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Home My WebLink About880754.tiff 15-DPT FOP"'-PRESCRIBED BY THE PROPERTY TAX ADMINISTR' --+R FORM 920 t/66-1/84 PE ON FOR ABATEMENT OR REFUND OF .E5—HoecKEE Co.. DENVER 39905 Petitioners: Use this side only. MIDLAND City or Town 19..$fl..- To The Honorable Board of County Commissioners of WELD County Gentlemen: The petition of COMPRESSOR SYSTEMS, INC. whose mailing address is• P.O. DRAWER A MIDLAND TEXAS 79711 City or Town State Zip Code SCHEDULE NUMBER DESCRIPTION OF PROPERTY AS LISTED ON TAX ROLL P0012231 COMPRESSOR respectfully requests that the taxes assessed against the above property for the years A. D. 19 19 , 19 , are erroneous or illegal for the following reasons, viz: (Explain completely why the assessment is erroneous or illegal) OUR COMPANY REMITTED PAYMENT FEBRUARY 26, 1988 FOR SCHEDULE NUMBER P0012231, WHICH COVERED PROPERTY TAX ON A CAS COMPRESSOR, C.S .I. UNIT NUMBER 3359. WE HAVE DETERMINED THAT THIS EQUIPMENT WAS REMOVED FROM WELD COUNTY NOVEMBER 14, 1986. BECAUSE THE AFOREMENTIONED EQUIPMENT WAS NOT LOCATED WITHIN WELD COUNTY ON JANUARY 1, 1987 (SEE ATTACHED SUPPORT) , THIS TAX WAS BILLED ERRONEOUSLY AND SHOULD BE REFUNDED TO OUR COMPANY. 19 87 19 Value 19 Tax Value Tax Value Tax Orig. 71 ,540 5,648.44 Abate. 71,540 5,648.44 Bal. -0- -0- C.S. I. That xxx has paid said taxes. Wherefore your petitioner prays that the taxes, as aforesaid erroneously or illegally assessed, may be abated or refunded in the sum of $ 5,648.44 I declare, under penalty of perjury in the second degree that this petition, together with any accompanying exhibits or statements, has been examined by me and to the best of my knowledge, information and belief is true, correct and complete. COMARESS.Q.R SXS1 EMS-,.--INC Petitioner • By--" - -4L-G : -- -z c-c / Agent Address P.O. DRAWER A,-----MIA-LAND,---TEXAS---79-71.1 1 880754 _ 1 RESOLUTION OF COUNTY COMMISSIONERS WHEREAS, The County Commissioners of Weld County, State of Colorado, at a duly and lawfully called regular meeting held on the 29th day of June A.D. 19 88 , at which meeting there were present the following members- Chairman Pro-Tern C.W. Kirby, and Commissioners Frank Yamaguchi and Gordon E. Lacy; with Chairman Gene R. Brantner and Commissioner Jacqueline Johnson / notice of such meeting and an opportunity to be present having been given to the taxpayer and absent the Assessor of said County and said Assessor Richard W. Keirnes and taxpayer neither present nor represented Feliefic •ht; and (name) (name) WHEREAS, The said County Commissioners have carefully considered the within applica- tion, and are fully advised in relation thereto, NOW BE IT RESOLVED, That the Board _ concurs with the recommendation of (concurs or does not concur) denied the assessor and the petition beand an abatement/refund not be allowed (approved or denied) (be allowed or not be allowed) on an assessed valuation of$ 71,540. for $ 5,648.44 total tax for the year(s) 19 87 pro fem Chairman of Board of Zounty Commissioners. STATE OF COLORADO, )) County of Weld ss. I, Mary Ann Feuerstein , County Clerk and Ex-officio Clerk of the Board of County Commissioners in and for the County of Weld State of Colorado, do hereby certify that the above and foregoing order is truly copied from the records of the proceedings of the Board of County Commissioners for said Weld County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Greeley , this 29th da 1. J ne ieuel ,�tt AD. 19 88 a(p�,J //7 County Clerk. ) Deputy. ACTION OF THE PROPERTY TAX ADMINISTRATOR Denver, Colorado, 19 The action of the Board of County Commissioners, relative to the within petition, is hereby ❑ approved; 'Ill approved in part $ 0 denied for the following reason(s) ATTEST: Secretary. Property Tax Administrator. 880754 46 c o o p, c. w 8 � ft ow m r 0 co °�3 " y o ° > 8 ti y O U ut d a .. $ m T� chi aka o cIs . o a >) .., m m > ° c cC W o-.1 �' y y ar £ , \ 2 d a-) y O*r° z Q Z .. w G s. N N U W y "C o kl W to L ri . W O O IC .- ( a 4,^ C O% yr. W a'"i c > t' Etn CI' my 2a��+ W Ow g o t� „ a a r .O 0 Q o a, d G • < #t m w�ci pN o� 'y°« � z 4 ti la S C o' «, m „rfl © in c �° ac > tag �OUt ° c� cc ₹" c a y ° mo d „ 0E ^ �w w C o d `� Han '•w 1 ,�1:3 — y y v a y x QC7Q' o >, � o o. d al F° 15 'y a4 ,, Is.„, if, s\i ti,c, I log MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER PO. BOX 758 GREELEY, COLORADO 80632 :'' xP 9 L G �A1�'' ''" (3031 356-4000 EXT. 4225 COLORADO June 30 , 1988 , Murray Hambuck Compressor Systems , Inc. P.O. Drawer A Midland, Texas 79711 Dear Mr. Hambuck: On June 29 , 1988 , the Board of Weld County Commissioners considered your petition for tax abatement and denied same. Pursuant to Section 39-2-125 (F) , C.R.S . , you have the right to appeal this decision to the State Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and instructions from the Board of Assessment Appeals , Department of Local Affairs , 1313 Sherman Street - Room 420 , Denver, Colorado 80203 . Sincerely, Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Board By: r*-7sc., ,- ( f”7-,t ) Deputy Count*Clerk XC: Assessor 880754 7 J_ � a U ' .G of Hz n r- {L>4 LL. CQ w N. E i m VI J Ln t c d �O LL z� �' Qj tLL 0 3.5 'OL171JV o�. a r, w . . $N % m 'C u7�..zz o WW [� m > 4p �� D+ 0 3 $ p 0.iilz V� m ≥ N.2 cmi¢ of {U [�z7 A $ LL Y'W7 N ≤' • g'cc . 1i1IO H py X ¢ E OO• A 0 ¢ ¢3 I. i- a° Ua Z $661 aunr '0080 WiOA Sd M 0C_r 1 I- M N a. IY w `t, o U W a a o IO ti z m E nom;• >. Ct w U j 0 wEn - .- E O O , — W U C m Y \ g W d O an d ❑❑ J V i G 2 ou �' v, H v� 0 2 `g E 1 < Qb w g m $ �-' Q c O u ti 2 ne ; •¢W yy� m� 0 LL> F- -1' \') fn w !�- e O 'p ti • O O e q�f Q ,. C V g. ffi n p 04 Q G a W . pi ; {6 Q � v i❑ • ° • ❑ Q' o ��m2 : r wS ° 4 m H° H M I. c g2: 1�J -.7,r"°g S d .c a .1,-0 ray • O 3 . ,. m ° a U �2 N O 2.._'6 °0[ z ,r. 0 a F • m— '"� r-1 c..-, y F.r 1 Z $YA N. ${ E wo ao I'' -4 m • i ulL:i . V VQi ,!J!Ti!4 Q QLI1 mn e^-i3 3w Ey r .I m o • 3% dj in if, a O_ u p.- LL `i wXjcoX r: l ,t,, ., .., (0 ,_iii., MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDEF P.O. BOX 758 ii GREELEY, COLORADO 80632 (303) 356-4000 EXT. 4225 C• COLORADO June 13 , 1988 Compressor Systems , Inc. P.O. Drawer A Midland, Texas 79711 Dear Sirs : • This is to advise you that the Weld County Board of County Commissioners will hear your petition for tax abatement or refund on the property described as : Schedule #P0012231 , Compressor. This meeting is scheduled for Wednesday, June 29 , 1988 , at 9 :00 A.M. at which time you may be heard. The meeting will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely, Mary Ann Feuerstein Weld County Clerk and Recorder and Clerk to the Board D, puty Count Qlerk XC: Assessor 880754 -J Q -8 f r-) m oo� z M W >- I� --I - �.g it ,± C E it- La, h v) 0, C ,-IW >a W ^ E g? C/ ¢ �zv m LL 0 s o u 0 r r O c o r -Q W nu p5 W w -.Q R o m N H m E. O �� it 71, o \ci \� W V1 g qq7y -i w a m m v a if s vl O W rah a m ¢ E ¢ a a W a 6 - m ` E cC E ai F E Q a r-7 m m d ii w` a o OO• q U m ¢ ¢9 ¢c a c) a. Z S86t aunp '009E unod Sd .SEENDfl: Complete when e� vlcea are desired, and complete Items 3 and 4. an your address In the"RETURN TO" Space on the reverse side. Failure to do this will prevent ahss d from.Wing returned to you. The return recelot fee will provide you the name pf the noon � leered to and the date of dclive�rrx1(( For edditlonal fees the following services are available.Conwth aster for fees and check boxes)for additional servicels)requested. 1. O Show to whom delivered,date,and addressee's address. 2. O Restricted Delivery t(Extra charge)t t(Extra charge)} I. Article Addressed to: 4. Article Number 9/Z CI9 COMPRESSOR SYSTEMS, INC. Type of Selo: P.O. DRAWER A ❑ egiatered ' O Insured MIDLAND, TEXAS 79711 R Certified O COD ❑ Express Mall Always obtain signature of addressee or agent and DATE DELIVERED. %. Signature—Addressee 8. Addressee's Address(ONLY ff x requested and fee paid) X. ture—Agent X of i1li. \ 14 �"J�LA„ UUU Jill H7 $% PS Form 3811, Mar.1987 a l.S.0.P0.1057-118-285 DOMESTIC RETURN RECEIFIO 880754 729-Agva M//gm 0 RELIANCE PIPELINE COMPANY One of the NICOR 1667 Cols Boulevard Golden,Colorado 80401 Phone 303 232 4282 C C T g v iSbb basic energy companies q October 9, 1986 �1.S'1.MAILROOP OCT 20 s , Compressor Systems, Inc. 1726 Cole Blvd. , Suite 325 Golden, CO 80401 Attention: Mr. David L. Freier Dear Dave: accordance with our conversation of October 8, effective Friday, October 31 , 1986, Reliance Pipeline desires to terminate the current rental agreement, dated October 19, 1985, now in effect between Pin , Compressor Systems, Inc . (CSI) and Reliance. The rental agreement �/ involved one Ariel JGR-4-3 gas compressor, driven by a Caterpillar G398TA-LC Engine (CSI Unit No. 3359C), for the Jupiter Field near Grover, Colorado. No additional requirements will be necessary. Current estimates indicate the unit will be ready for shipment to your yard in Midland, Texas, in approximately two to three weeks . The October invoice will represent the last payment of rentals on the unit. Respectfully yours , g'IAATL • qr"--- Gary L. Jones Sr. Operations Engineer GLJ/sj cc: R. A. Bennett 880751 ,-, 5-61 ei - � RECEIVING REPORT N° 3682 IIVED AT -e-Ge FROM ATE /1-1941:‘, LOCATION HOW RECEIVED :AKE MODEL s/n /372--ESCRIPTION 13/Z /f S/ ,,i v,3 5 .3c rn "ORK DESCRIPTION It COMPLETION DATE ! ' SHIPPING INSTRUCTIONS .UTHORIZED BY RECEIVED BY • • 88(J 5.4 • COMPRESSOR SYSTEMS, INC. • - A. ROAM 175$, QTWSt 1.2$ A10 ,... N° 4570 NAAR All tatMNIM, MIDMIO, tout Ph... 915/543-1170 INVENTORY CONTROL RECORD INSTRUCTIONS '1 HAULER C.S.I C.S. I. Truck # Q5.1 DATE October f , 19 85 TO: Reliance Pipeline STORE CSI MIDLAND You are hereby authorized to move equipment as per detailed instructions below: FOR DELIVERY Equipment 1335' i l311' 8 S 3/8' & 4 5/8'. JGR-4-3. G-398TA. 108YCI Stock No, 3359c FROM.(present location). CSI FM 1788; Midland. TX To Weld Co.. Colorado • c(\\\ 4•CL: • REMARKS: )if necessary, include map on reverse side of this form.) Issued by COMPRESSOR SYSTEMS. INC. Store IMPORTANT. By YflCLLI Q.tJO All movements of whole goods, or any parts Receipt Acknowledged. Date 10-85 thereof, must be authorized by use of this form. Signature of consignee to be obtained on both Driver's Signature SJ...t original and inventory copies, the latter to be sent to Midland office promptly. Customer's Signature Date RMG75-4 PHONE (915) 563.1170 Compressor F.M. ROAD 1768 DRAWER A BETWEEN WEEN 1.20 AND HWY. 80 MIDLAND, TEXAS 79711 Systems.inc. NEAR AIR TERMINAL RECEIVED RENTAL AGREEMENT WITH MAINTENANCE SEp 3n 1g85 THE STATE OF TEXAS COUNTY OF MIDLAND SALES Unit No. 3359C V Rental Agreement No. This Rental Agreement made this 19th day of October , 19 85 between COMPRESSOR SYSTEMS, INC.. a Texas corporation, hereinafter called "Lessor," and Reliance Pipeline hereinafter called"Lessee." Lessor in consideration of the payment of the rentals hereinafter set out, hereby leases to Lessee and the Lessee leases from Lessor the following described personal property, hereinafter referred to as "Equipment" Al General Description One 13.5 & 13.5 & 8.375 & 4.625 Ariel JGR-4-3 Gas Compressor Powered by a Caterpillar G398TA-LC Natural Gas Engine; Cooler; Murphy Panel ; Suction and Interstage Scrubbers ASME Coded: Mounted on a Structural Steel Skid. E Serial Numbers on Unit Cylinder Frame Engine Cooler for use on Lessee's Jupiter Field Compressor StatitQ&e, Section 4. 10N . 61W X (d( Weld County 1FJ6XTX)03IXIY, which lease is more particularly described as follows: for a minimum term of Twelve (12 ) months beginning the day of Unit is Shipped , 19 , and ending on the _ day of , 19 , in consideration of which Lessor and Lessee hereby agree to perform the terms and conditions hereinafter set out and to pay the rental hereinafter set out. TERMS AND CONDITIONS '1. Lessee shall pay to Lessor monthly in advance at Lessor's offices in Midland, Midland County, Texas, the following rental plus any sales or use tax: Monthly Rental Rate for Gas Compressor $ Monthly Rental Rate for Foundation Bases N/A by customer Monthly Insurance Rate Contract Maintenance Monthly Rate Fee for Pumper if required for day to day operation N/A ' Total Monthly Payment $ Plus applicable sales or use tax. If full payment is not received on or before the first day of the month, such shall constitute a default in payment and Lessor may pursue any and all remedies as provided herein or at law. The contract maintenance monthly rate shall be subject to escalation on each annual anniversary date of this contract. Lessor shall annually submit to Lessee in writing any increase in such contract maintenance monthly rate desired by Lessor. Lessee, within twenty days of receipt of such notice of rate increase, shall have the right to terminate in writing the portion of this contract relating to contract maintenance by Lessor. Should Lessor receive such a termination notice from Lessee within such twenty-day period, then Lessee shall provide all maintenance to the equipment, including the items which Lessor would otherwise have been responsible for under Paragraph 4 below. Should Lessor receive no such termination notice from Lessee within such twenty-day period, then the contract maintenance portion of this contract shall continue until the next annual anniversary date of this contract with the monthly rate for same being increased as set out in the written notice from Lessor to Lessee. 2. Lessee agrees to inspect the equipment within 48 hours after its receipt and agrees not to remove the equipment from the above described location during the time this Rental Agreement is in force or effect. Unless within said time Lessee notifies Lessor, in writing, to the contrary, stating the details of any defects, Lessee shall be conclusively presumed to have accepted the equipment in its then condition. Upon acceptance of delivery, Lessee assumes the care, custody, supervision and control of such equipment and of any and all persons or property in the vicinity of sucn equipment during time of operation, delivery and return and shall indemnity and hold Lessor harmless from claims as provided for in Paragraph 18 hereunder. Lessee agrees to use said equipment only for the compression of gas according to manufacturers specifications and in accordance with the other provisions of this Rental Agreement, which shall be considered to be the normal use of same. 3. Lessee agrees to use said equipment in a careful and prudent manner with competent agents, employees or contractors, and shall operate the equipment within the manufacturer's recommended ratings, and in accordance with the normal use described in Para- graph 2 above. Lessee, as specified in Paragraph 1, has agreed to pay for contract maintenance. Lessee shall submit monthly operating reports. Lessee agrees to pay for damages to the equipment resulting from free water, excessive condensate or foreign solids, or impuri- ties contained in the gas stream. Lessee further agrees to pay for all damages to the equipment resulting from abusive use,failure to main- tain the equipment in accordance with this agreement, or from any negligence on the pert of Leslee,its aaents,employees or contractors. It is agreed for purposes of this paragraph that the equipment described above has a value of 340/ ..6t1.3.00. Lessee agrees to carry acceptable all risk insurance coverage with a recognized insurance carver in an amount at least equal to the agreed value. Lessee agrees that Lessor shall be named as an additional insured under the terms of said all risk insurance coverage. • 4. Lessee shall operate the equipment and is responsible for the following repairs and services: (a) Starting and stopping unit. (b)Stopping leaks of oil or coolant. (c) Making required reports to Lessor. (d) Furnishing free use of natural gas for engine use(sweet and dry). (e)Filling oil and coolant reservoirs as needed. 880754 (f) Providing Lessor with reasonable accessibility to location and all necessary items to perform its duties hereunder. Lessor is responsible for the following it O (a) Furnishing all lubricants. (b) Furnishing all coolants. (c)Furnishing all replacement parts, labor and transportation to repair the equipment except as set out in Paragraph 3 above. Monthly cost increases for lubricants and coolants furnished hereunder above the cost of such items on the date of this contract shall be paid by Lessee. Lessor shall notify Lessee of any such cost increases plus handling charges by invoice mailed to Lessee, which shall be paid promptly by Lessee. 5. Lessor presently carries and will maintain during the term hereof, external physical loss insurance coverage on the equipment. Lessee shall reimburse Lessor the monthly insurance rate set out in Paragraph 1 above or Lessee shall submit an insurance certificate to bear all nsks of loss or damage to the equipment not included within the terms of Lessor's insurance coverage, ordinary wear, tear and deterioration excepted. 6. Lessee agrees to notify Lessor promptly in the event of a breakdown. If the services of an engineer are required by the Lessee for superintending the loading or unloading, and operating or for instructing the employees of the Lessee, such engineer will be furnished by the Lessor for the sum of $t per hour which Lessee will pay. Lessee shall also pay all traveling and living expense of said engineer while engaged in said work. The engineer, while engaged in such superintendence and instruction, shall be the employee of the Lessee and subject exclusively to the Lessee's direction and control. Lessee shall not be entitled to reimbursement or compensation for repair parts or labor furnished by any party other than Lessor without Lessor's consent prior to the time repairs are made, or for any loss or damage resulting from Lessee's loss of use of the equipment following a breakdown thereof. Should Lessee require supervision for installation of said equipment, Lessee shall pay for same at the rate of$ N/A per hour, plus expenses and mileage. 7. Lessee agrees to bear all of the cost of connecting the equipment and of disconnecting the equipment prior to returning the equipment to Lessor. Cost of transporting the equipment from Lessor's yard in Midland. Texas, to the lease described above, will be at the expense of Lessee. Transporting the equipment from said lease back to Lessor's yard will be at the expense of Lessee. Lessee shall not remove the equipment from the lease except with the prior written consent of Lessor. The costs provided for in this Paragraph shall be paid by Lessee. in full, on or before the first day of the month following connection, disconnection or transport. 8. The title to the equipment shall always remain in Lessor, and Lessee shall not give or attempt to give, create or allow to be created any conveyance, security interest, lien or encumbrance affecting this equipment. Upon termination of this lease agreement. Lessee shall surrender the equipment to Lessor. 9. Lessee shall pay all ad valorem taxes assessed against the equipment. 10. Lessor shall have the right at all times to enter upon the premises where equipment may be located for the purpose of inspecting it or observing its use. 11. No covenant or condition of this Rental Agreement can be waived or changed except by the written consent of Lessor. Forbear- ance or indulgence by Lessor in any regard whatsoever shall not constitute a waiver or change of the covenant or condition to be Per- formed by Lessee to which the same may apply, and, until complete performance by Lessee of said covenant or condition, Lessor shall be entitled to invoke any remedy available to Lessor under this Rental Agreement or by law or equity despite said forbearance or indul- gence. Waiver of any default shall not waive any other default. 12. Service of all notices under this agreement shall be sufficient if given personally or mailed, by certified mail, to the party involved at its respective address set forth below, or at such address as such party may provide in writing from time to time. Any such notices mailed to such address shall be effective when deposited in the United States mail,duly addressed and with postage prepaid. 13. Any holding over at the expiration of the minimum term shall be on a month-to-month basis at the same rental and under the same terms and conditions as the last month of such minimum rental term; and may thereafter be terminated by either party upon thirty (30) days written notice to the other. Until such notice is given, the terms and conditions of this Rental Agreement shall remain in force and effect until the equipment is returned to Lessor's yard in Midland, Texas. 14. It is hereby expressly agreed that in the event of Lessee's default in any payment due, or which may become due hereunder, or a failure by Lessee to observe any of the terms or conditions hereof, or if said property is levied upon or seized by any public officer or receiver, or if Lessee becomes bankrupt or insolvent, or if a petition in bankruptcy is filed against Lessee, or if Lessee makes an assign- ment for the benefit of creditors, or if any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee in connection with this Rental Agreement shall prove to be false in any material respect when made or furnished, or if Lessor shall in good faith believe that the prospect of payment or performance by Lessee is impaired, or if Lessee dies, Lessor or its agents, may without notice or liability or legal process enter into any premises of or under control of Lessee or any agent, employee or contractor of Lessee where said equipment may be or by Lessor is believed to be and repossess the equipment, disconnecting and separating all thereof front any other property and using all force necessary or permitted by applicable law,in the event of such notice, the Lessee agrees to then pay all rental due including the unpaid balance of the agreed minimum rental, damages for any injury to the equipment, costs of such removal of said equipment from the possession of the Lessee, and all freight, storage, transportation, and other charges incurred by such removal, shipping, and return to Lessor at its place of business. Lessee hereby waives all rights under the exemption laws of the State of Texas and any other State whose law may be found to apply hereto. Lessee agrees to indemnify and hold Lessor harmless from any and all claims of any nature whatsoever occasioned by the removal of the equipment, whether such claims result from the forfeiture of any oil. gas or miners lease, damage to a producing reservoir or lease operations, or whatever, and Lessee agrees to pay all of Lessor's attorneys fees which may be occasioned by the removal of the equipment.*or render the equipment inoperable. 15. Upon repossession of the equipment, Lessor may, at Lessor's option re-lease the equipment for a term and rental which may be equal to, greater than, or less than the rental and term herein provided. Any rental payments received under a new lease made within that time for the period prior to the expiration of this Rental Agreement, less Lessor's expenses of taking possession, storage, reconditioning and re-leasing, shall be applied on the Lessee's obligations hereunder, and Lessee shall be and remain liable for the balance of the unpaid aggregate rental set forth above. Lessee's liability shall not be reduced by Lessor's failure to re-let the lease equipment. All past due rental installments and all sums due and payable after default of Lessee shall bear interest at the rate of ten percent (10%) per annum. If any legal proceeding be instituted by Lessor to recover any moneys due or to become due hereunder, Lessee shall pay a reasonable sum,as attorneys fees, in any event not to be lees than Two Hundred Fifty and No/100 Dollars($250.00). 18. Lessee shall protect, indemnify and save Lessor and its assigns harmless against any and all claims, demands and causes of actions of every kind and character whatsoever, including attorneys fees, arising in favor of any person, including employees of lessee, on account of personal injuries or death or damages or economic loss, whether direct, indirect, consequential, special or otherwise, to 'persons or property occurring, growing out of, incident to or resulting directly or indirectly from the use, maintenance, condition or delivery of the equipment during the existence of this Rental Agreement whether such loss, damage, injury or liability arises from or is contributed to by imperfections or defects of the equipment, whether latent or patent and whether of components or of design, or from other causes whatsoever, and Lessee shall provide adequate liability insurance at Lessee's own expense. Lessee further agrees to indemnify the Lessor and hold it harmless from all expenses, including attorneys's fees, caused by or related to any breach by Lessee of the covenants in this agreement. Lessee further agrees to exhibit adequate general liability insurance coverage with specific evidence of contractual liability coverage. 17. In addition to any other insurance which the Lessee may be required to carry, Lessee shall maintain in effect the following insurance,at Lessee's sole expense, with insurance companies acceptable to Lessor and shall furnish Lessor with certificates evidencing such insurance on Lessor's insurance form. These certificates shall state that the insurance cannot be cancelled and restrictive modifica- tions cannot be made without giving thirty(30)days prior written notice to Lessor. (a) Worker's Compensation—Statutory; (Under Worker's Compensation, endorsements shall include U.S. Longshoreman's and Harbor Worker's Compensation Act when applicable,and All States Endorsements.) (b)Employer's.Liability—$100,000.00. (c)Comprehensive General Liability, including Contractual Liability coverage for obligations assumed under this contract, Completed Operatlons/Properly and Broad Form Property Damage; Bodily Injury/Property Damage—$500,000.00 combined single limit.Comprehen- - - sive Auto Liability Including Owned, Nonowned & Hired Automobile Coverages; Bodily Injury—$250,000.00 per person, $500,000.00 per occurrence: Property Damage—$250,000.00 per occurrence. (d)Comprehensive Auto Liability including Owned, Nonowned & Hired Automobile Coverages; Bodily Injury—$250,000.00 per person, $500,000.00 per occurrence: Property Damage—$250,000.00 per occurrence. (e)Boiler&Machinery, including Repair or Replacement Coverage—$500,000.00 combined single limit. p �t, (f) "All Risks"Property Coverage—(Dollar amount based upon specific equipment rented). 88C?5, Lessee agrees that Lessor shall be namec'AiR(an additional insured under the Boiler&Machinery OM Risks"Property policies. Lessee agrees to incorporate Waiver of Subrogation endorsements in Lessor's behalf on the Worker's Compensation, Boiler & Machinery and Property policies set forth above. Lessee agrees that the waivers of subrogation shall apply, not only to damage to the compressor itself, but to other plant property and equipment of the Lessee. It shall also extend to the loss of use of said equipment, whether insured or uninsured. 18. Lessee agrees that Lessor shall in no way be liable for and agrees to indemnify and hold Lessor harmless from any lost produc- tion which occurs while the equipment is not operating due to breakdown from any cause whatsoever. 19. Time is of the essence. Lessor's rights hereunder are cumulative and not alternative. 20. Lessor may assign its rights and delegate its duties under this Rental Agreement. Lessor covenants to and with Lessee that Lessor is empowered to execute the Rental Agreement. Conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the equipment during said term without hindrance. If Lessor assigns the rents reserved herein or all or any of Lessor's rights hereunder, such assignee's rights shall be independent of any claim of Lessee against Lessor: Lessee on receiving notice of any such assignment shall abide thereby and make payment as may therein be directed. Following such assignment, the term "Lessor" shall be deemed to include or refer to Lessor's assignee, except such assignee's rights shall be independent of any claim of Lessee against the original Lessor as hereinabove provided. 21. Neither this Rental Agreement nor Lessee's rights hereunder shall be assignable by Lessee except with Lessor's written con- sent; the conditions hereof shall bind any permitted successors and assigns of Lessee. Lessee agrees and affirms: (a) That information supplied and statements made by it in any financial or credit statement or application for credit prior to this Rental Agreement are true and correct; (b)That the address of Lessee's residence and place or places of business are those appearing below its signature; (c)That no financing statement which could be construed to cover the equipment rental hereunder, is on file in any public office and there is no adverse lien, security interest, or encumbrances created by Lessee which can attach to said equipment;and (d)THERE ARE NO EXPRESS WARRANTIES UNLESS THEY APPEAR IN WRITING SIGNED BY THE LESSOR AND THERE ARE NO IMPUED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE LEASE OF THE EQUIPMENT WHICH EXTEND BEYOND THE FACE THEREOF 22. Lessee will not change or remove any insignia, serial number or lettering on the equipment and shall conspicuously identify each item of the leased equipment by suitable lettering thereon to indicate Lessor's ownership. If any part hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations of any jurisdiction, such provision shall be inapplicable and deemed omitted but shall not invalidate the remaining provisions hereof. Lessee admits the receipt of a true copy of this Rental Agreement. This Rental Agree- ment is irrevocable for the full term hereof and for the aggregate rental herein reserved, and the rent shall not abate by reason of term- ination of Lessee's right of possession and/or the taking of possession by Lessor or forany other reason. 23. It is the intention of the parties hereto to hereby create a lease on the equipment described herein, and not a conditional sale. To provide solely for the eventuality that a Court might hold this to be a conditional sale, Lessor hereby retains a purchase money security interest to secure payment of the sale price of such equipment as determined by such Court, and Lessee grants to Lessor all rights given to a secured party under the Uniform Commercial Code in addition to Lessor's other rights hereunder. It is the intention of the parties that the equipment shall be deemed personal property and that it not be deemed a fixture, even though it may be attached in some manner to realty. To provide solely for the eventuality that a Court might also hold the equipment to be a fixture, the parties state for the purpose of complying with the legal requirements for a financing statement that collateral is or includes fixtures. The above described equipment is affixed or is to be affixed to the realty described above. The record owner of said real estate is: (a) Record owner(s)of surface and mineral estate subject to the oil, gas and mineral lease.or oil and gas lease, described above (b) Owner(s) of said oil and gas lease, or oil, gas and mineral lease • 24. "Lessor" and "Lessee" as used in this Rental Agreement shall include the heirs, executors, or administrators, successors or assigns of those parties. 25. If more than one Lessee executes this Rental Agreement, their obligations under this Rental Agreement shall be joint and several. 26. Lessee will, if requested by Lessor join with Lessor in executing one or more financing statements, as may be described by Lessor, in form satisfactory to Lessor. 27. The law governing this Rental Agreement shall be Mat of the State of Texas in force at the date of this Rental Agreement. 28. Lessor and Lessee agree that venue of any lawsuit arising form or in connection with the terms of this Agreement shall be in Midland, Midland County, Texas. 29. This Rental Agreement contains the full agreement between the parties. No representation or promise has been made by either party to the other as an inducement to enter into this Rental Agreement. Lessor does not in any way or for any purpose become a partner of Lessee, or a joint adventurer, or a member of a joint enterprise with Lessee. 30. IF EXECUTED ORIGINAL CONTRACT IS NOT RETURNED FROM LESSEE AND RECEIVED BY LESSOR WITHIN THIRTY (30) DAYS FROM DATE OF CONTRACT. THEN NO PERCENTAGE OF PAID-IN RENTALS SHALL BE APPUED TO PURCHASE PRICE. 31. Other Conditions or Options: This is a straight rental agrpampnt this rnntract rannnt be converted into a lease purchase nor can this unit be purchased. EXECUTED as of the date first above written, in duplicate originals. COMPRESSOR SYSTEMS, INC. `��i� LESSOR Ess: Rel14.4a1 iance Pipeline By LESSEE WITNESS: 1667 Cole Blvd. , Suite 275 • (Address) Golden, Cnlnradn 014n1 (City&State) • GUARANTY • FOR VALUE RECEIVED, I,we or any or either of us jointly and severally guarantee the payment of the rentals set out in the above Rental Agreement and waive communication and notice of acceptance hereof. WITNESS OUR HAND this_day of 19_. AUL 3'§ Hello