) North, Range Sixty—Five (65) West, 6th P.M., Weld County, Colorado and more particularly described as follows: Commencing at Northwest (NW) Corner of Section Twenty—Four (24), Township Five (5) North, Range Sixty—Five (65) West, 6th P.M., Weld County, Colorado thence, South 68'09'58" East 2345.21 feet to the center of the Kerr—McGee petroleum well the True Point of Beginning having a protected radius of 150' around the well; thence, along the center of the pipeline (L1) South 09'22'51" East, 53.28 feet; thence, (L2) South 00'52'44" East, 376.61 feet; thence, (L3) South 20'01'50" West, 7.75 feet; thence, (L4) South 84'22'02" West, 11.14 feet; thence, (L5) North 87'05'49" West 115.07 feet; thence, (L6) North 83'37'28" East, 39.17 feet; thence, (L7) North 63'07'00" West, 35.63 feet; thence, (L8) North 41'30'58" West, 52.95 feet; thence, North 34'51'31" West, 318.55 feet; thence, North 45'08'22" West, 201.84 feet; thence, (L9) North 59'59'42" West, 58.40 feet; thence, (L10) North 87'38'20" West, 86.46 feet; thence, (L11) South 74'31'48" West, 56.20 feet; thence, (L12) South 62'29'10" West, 57.79 feet; thence, South 56'07'23" East, 212.14 feet; thence, (L13) South 74'56'25" West, 55.02 feet; thence, (L14) South 89'23'04" West, 66.32 feet; thence, North 83'22'07" West, 257.55 feet; thence, (L15) North 72'23'08" West, 42.49 feet to a point an the southern side of the facility rectangle containing the meter shed, separator units, oil storage tank and waste pit said rectangle being 150' in the east—west direction and 40'in the north—south direction and located South 37'15'22" East, 1138.42 feet from the Northwest (NW) Corner of Section Twenty—Four (24) to the center of the oil storage tank which has o protected radius of 200' around it; thence, South 08'11'19" West, 17.00 feet from the facility rectangle to a point; thence, North 76'22'50" West, 88.64 feet to a T connection to the Duke Energy line. All facilities and pipelines located north of the Latham Ditch. 0 0 ALLES & ASSOCIATES, INC. < 428 N 2ND ST., LA SALLE, CO 80645 EASMENT & EXHIBIT TELE: (970) 284-9562 FAX: (970) 284-9564 FOR KERR-McGEE FACILITIES AutoCAO FILE NAME: SPARROW-0302 URUTlES o WESTERN EQUIPMENT & TRUCK CO. INC. 05/12/04 SHEET 2 OF 2 NW CORNER SECTION 24 EXHIBIT A END. 3 1/4 ALUM. CAP is q IN MONUMENT BOX r4,� LS 17508, 1992 28 ia�ti N. se; 4,541,. ` L1' -` N. / TANK METER / / TANK ED (2) 1,\' / \ E O ti PETROLEUM WELL I •IT SEPARATOR �qti► ?oba? • R-150 I ��y r 1 N 22'OI•W N 2 ,'dts'4 I\ / t•)_�� 55' L14 \ / N788.64 'W \ L19 � 13 : . 88.64' r Ls LIME TAME I L7 _____ t:1680 L5 L3 I FCSNn \ © Z'L'W7I'S�r7xS11 `L8 L4 © r,.n. •a. X91♦ n N I` 1❑�1c( ' SECTION CORNER 0 rO'rt'TF'.7va —4..- GAS LINE e�T rIMBEnita‘it i7t'I a 5 ... gip * astancrTi o 3 0 `ILLES AIUOC�Q��' INC. EASEMENT & EXHIBIT I a° _�J� a. 428 N TELE: (970) 284-95620 80645 FAX: (970) 284-9564 FOR KERR-McGEE FACILITIES SrA/F. r = Jon• 0 AutoCAD FILE NAME: SPARROW-0302 UTILITIES Z CO WESTERN EQUIPMENT & TRUCK CO. INC. 05/12/04 SHEET 1 OF 2 ) ) ) I FEB.27.2004 9:54AM KERR_MCGEE N0.468 P.12/12 KERR MCGEE ROCKY MOUNTAIN CORPORATION By: JAMES P. WASON Attorney-in-Fact ACKNOWLEDGMENTS STATE OF COLORADO ) CRY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _day of 2003, by JAMES P. WASON, as Attorney-in-Fact for Kerr McGee Rocky Mountain Corporation, on behalf of such corporation. Witness my hand and official seal. Notary Public My Commission Expires: STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acla owledged before me this day of 2003,by Witness my hand and official seal. (SEAL) Notary Public My Commission Expires: Not;; ; 000518 07/08/02 1t _ ... 00A OA 4A -mag 5A 6A 7A BA 9A - I0A� Li egg • 17A 19A - 20A ' 21A 22A;Jj1 1 uatan '• a /IIemones fguafanteed 2 A Hillside 970-353-408E' , . Vas l - a - * Q eirs • • r i • "• L rvxi l ,1/4,4`I Y. ti fi wer ^ y • - ,- s E / a i ra' sL, eo • \ • 78 . .. 4. , SS 76 C71 " AI — , 72 , UI 70 85 .. i, r s, — I•� 1 to 1.w r�e•r I I. 37 `\ 56 -� — VIII 54 ...ti__J l I "77 ,w 1 It ' jL /74 30 1 1 a 4 1 1 60p . o _ ■ i i 1 �! •. - /®� . . • , , t T , 42, ' . 9 ifw e! i } I, ar N • t \' It y ' •K I.4 raw ysy R f. rf ';ill: 1 . ii I ._ ‘ - i c ..w \ . . . , . 4 -(4 k � t4 1 3 m 1 ,il A { a • y 1 iiiti: . _ .. . lw .,... , .... . ,,, , , 1 .. ),, ts... .,,,, A Y NONIMII` .!— —. f — r— ....— - -• a flall p II a 1` urr�_n�'wm I 4 I I nm.a unn s 1 I: III -w s 1 t wo -. ��o� �� I. -. �} �a se I E:ice i I i I: i W. I I i II i I I II la et. i 14 i ! E [j I1 ir1 II O t 0 I I il. i Li I Ir: r 1 a j i i x I H r a—_-� sMs I r F I Jr_Me Iles V L — d � I !` j =.a..e .. .. ..—..— I 1 I \. I I. r t li . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ . . _ \\ r i •x _ •x _ • • _ • x _ • •. \ . ( TRUCK `\ PARKING I 1 ASPHALT 'e, mV III I r ' 3 ' i ea NI f V0 _ 74 N I H i i 1 '_ ASPHALT - I N x x p .- I�r J • k\ecc\ C I I �\\\ TRUCK PARKING \� � II. 00 II I 1 ' -" v I • 30' CRAWL ROA0 I a c if R ii III I h4 4 Elimi i Z I I W IF P--7. i O I M"� ¢tC 1s' `s (P) t' Jr) Mfrf ay / T i 1 tNn Applicable code sections for approval: 23-2-230.B.1 Fosters the continued health of agriculture in the County by shifting water resources to more productive sites. Provides for infrastructure which supports agriculture. Encourages the expansion and diversification of the economic base. Productivity of the site is poor historically and will not be diminished 23-2-230.B.2 this is a use permitted by special review in agricultural district. Property is less than 80 acres—qualifies as infill area 23-2-230.B.3 The use would'be compatible with the surrounding land uses which are primarily agricultural with some residential. Development standards and conditions of approval ensure this. 23-2-230.B.4 The use will be compatible with future development. Site is located within both an East West and a North South transportation corridor. Development along those corridors will likely include more commercial. The Town of Kersey will most likely extend to this area in the future. 23-2-230.B.5 Site is not within any overlay districts. 23-2-230.B.6 Plans cover the least agriculturally productive parts of the site. 23-2-230.B.7 The applicable code standards, conditions of approval, and development standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County This application provides for: continued oil & gas operations on the property adequate water supply both treated and for irrigation I.S.D.S septic system until hookup to Kersey system feasible Approval would bring jobs to Colo. and to Weld county, continue to support agriculture with strong transportation suppliers Set the development tone in a major transportation corridor a.. Exhibit R contains Oversized Vicinity Map , Site Plan , and Landscaping Plan , dated 05/12/2004 Please see Original File Hello