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SURFACE USE AGREEMENT AND EASEMENT
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This Surface Use Agreement and Easement (this "Agreement") is made this I714day of
August,2001,by and between Kerr-McGee Rocky Mountain Corporation("KMC"),with an address
of 1999 Broadway, Suite 3600, Denver, Colorado 80202, and Bromley 132, LLC and Parkwood
Properties,LLC(collectively,the"Owners")and Dairy Farmers 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 1n Street, Eastlake, Colorado 80614.
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-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: j MM 6
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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 funds 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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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 shall extend from either State
Highway 119 or Weld County Road 7%. 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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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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KMC shall provide at least fourteen(14)days prior written notice to Developer and/or
any homeowner's association formed by Developer ofany 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;
by 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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993758 10/22/2001 12:32P JA Sold Tsukamoto
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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 11
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 I l.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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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;
h) 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 ot'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 be 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 flowlines 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
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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.
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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.
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93758 10/22/2001 12:32P JA Suld Tsulmmoto
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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.
do 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 address or
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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93758 10/22/2001 12:32P a Sold Toukamoto
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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
By: /
Janet W.Pasq> nS
ika
Vice President
ate,
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'58 10/2212001 12:3211 JA Sub Tsukamoto
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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.— Ciz'/ ILIlli21.(.cll t#
Name: 1..36-14.N4-/Q 1) /3,Qe cvvFk L
Title: 4557 574^u 2 s=c 4*14 Al`/
Milky Way Owner's Association,Inc.
BY: �
Name: g3eati4/Q0 1340 cu itc
Title: 14 5$/94 �/ s c Ry
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ACKNOWLEDGMENTS
STATE OF COLORADO ) 1111111101 11111 III 1111111 II 11111111 10111111111/III
CITY AND )ss. 2893768 10/22/2001 12:32P JA Suki Tsukamoto
COUNTY OF DENVER ) 14 of 18 R 95.00 D 0.00 Weld County CO
The foregoing instrument was acknowledged before me this Zt day of August 2001,by Janet W.Pasque as
Vice President of Kerr-McGee Rocky Mountain Corporation, a Delaware corporation, on behalf of that
corporation.
•'witness my hand.amd ofi ciil seal&r;
(S.AL) LYNDA K. HENDRIX
STIAVTOETAFY PUBLIC ,'Jq/,ta�.t/ZV
COLORADO Q
AttCieakeksonppmMlppa2 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:
&Anna.
13
I-IIIIII NIII 1111111 III 1111111 II IIIIII11 III 111111 III IIII
2893758 10/22/2001 12:32P JA Suld Tsukamoto
15 of 18 fl 95.00 I) 0.00 Weld County CO
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged be ore me this& day of August 2001,by Kent D.
Carlson,as Manager of Bromley 132,LLC,a limited liability company on behalfof
that limited liability company.
Witness my hand and official seal.
(SEAL)
y
4/24:____
Nota lic JI
My Commission Expires: i7 °/%4`.l
STATE OF COLORADO)
)ss.
COUNTY OFa-x,--rt
The foregoing instrument was acknowledged before me thi&"day of August 2001,by Clay F.
Carlson, as Manager of Parkwood Properties, LLC, a 13Sr a limited liability company on
behalf of that limited liability company.
at9ammmni
Witness m 4i/nc.Igyal seal.
(SEAL) _ NoTAgy
�C
oJ, , UBL �o� Notary/ lic
14'/T•'••......• QP.ya
SwF uF CQ��@s tl
My Commission MI oa`py/�}T-9
camwn Ale .ur em.ucumnwmeawrnnunnnt tatnvi mwuufwTx IMm.rwlAfl 1a.n.•uin.
ACKNOWLEDGMENTS
•
STATE OF COLORADO ) 1111111111111111111 III Ili 111111 III VIII
CITY AND )0. 2893758 10/22/2001 12:32P JA Said Tsukamoto
COUNTY OF DENVER ) 16 of 18 R 96.00 D 0.00 Weld County CO
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 ii,
ss.
COUNTY OF ic.Z-.4-
The foregoing instrument acknowled before this Ley of August 2001, by
' _ r� for Mountain Empire
Dairymen's Association,Inc.,a — corporation,on ehalf of that corporation.
."Oktitiie .my hand and official seal.
Y tisai
Notary Public
'.•MyC,ommissionExpires: OAtSyMAEJOHNSON
Notify Pudic.State ci d'Issoud
Greene con
STATE 61922...e.datea,d_ .) IM1Ce""dssam Ernst
)iM5,2009
pp )ss.
COUNTY OF--4842-244.9_,I,
The foregoing ipitrument was acknowledAS. before /fie this 1�,LrLday of August 2001, by
c c,q-,.n.. i -9 4.1,4 n..1 .as j. .?• aC_¢testy c for Milky Way
Owner's Association,Inc.,a — corporation,on behalf of that corporation.
,jtnehs c=y hand and official seal.
{^iF ss?RY•
.+E :' :- : Notary Public
Miedevailati E Aires:
b*flE.JOx t50N
Noisrettte'=Srale al N'waud
Greene County
Ingeinission Epireyins5,2003 13
'I [ I EASF"ENT DESCRIPTION. � , I
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", / / WES. DAIRYMEN COOPERATIVE. INC. SUBDIVISION A PART OF THE
, ) NORTH HALF (N!/2) OF SECTION 10, T2N, R68W OF THE 6th PM,
i' WELD COUNTY COLORADO AND CONSIDERING THE SOUTH LINE OF SAID -. mum
',' / / SUBDIVISION TO BEAR 589'01'39'W AS RECORDED UNDER RECEPTION °per Me
NUMBER 2590065 OF WELD COUNTY RECORDS:
" THENCE NO0'35'02' N. 243.45 FEET:
'. �CD THENCE FROM THE BEGINNING OF LEFT CURVE FROM WHICH THE
402 RADIUS POINT BEARS 604'46150'W. WESTERLY AND SOUTHWESTERLY 61....
am
"' 288.56 FEET ALONG THE CURVE CONCAVE TO THE SOUTHEAST, _
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6 • BEARS S36'O!'43'E; 0"-�•
!1 (�(,I({ (1�' P v I I W THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 110.52 FEET can
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% A,� h •I.0 ( . +II ro TOR ADPOINTFON50.00 THE SOUTH T LIINEAOFESAID LLOTG8 FRE OM4WHENCEITHE o,a o -
SOUTHEAST COR BEARS S89.01'39'W, 273.36 FEET; name
Av.
( . 1 5 ACI H 1. Y THENCE S89*Or 39'W, 101.49 FEET ALONG THE SOUTH LINE OF SAID 2 .a
egf N LOT a TO A CURVE; Z p
THENCE ALONG SAID CURVE 557.16 FEET ALONG THE ARC OF SAID eae ;
As CD / AUCENTRAAL ANGLE CONCAVE O127'4E '1''R2BHEAND BEINST G SUBTENDED BY AG A RADIUS OF 50 CHF T AND o�s
yet . WHICH BEARS 557'13'15'E. 448.80 FEET TO THE EAST LINE OF 0mm
IDAHO CREEK SUBDIVISION; o--
J THENCE NO0'35'02'W, 249.36 FEET TO THE POINT OF BEGINNING. MIMEO
S��Q1• , _ � I! SAID PARCEL CONTAINS 3.2! ACR S• MORE OR LESS. MEMO
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A TRACT OF LAND LOCATED IN W 1/2 OF NE 1/4 & E 1/2 OF NW 1/4
SECTION 10, TOWNSHIP 2 NORTH, RANAGE 68 WEST OF THE 6TH P.M.
• WELD COUNTY, COLORADO [,
SEPTEMBER 1997 S-431
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WESTERN DAIRYMEN COOPERATIVE, INC
A TRACT OF LAND LOCATED IN W 1/2 OF NE 1/4 & E 1/2 OF NW 1/4
1 SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M.
N WELD COUNTY, COLORADO f'
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