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Home My WebLink About20193118.tiffAugust 6, 2019 Petitioner: WELLS RANCH 32010 COUNTY ROAD 63 GILL, CO 80624-9314 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-3118 Appeal 2008224801 Hearing 8/5/2019 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R1174686 Stipulated - Approved Stipulated Value $454,658 $77,407 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R1174686 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF NAME: Wells Ranch ADDRESS: 32010 COUNTY ROAD 63 Gill, CO 80624-9314 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: ALL 27 6 63 EXC UPRR RES 2. The subject property is classified as Agricultural property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 : Total $454,658 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year2019 actual value for the subject property: Total $77,407 5. The valuation, as established above, shall be binding only with respect to tax year2019 . 6. Brief narrative as to why the reduction was made: Review of ground lease indicates improvement belong to lessee. 7. Both parties agree that: FI The hearing scheduled before the Board of Equalization on 8/1/19 at 1:30 PM be vacated. A hearing has not yet been scheduled before the Board of Equalization. 1 QOM 3i is ASO(O3 DATED this 31st Patrick 1-. McNear Patrick L McNear (Jul 31, 2019 day of July 2019 Petitioner(s) or Agent or Attorney Address: 1212 8th Avenue Greeley. Colorado 80631 Telephone: 970-381-0628 Docket Number R1174686 Stip-1.Frm C*14447- 11141,41' 4-• (Assistant) County Attorney for Respondent. Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 R1174686 / Wells Ranch Final Audit Report 2019-07-31 Created: 2019-07-31 By: Wade Melies (wmelies@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAACKbFjhJQ4N5A9CBIsmwVHxC0I6eiIy4I "R1174686 / Wells Ranch" History 'n Document created by Wade Melies (wmelies@co.weld.co.us) 2019-07-31 - 6:36:49 PM GMT- IP address: 204.133.39.9 Document emailed to Wade Melies (wmelies@co.weld.co.us) for approval 2019-07-31 - 6:36:52 PM GMT A-) Document approved by Wade Melies (wmelies@co.weld.co.us) Approval Date: 2019-07-31 - 6:37:02 PM GMT - Time Source: serve- IP address: 204.133.39.9 Document emailed to Wade Melies (wmelies@weldgov.com) for approval 2019-07-31 - 6:37:03 PM GMT Email viewed by Wade Melies (wmelies@weldgov.com) 2019-07-31 - 7:15:17 PM GMT- IP address: 204.133.39.9 ea Document approved by Wade Melies (wmelies@weldgov.com) Approval Date: 2019-07-31 - 7:17:50 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-31 - 7:17:51 PM GMT Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-31 - 7:31:22 PM GMT- IP address: 204.133.39.9 o Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-31 - 7:31:37 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Patrick L. McNear (topmojo@aol.com) for signature 2019-07-31 - 7:31:38 PM GMT In Email viewed by Patrick L. McNear (topmojo@aol.com) 2019-07-31 - 9:41:27 PM GMT- IP address: 69.147.89.254 Adobe Sign C5.0 Document e -signed by Patrick L. McNear (topmojo@aol.com) Signature Date: 2019-07-31 - 9:45:46 PM GMT - Time Source: server- IP address: 96.88.82.153 E Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-31 - 9:45:47 PM GMT Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-31 - 10:48:34 PM GMT- IP address: 204.133.39.9 b© Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-31 - 11:13:37 PM GMT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to Karin McDougal (weld-cboe@weldgov.com), canaya@weldgov.com, Brenda Dones (bdones@co.weld.co.us), Wade Melies (wmelies@weldgov.com), and 2 more 2019-07-31 - 11:13:37 PM GMT 4111114) Adobe Sign Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Patrick McNear Contact Email: topmojogaol.com Contact Phone: 970-381-0628 Appeal Submitted: 03:13 PM July 15, 2019 Appeal submitted for: R1174686 - WELLS RANCH WELD Legal: 7699 ALL 27 6 63 EXC UPRR RES Reason: Incorrect Info - The property owner does not own the improvements being taxed as industrial and receives rental revenue based on an limited agricultural use for the real property owned. Estimate of Value: $14,948.00 Document(s) Submitted: Account: All Accounts - Letter of Authorization Wells EXE.pdf Account: All Accounts - Surface Lease - fully signed 8-17-12.pdf You have selected the following Date Preferences: Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m. Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m. Friday, August 2, 2019, from 9:00 a.m. to 12:00 p.m. Friday, August 2, 2019, from 1:30 p.m. to 4:30 p.m. Monday, August 5, 2019, from 10:30 a.m. to 12:00 p.m. The Appeal process can take several weeks for us to complete. You will receive a written decision on your appeal within five (5) working days of your hearing. We thank you for your submittal. Weld County Board of Equalization 2019-3118 As 1 O3 Letter of Authorization for Property Tax Matters I/We, the undersigned, as the owner of the property listed below located in Weld County, delegate the agent listed below full authority to handle all matters relative to assessments and to represent me/us, with the assistance of legal counsel if necessary, in the appeal process for taxyear 2019 Agent Name: Patrick L. McNear Agent Address: 1212 8th Avenue, Greeley, Colorado 80631 Agent Phone: (970) 381-0628 Agent Email: topmojo@aol.com Owner Information: Property Owner Name: Wells Ranch LLLP & Steven T. Wells Please Print Property Owner Signature: Date: 05/30/2019 Property Information (Please attach additional sheets as necessary) 1. Parcel # and/or Account # R0150989 Property Address37442 HWY 392, Pt Sec 25, T7N R63W 2. Parcel # and/or Account # R1173486 Property Address33334 CR 68. Sec 22-06-63 3. Parcel # and/or Account # R1174186 Property Address Sec 24-06-63 4. Parcel # and/or Account # R1174486 Property Address 33250 CR 68, Sec 26-06-63 5. Parcel # and/or Account # R1174686 Property Address Sec 27-06-63 LETTER OF AUTHORIZATION FOR PROPERTY TAX MATTERS WELLS PAGE 2 6. Parcel # and/or Account # R1206186 Property Address: 32508 CR 57, Gill, Colorado 80624 7. Parcel # and/or Account # R2140803 Property Address: 2701 14` Ave., Greeley, Colorado 80631 8. Parcel # and/or Account # R1043396 Property Address: 2419 15` Ave Ct., Greeley, Colorado 80631 9. Parcel # and/or Account # R8942012 Property Address: 2308 1$` Ave. Ct., Greeley, Colorado 80631 10. Parcel # and/or Account # R8942013 Property Address: L2 BLK 1, Greeley Industrial Park, Ist RPLT SURFACE LEASE This SURFACE LEASE dated as of��, 2012 (the "Lease"), is by and between Wells Ranch, LLLP, a Colorado limited liabili limited partnership, whose address is 32010 CR 63, Gill, Colorado 80624 (the "Owner"), and DCP Midstream, LP, a Delaware limited partnership, whose address is 370 17th Street, Suite 2500, Denver, Colorado 80202 ("DCP"). RECITALS A. Owner owns approximately 20 acres in Weld County, Colorado more particularly described on Exhibit A hereto (the "Property"). B. Owner desires to lease to DCP, and DCP desires to lease from Owner, the Property on the terms and conditions set forth herein. AGREEMENT Section 1. Lease of Property. In consideration of the rents and covenants to be paid and performed by DCP and upon the terms and conditions of this Lease, Owner hereby leases to DCP and DCP hereby leases from Owner, the Property. Owner grants DCP an access easement to the Property across Owner's other properties, the location of which shall be established and approved from time to time by Owner, which approval shall not be unreasonably withheld. Such easement shall terminate and revert to Owner upon the expiration or termination of this Lease. The initial location of the easement shall be as depicted on Exhibit B attached hereto. Section 2. Term. The term of this Lease shall commence on the date first set forth above (the "Commencement Date") and shall expire on the last day of the calendar month first occurring Ten (10) years from the Commencement Date (the "Primary Term"). At the expiration of the Primary Term, DCP, or any successor in interest to DCP pursuant to the terms of this Lease, shall have the option to renew and extend this Lease for two (2) additional terms of ten (10) years each (the "Secondary Terms") upon the terms, covenants and conditions herein contained. Such right to extend shall be exercised by written notice from DCP delivered to Owner at least six (6) months prior to the expiration of the Primary or Secondary Term. Section 3. Rent. DCP covenants and agrees to pay Owner for the Property, in lawful money of the United States, without offset, deduction or demand fixed rent (the "Base Rent") in the amount of Three Hundred Dollars ($300) per acre per year during the Primary Term and Fifty Dollars ($50) per acre per year during the Secondary Terms. Base Rent shall be due and payable on the first day of each calendar year during the Term, without offset, deduction or demand. Base Rent for any portion of a calendar year shall be prorated based on the actual number of days accruing during such year. Section 4. Use of Property. DCP's use of the Property shall be limited to the planning, construction, operation, maintenance, repair and replacement of a natural gas compressor station (the "Facility"), and all related activities, in compliance with applicable laws. 1 Section 5. Real and Personal Property Taxes/Utilities. (a) From and after the Commencement Date, DCP shall pay or cause to be paid, without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, and all other charges, assessments and taxes of every description, levied on or assessed against (a) the Property, the Facility and the improvements located thereon; (b) any personal property located on the Property; and (c) the leasehold estate, to the full extent of installments assessed during the Term. Notwithstanding anything herein to the contrary, DCP shall be obligated to pay for all development and impact fees for the Facility, and all related construction and development expenses for the Facility from and after the Commencement Date. DCP shall make all such payments directly to the appropriate charging or taxing authority at least fifteen (15) days before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment, provided DCP has received from Owner or otherwise all relevant documentation, assessments and notices from such taxing authorities (the "Tax Documentation"). Owner shall promptly provide the Tax Documentation to DCP upon receipt from taxing authorities. All payments of taxes or assessments or both, including permitted installment payments, shall be prorated for the initial Lease year and for the year in which this Lease terminates, based on the actual number of days in each such year that are included in the Term. DCP shall not be obligated to pay income taxes, estate taxes, franchise taxes or any similar taxes imposed on Owner or based on the net income or value of the assets of Owner. (b) DCP shall pay directly to the provider of such utilities the cost of all electrical, gas, water, sewer, telephone and other utilities serving the Improvements on the Property. Section 6. Construction of Improvements: Title to Improvements. (a) Construction. Subject to the provisions of this Lease, DCP may (i) construct or install on the Property buildings, structures, roads and other improvements and compressors, pipelines, separators, dehydration units and other gas transmission equipment ("Improvements") reasonably necessary for the Facility; (ii) make such additions, alterations, changes, and improvements in and to any Improvements now or hereafter on the Property as DCP may deem necessary or desirable; and (iii) remove, and demolish any Improvements now or hereafter constructed and erected on the Property by DC?. DCP may construct or relocate existing roads and driveways on the Property only with the prior written approval of Owner, not to be unreasonably withheld. DCP may construct fencing around the perimeter of the Property as DCP may deem necessary or appropriate to secure or enclose the same and take other security precautions if it is determined by DCP, in its sole discretion, that such fencing and/or security measures will reduce such risks of damage, death or injury without unduly burdening Owner's use of the Property or adjacent property Owner holds any interest to. The expense for any and all Improvements authorized herein to be constructed by DCP, or other security measures taken by DCP, shall be borne solely by DCP. (b) Work. All work desired to be done by DCP on the Property shall be done at the sole cost and expense of DCP, shall be performed in a good and workmanlike manner, free of mechanics' and materialmen's liens. At all times during the Term, DCP shall keep the Property and the Improvements free of mechanics and materialmen's liens and other liens of 2 like nature arising out of DCP's actions. DCP covenants and agrees to indemnify, defend and hold Owner harmless from and against any losses or expenses, including attorneys' fees, resulting from any and all mechanics' or materialmen's liens or any other liens against the Property by any supplier for any work performed during the entire term of this Lease, except any work performed at the request of Owner or its agents. (c) Title to Improvements. All Improvements placed or erected upon the Property by DC?, and all personal property situated therein shall, during the term of this Lease and any extension or renewal hereof, shall vest exclusively in DC?, and DCP shall have the right in DCP's sole discretion to remove prior to the expiration or termination of the Term any such Improvements. Upon the termination of this Lease for any reason, whether by expiration of the term or otherwise, the title to the portion of any Improvements then situated on the Property and not yet removed by DCP, including roads, gravel, road base, buildings, concrete foundations, ponds and buried pipelines abandoned in place, shall, at Owner's option within its sole discretion forthwith vest in and be the sole property of the Owner, free of any right, title, interest, claim, or demand of the DCP, or of anyone claiming through or under DCP, provided, however, that DCP shall have the right, by written notice delivered to Owner prior to the date of such termination or expiration, to reserve title in and to any tanks, compressors, separators, dehydration units and other oilfield equipment and appurtenances on the Property , which Improvements DCP shall remove in any event no later than 180 days after such date of termination or expiration and for which purpose DCP shall retain a limited license to access the Property. DCP shall remain liable for the payment of rent during such period until such time as DCP removes the Improvements. If DCP fails to remove any such Improvements within such 180- day period, title to such Improvements shall, at Owner's option within its sole discretion forthwith vest in and be the sole property of the Owner, free of any right, title, interest, claim, or demand of the DCP, or of anyone claiming through or under DCP. In the event Owner chooses not to accept title to any Improvements abandoned on the Property by DCP as described above, DCP shall, upon written notice from Owner specifying the Improvements to be removed, remove all such specified Improvements and return the Property as near as reasonably possible to the condition it was in on the date of this Agreement, including, without limitation, the grading and successful reseeding of the Property, provided that DCP shall be not be obligated to remove footers, foundations or pipelines in the ground beyond an 18 inch depth. DCP shall have a limited license to access the Property to accomplish the foregoing, as necessary. (d) Further Assurances. Upon the expiration or termination of the Term and Owner's exercise of rights pursuant to (c) above, DCP shall execute and deliver to Owner such instruments as Owner shall reasonably request to transfer the Improvements to Owner and to confirm Owner's ownership thereof. Section 7. Land Use Approvals. In order to construct and operate the Facility, DCP will need to obtain certain governmental land -use approvals, including a subdivision exemption and a use by special review permit (the "Land -Use Approvals"). Owner agrees to reasonably cooperate with DCP in obtaining the Land -Use Approvals, provided Owner does not incur any cost or charge in doing so. In the event DCP fails to obtain the Land -Use Approvals within fifteen (15) months from the date of mutual execution of this Lease, DCP shall have the right to terminate this Lease upon thirty (30) day written notice to Owner, and the parties shall have no 3 further rights or obligations hereunder, except as expressly survive expiration or termination hereof. Section 8. Maintenance of Improvements. DCP shall, throughout the term of this Lease, at its own cost, and without any expense to Owner, keep and maintain the Property, including all Improvements and all appurtenances to the Property used by DCP, in good, sanitary and neat order, condition and repair, and, except as specifically provided in this Lease Agreement, restore and rehabilitate or remove, at DCP's election, any Improvements of any kind that may be destroyed or damaged by fire, casualty, or any other cause whatsoever pursuant to criteria consistent with typical business practices of prudent operators of similar facilities. Owner shall not be obligated to maintain or make any repairs, replacements or renewals of any kind, nature or description, whatsoever to the Property or any Improvements. Section 9. Limitation of Liability; Indemnification. Owner shall not be liable for any loss, injury, death or damage to persons or property that at any time may be suffered or sustained by DCP by any person whosoever may at any time be possessing, controlling, using, occupying or visiting the Property or Improvements or be in, on, or about the Property or Improvements, whether or not the loss, injury, death or damage shall be caused by or in any way result from or arise out of DCP's possession or use of the Property, DCP's operations or activities on the Property, or any act, omission, or negligence of DCP or of any occupant, subtenant, visitor, invitee or user of any portion of the Property or Improvements. DCP shall defend, indemnify and hold harmless Owner against any and all claims, liability, loss, expense (including, without limitation, reasonable attorney's fees and costs) whatsoever on account of any such loss, injury, death or damage. DCP waives all claims against Owner for damages to the Improvements and facility that are now on or hereafter placed or built on the Property and to the property of DCP in, on or about the Property, and for injuries to persons or property or death in or about the Property or Improvements, from any cause arising at any time. This Section 9 shall not apply to loss, injury, death, claims or damage arising by reason of the negligent or reckless act or omission of Owner, or Owner's agents, employees, invitees or anyone else acting by, through or under Owner. Section 10. Environmental Matters. (a) Compliance with Laws. DCP shall, and shall cause its agents, employees, contractors and invitees to, use the Property and conduct any operations on the Property in compliance with all applicable Environmental Laws. As used herein, "Environmental Laws" means, as of the Commencement Date, any federal, tribal, state, local or foreign law (including common law), statute, rule, regulation, requirement, ordinance and any writ, decree, bond, authorization, approval, license, permit, registration, binding criteria, standard, consent decree, settlement agreement, judgment, order, directive or binding policy issued by or entered into with any national, state, local, native, or tribal government or any subdivision, agency, court, commission, department, board, bureau, regulatory authority, or other division or instrumentality thereof pertaining or relating to: (1) pollution or pollution control, including storm water; (2) protection of human health from exposure to Hazardous Substances or protection of the environment; (3) employee safety in the workplace; or (4) the management, presence, use, generation, processing, extraction, treatment, recycling, refining, reclamation, labeling, transport, storage, collection, distribution, disposal or release or threat of release of Hazardous Substances. 4 "Hazardous Substances" shall mean any and all hazardous or toxic substances, hazardous constituents, contaminants, wastes, pollutants or petroleum (including, without limitation, crude oil or any fraction thereof), including, without limitation, hazardous or toxic substances, pollutants and/or contaminants as such terms are defined in applicable Environmental Laws; asbestos or material containing asbestos; and PCBs, PCB articles, PCB containers, PCB article containers, PCB equipment, PCB transformers or PCB -contaminated electrical equipment (as such terms are defined in Part 761 of Title 40, Code of Federal Regulations), or any waste, substance, product, or other material which is otherwise regulated or restricted under any Environmental Law. (b) Normal Use. No Hazardous Substances shall be generated, treated, stored or disposed of, or otherwise deposited in or located on the Property other than the normal use of Hazardous Substances typically used by businesses engaged in the types of activities authorized by this Lease so long as such use is in full compliance with all applicable Environmental Laws. (c) Survival. The obligations of DCP set forth in this Section 10 shall survive the Term or earlier termination of this Lease or the exercise by Owner of any of its remedies hereunder. Section 11. Insurance. DCP shall, during the entire Term, keep in full force and effect, solely at DCP's cost and expense, all of the applicable insurance coverages set forth below: (a) A policy of commercial general liability insurance and excess liability insurance with respect to the Property and the activities of DCP thereon, for which the limits of not less than Two Million and no/100 Dollars ($2,000,000.00) per occurrence combined single limit bodily injury, sickness or death and loss of or damage to Property, naming Owner as an additional insured. Such coverage shall include a broad form general liability endorsement. (b) Statutory worker's compensation insurance and employer's liability insurance. (c) Automotive liability insurance covering owned, non -owned or hired vehicles affording minimum coverage of One Million and no/100 Dollars ($1,000,000.00) per occurrence combined single limit bodily injury or death and loss of or damage to property. (d) If not otherwise covered under (a) above, coverage for pollution liability with minimum limits of Two Million and no/100 Dollars ($2,000,000.00) to cover bodily injury; property damage, including natural resource damage, cleanup costs, removal and disposal, covering both sudden and gradual pollution conditions resulting from the escape or release of petroleum or natural gas, or by products from the exploration or production of the same. Any or all of the above coverages may be satisfied by purchasing commercial insurance or through self-insurance. Section 12. Casualty. If the Facility or Improvements, if any, or any portion thereof, shall be damaged or destroyed by fire, casualty or the elements, this Lease shall continue in full force and effect, without any abatement of or reduction in the Base Rent payable hereunder. 5 Section 13. Condemnation. In the event that all or a part of the Property is taken by eminent domain or conveyed in lieu of eminent domain, if the Property cannot reasonably be used by DCP for their intended purpose (a "Total Taking"), then this Lease will terminate effective as of the date that the condemning authority shall take possession of the same. In the event of a taking which does not prevent DCP from using the Property for their intended purposes (a "Partial Taking"), this Lease shall not terminate but shall continue in full force and effect without modification to Base Rent or other obligations hereunder. In the event of either a Total Taking or a Partial Taking, Owner shall be entitled to retain all portions of any condemnation award except to the extent expressly allocated to the value of the Improvements or DCP's leasehold estate, and DCP shall be free to seek such separate condemnation award for DCP's interest in the Improvements or leasehold estate as DCP deems to be appropriate. Section 14. Assignment and Subletting. DCP shall not assign (in whole or in part), or otherwise encumber this Lease, nor sublease all or any part of the Property, without Owner's prior consent, which consent shall not be unreasonably withheld or delayed. Section 15. Quiet Enjoyment. (a) DCP, upon paying the Base Rent and all other sums and charges to be paid by it under this Lease, and observing and keeping all covenants, warranties, agreements, and conditions of this Lease on its part to be kept, shall quietly have and enjoy the Property during the term of this Lease, without hindrance or molestation by anyone claiming through or under Owner, subject to all liens, encumbrances, easements, restrictions and other matters of title as of the date hereof (the "Permitted Exceptions"). (b) Owner represents and warrants to DCP that it has fee simple title to the Property, free and clear of all liens, encumbrances, easements, restrictions and any other matters or defects other than the Permitted Exceptions, and the power and authority to execute and deliver this Lease and to carry out and perform all covenants to be performed by it hereunder. Section 16. Defaults. (a) The following events (each an "Event of Default") shall constitute defaults on the part of the DCP with respect to its obligations hereunder: (1) The failure to pay any amount due hereunder when the same shall become due, and the continuance of such failure for a period of thirty (30) days after written notice of such default has been given by Owner to DCP. (2) The failure to observe or perform any other material covenant, agreement, or obligation herein contained on the part of DCP to be observed and performed, and the continuance of such failure for a period of thirty (30) days after written notice thereof has been given by Owner to DCP or, if such failure, because of its nature, cannot be cured completely within thirty (30) days, the failure to commence the correction of such failure within such thirty (30) days or the failure to diligently prosecute the correction of such failure. 6 (3) The filing or execution or occurrence of: (i) a petition in bankruptcy by or against DCP; (ii) a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Federal Bankruptcy Code or any state bankruptcy or insolvency law; (iii) adjudication of DCP as a bankrupt or insolvent; (iv) an assignment by DCP for the benefit of creditors whether by trust, mortgage, or otherwise; (v) a petition or other proceeding by or against DCP for, or the appointment of, a trustee, receiver, guardian, conservator or liquidator of DCP with respect to all or substantially all its property; or (vi) a petition or other proceeding by or against DCP for its dissolution or liquidation, or the taking of possession of the property of DCP by any governmental authority in connection with dissolution or liquidation. (b) Upon the occurrence or existence of an Event of Default, Owner may at any time thereafter while such Event of Default continues: (1) Subject to compliance with Section 16(b)(4), below, give a written termination notice to DCP, and upon the date specified in such notice, the Term of this Lease shall expire and terminate, and all rights of DCP under this Lease shall cease without the necessity of reentry or any other act on Owner's part. No act by or on behalf of Owner, other than giving DCP written notice of termination, shall terminate this Lease. Upon any termination of this Lease, DCP shall quit and surrender to Owner the Property in accordance with this Lease. If this Lease is terminated, DCP shall be and remain liable to Owner for damages as hereinafter provided and Owner shall be entitled to recover forthwith from DCP as damages an amount equal to the total of: (i) all costs, fees and expenses incurred by Owner (including reasonable attorney's fees) in regaining possession of the Property; plus (ii) any and all amounts payable hereunder by DCP as of the date on which Owner regains possession of the Property; plus (iii) all other amounts necessary to compensate Owner fully for all damage caused by DCP's default, subject to any duty of Owner under applicable law to mitigate; plus (iv) interest at the rate of twelve percent (12%) per annum on such items (i) — (iv) (the sum of items (i) — (iv) is referred to herein as the "Default Rent"). (2) Owner's exercise of any or all of the remedies set forth in this Section shall not in any way restrict Owner's right to exercise any or all available remedies at law and in equity. (3) Subject to compliance with Section 16(b)(4), in the event of any termination of this Lease by its terms or by operation of law, DCP, so far as permitted by law, waives (i) any right of redemption, re-entry or repossession, and (ii) the benefits of any laws now or hereafter in force exempting property from execution for rent or for debt. (4) Notwithstanding anything to the foregoing in this Section 16(b), Owner and DCP acknowledge that DCP intends to invest substantial capital and time in the Improvements and operations on the Property and, as a result, termination of this Lease, or repossession by Owner of the Property may result in a substantial hardship to DCP. Accordingly, prior to any termination of this Lease by Owner or repossession by Owner of the Property, Owner and DCP agree first to try in good faith to settle the dispute by mediation at the election of DCP. The parties shall use a mediation expert reasonably acceptable to both sides and shall convene the mediation at a location mutually acceptable to the parties in the State of 7 Colorado. The costs of mediation shall be borne equally by the parties. In the event the parties are unable to resolve the dispute by mediation through the exercise of good faith efforts by the date that is thirty (30) days from the occurrence of the Event of Default, then Owner shall be entitled to pursue the remedies set forth in this Section 16(b) and Owner shall be entitled in the pursuit of such remedies to recover the costs of mediation incurred by Owner hereunder. Section 17. Waivers. Failure of Owner or DCP to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by Owner or DCP at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provisions of this Lease or a consent to any subsequent breach of the same or any other provision. No acceptance by Owner of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account. Section 18. Force Majeure. In the event that Owner or DCP shall be delayed in, hindered in, or prevented from the performance of, any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Section 19. Notice. Every notice, approval, consent or other communication authorized or required by this Lease shall not be effective unless same shall be in writing and personally delivered or sent postage prepaid by United States registered or certified mail, return receipt requested, addressed to the other party as follows: As to Owner: As to DCP: Wells Ranch, LLLP Steven T. and Teresa L. Wells 32010 WCR 63 Gill, CO 80624 Telephone: 970-356-4671 DCP Mainstream, LP 370 17`h Street, Suite 2500 Denver, CO 80202 Phone: (303) 605-1730 Attn: General Counsel Either party to this Lease may from time to time change its address for receipt of notice and other communications by giving notice to the other party in writing and in accordance with the procedure set forth above in this Section. Section 20. Certificates. Either party shall without charge at any time and from time to time, within thirty (30) days after written request of the other, certify by written instrument duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: (i) whether this Lease has been supplemented or amended and if so the substance of the supplement 8 or amendment; (ii) whether the Lease is in full force and effect; (iii) whether any default exists under this Lease; (iv) whether any offsets, counterclaims or defenses exist; (v) the commencement and expiration dates of the Term; and (vi) with respect to any other matters reasonably requested. Any certificate may be relied upon by the party requesting and receiving it. Section 21. Governing Law. The terms and conditions of this Lease shall be governed, interpreted, constructed, regulated and enforced by the laws of the State of Colorado. Section 22. Partial Invalidity. If any term, covenant, condition or provisions of this Lease or the application thereof to any person or circumstance shall at any time or to any extent be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected and each term, covenant, condition and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 23. Entire Agreement. No oral statement or prior written matter shall have any force or effect. DCP agrees that it is not relying on any representations or agreements other than those contained in this Lease. Section 24. Parties. Except as herein otherwise expressly provided the covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of Owner, DCP and their respective successors, administrators, heirs and assigns. Section 25. Recording. Upon the mutual execution and delivery of this Lease, DCP shall have the right to record a Memorandum of this Lease in form reasonably satisfactory to Owner in the Clerk and Recorder's Office of Weld County, Colorado, Section 26. this Lease, DCP shall months prior written termination specified shall have no further termination hereof. Voluntary Termination Right. Notwithstanding anything to the contrary in have the right at any time to terminate this Lease upon not less than six (6) notice and payment of one (1) year's rent to Owner. Upon the date of in such written notice from DCP, this Lease shall terminate and the parties rights or obligations hereunder, except as expressly survive expiration or [signatures appear on next page] 9 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands as of the day and year first -above written. OWNER: Wells Ranch, LLLP By: Steven T. Wells Title: General Partner DCP: DCP Midstream, LP, a Delaware limited partnership By: Name: ,1 <� j z,. Its: 71 rr 7 14-4 r 10 STATE OF COLORADO ) COUNTY OF WELD ) ss. (The foregoing instrument was acknowledged before me this p� m day of west, 2012, by Steven T. Wells, as General Partner of Wells Ranch, LLLP. Witness my hand and official seal. My commission expires: (SEAL) STATE OF COLORADO COUNTY OF kEilld. Notary Public The foregoing instrument was acknowledged before me this 711day of 2012, by taws ). /tom E as Ai{�1� 1161 rL1 0-- DCP Midstream, LP, a Delawaaie limited partnership. r Witness my hand and official seal. My commission expires: ��: (SEA1 \PCY a li- PV `O , O filotriliiittO ,.4.) MY CommssS'0 11 Not ar'public (( EXHIBIT A SECTION 27, TOWNSHIP E NORTH, RANGE 63 WEST OF THE 6TIH PRINCIPAL. %1RREDIAN, WI4ELO COUNTY, STATE CF COLORADO N 1/2, NW 1/4, NW 1/4 SEC. 27 (872.980 so. FT. 20.041 ACRES) NW COR. SEC. 27 NE COR, SEC. 27 °Or,:vD 3-1/4' ALUM. CAP FOUND 3-1/4" ALk,`A4. CAP $TAMPED 'LS .34995' BASIS or BEARINGS S`ALSPED 'oL 5 37068- I 1 NOR n.; -il RE?. SEC. 27 N89'07'10"E 5252.44' /j,7 '2 l I a I N84'Ds'44I r, d n g 2626.22' .\T '313.11' 2626.22' v ig I"N 112 1315.99' i°7" 1715.99' :n o H6SD6'18"E e-2931.98' ly "n € N In b la z I N N !2 F I \, I / ' y i3i8.86 k 1718.88' --H89'45'2s`E 2537.75' _ - - - N89'OS'25`E 2537.76' - - ',,. E i I F I I5,4 "E't' E 1 (&1' A.U. GJ 2 nl IH 2'r N N C - N. C<113 _8°9.28 ___ 359'03'41 'w 5239.57' SW CDR. SEC. 27 room 3-1/4" ALUM. CAP STAMPED "PLS 37056" SURVEYORS STATEMENT. 4 DARREV R. V'ALTER$'1'ORFF. A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF COLORADO, DO NEREer srArE TI -EAT T HIS EXHI34T WAS PREPARED UNDER Mr SUPERViSK+N DURING THE MONTH OF JUNE 1512. I ALSO $T A'TE THATTw$ EXHIBIT' 1S NOT ALAND SURVEY PLAT OR IMPROVEMENT SURVEY W.ATAND IS NOT TO SE RELIED UPON FOR THE ESTABL'SH LENT OF FENCES, MUSINGS. OR OTHER PAVE IMPROVEMENTS. NC TEE I. 'MIS Fmerr WAS PREPARED WITHOUT TH=_ BENEFIT OF A TITLEcomm irec'AND THEREFORE LW SURVEY CO, HAS NOT RESEARCHES OR SHOWN ANY OTHER EASEMENTS R!SHTS-DF4VRY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN 11585ON. 2 THE SEANEiG9 SHOW,: NERECNINERE ESTABL°SHED EY COLORADO STATE PLAA:E NORTH, NADES. ALL DISTANCES SHOWN HEREON ARE CELL DISIANCESARD ARE IN u s- SURVEY FEET. TO OBTAIN GROUND DISTANCES W `LTIFLY VALUES O WETN HEREON BY 1.0002E05SiB. T. THIS EWiBR IS ROTA LAND SURVEY PLAT, OR AN IMPROVEMENT SURVEY FLAT. WELLS RANCH 'I r Y 2649.23'_ SE CCR, SEC. 27 FOIJrAD 3 -?J ALUM. _AP STAMFCD 'PLS 37033' I Scale: 1" 1000 1000 2000 FEET CONTAINING AN AREA OF 872,910 SCLIARE FEET OR 20A41 ACRES, MORE OR LESS au. 45000 RC: G017 AFO;111130005 PARCEL EXHIBIT WELLS RANCH 5112,NS1' I.V, NN 114 SECTION 27. TOWNSHIPS II FT6 RANGE ES ✓tE55T.PH P.M. WELD COMM'. 7.aLORAT +&AIPSY; T5 1553312 SET' DATINXI2 tAVS vRca ISM Pt rlory,2.¢ F...qmvect 55558 Sac WELLS RANCH BOOSTER WELD C.0E0IiY, COLORADO 1'fJ Fy`W4\r:ll .. M7..a x' G. w L£V , V Fir .:1,n7 Canty, Ctilrazth Hello