HomeMy WebLinkAbout20181506.tiffCERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company, Inc. hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972,
LEGAL DESCRIPTION
A portion of the northeast one -quarter (NE1/4) of Section 2, Township 6 North, Range 65 West of
the Sixth Principal Meridian, County of Weld, and State of Colorado, described as follows:
BEGINNING at a point, monumented by an 18 inch long 1/2 inch rebar and yellow plastic cap
stamped PLS 37068, from which the east one -quarter corner of said Section 2, a 3-1/4 inch
aluminum cap stamped PLS 38149, bears S 70°23'14" E a distance of 875.15 feet;
Thence the following eight (8) courses (all monumented with an 18 inch long 1/2 inch rebar and
yellow plastic stamped PLS 370680;
Thence S 89°59'52" W a distance of 832.00 feet;
Thence N DO°00'08°' W a distance of 821.00 feet;
Thence N 89°59'52" E a distance of 539.00 feet;
Thence N 00°00`08" W a distance of 141.00 feet;
Thence N 89°59'52" E a distance of 105.00 feet;
Thence S 00°00'08" E a distance of 141.00 feet;
Thence N 89°59'52" E a distance of 188.00 feet;
Thence S 00°00'08" E a distance of 821.00 feet to the POINT OF BEGINNING.
CONVEYANCES (If none appear, so state):
Reception No. 247641
Book 474 Page 169
Reception No. 1968633
Book 1031
Reception No. 2165941
Book 1219
Reception No. 4264996
Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited
to the fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be
signed by its proper officer this 6th day of February, 2018, at 7:00 am.
Order No. H0523512
Heritage Title C mpany, Inc.
Authorized Signatory
LIMITATION LANGUAGE FOR LIMITATION TO AMOUNT OF FEE PAID FOR SEARCH
ALL PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT, IF NOT
IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR
OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT, ALL PARTIES
RECOGNIZE THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH
COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, ALL PARTIES
UNDERSTAND THAT THE COMPANY WAS NOT WILLING TO PROCEED IN THE PREPARATION AND
ISSUANCE OF THE REQUESTED REPORT BUT FOR ALL PARTIESR AGREEMENT THAT THE COMPANY'S
LIABILITY IS STRICTLY LIMITED.
ALL PARTIES AGREE, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT AND TO
THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS,
AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER
SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR
ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF
ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING
INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE
COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF
WARRANTY, EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY OF RECOVERY OR FROM
ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT, SO THAT THE TOTAL AGGREGATE
LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL NOT EXCEED
THE COMPANY'S TOTAL FEE FOR THIS REPORT.
ALL PARTIES AGREE THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE
PRICE BEING PAID WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED WITHOUT SAID
TERM. ALL PARTIES RECOGNIZE THAT THE COMPANY WOULD NOT ISSUE THIS REPORT, BUT FOR ALL
PARTIES' AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THIS REPORT, TO THE
FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND
PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THIS REPORT.
THIS REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY
TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND
SHOULD NOT BE RELIED UPON AS SUCH. IN PROVIDING THIS REPORT, THE COMPANY IS NOT ACTING
AS AN ABSTRACTOR OF TITLE. THIS REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE,
LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THIS REPORT IS NOT TO BE RELIED
UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO
REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE
REPORT, ASSUMES NO DUTIES TO ANY PARTIES, DOES NOT INTEND FOR ANY PARTIES TO RELY ON
THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON
THIS REPORT OR OTHERWISE.
IF ALL PARTIES DO NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND ANY PARTY DESIRES THAT
ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, ANY PARTY MAY REQUEST AND PURCHASE A
POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE.
NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. ALL PARTIES
EXPRESSLY AGREE AND ACKNOWLEDGE THAT ALL PARTIES HAVE AN INDEPENDENT DUTY TO ENSURE
AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY
PRODUCTS OR SERVICES PURCHASED.
NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THIS
REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
ALL PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA,
BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON_
OPERATION OR INCREASED EXPENSE• OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF
CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT
AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE,
OR OTHERWISE AN❑ WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY,
BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE
OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH
DAMAGES.
THESE LIMITATIONS WILL SURVIVE THE CONTRACT.]
wA,e!ea1{ pry ➢ase arnonn,"ro.r, r, pa.'-ld ee•,.t a-fi a DAL,. D. U.., C Cda 210]1
fog° t,.'
WARRANTY DEED
/ 5✓
.sveis of ceTuir a>0.1 •
coc'o10 or Ware,
This Warranty Dceei w filedr fee. record
eFf2}4m ,�.M sir.../ ?.1917
-,- r-
...z --4-q.,--,4. _ ..A.--.-er, r_"yr=,.•s v.'r r -� L i,L J ``.a{ ..h { sr r.-�
r l d . {/ f /j n t A --Le - —'7'' f/ ,L r/4 rr]r r �F p / �/[¢�-I.c
1� f' YiLf-.eir! E.w - -f�f .e yr�7. _{Nf' -L.-. ✓ r C2Lv.d PmtF-e 9N�•/" �r X�-^
1]r.,liy,
s h a`L/`
169
U1)fe 1Deed, Made this rdZ.z L aG`4i ...,...day of.is, tho y eS- of m -Lord one thousand alp hundred and ..-/„. yf1 e -." - er , between
and Slate of Colorado, of the
drat part, mu]
of thee ....,,,,, County of.......... 'C f.G.-}_ _ ..,
., and State of Colorado, of the . seooadpart_
t7f,'1'rh;fr.SIc k'ld, That the cold part -----of the Srst part, for read in consideration of the emu
of. /:C ,s..l_l t�:. r�:'r.- .,yt.'s�'fs •lam-�:,-n-d .�-m,....... DOH.ARit,
to the said the tratpalt in hand poil by the oti:i i, r�E..•-,...uf 4hu sew Ott park, flu c receipt
whereof ire Wr y confessed and av!rnewlalgeel, hltsf...r.rante3,4{arg.eI ge& sold and ereevcYtd, and by
these harg.eiu,sell, [sassy and confirm Voee the add par - r ,...ot the eUCOSd
',ells and cadges.forever, all the Id larr{ng deTorl'aed lot.r...oi' per ,f--nf land, situate,
lying and being in the._...•-- ..... -r+::•rnr::•:^ r,-1.._..__...._County of Weld and Stale of Colorado, to wit :
amt - t ,
n _ c.�c1r Gf
a. w f r r•.. f
"rd
r
tiL ,�,f •�''�r�[ -U �T` �' y�l`T-1+ tl-N-lrtl �FLrS!♦<+� CIF-4f'?---",,-.-:7:7:51.-":,.�}
r (Ce.�z-7' r r - eta s- v .Le:e >`- . .,le- a 6 .f' -G - ,-L�{ .r•,, ,•.r1ir.2J5t'Cf
r'KC4 .t r.4.4.Z..../25-4.-4,-e'eS .v,Ld-te-- r- ..,V.:1--..1.- re lrr' L�4r
r
8rf..f /fed c •- :_-•,-.7'-''''-±7'-,./10,1- ,/,G f`•; r:: eA-1,-14x7zlt l`c-`�3`
�A �,�•,yyr��
TOGETHER with all and singular the hereditamoote and appurfenanoea thereunto belonging, or in anywieo appertaining, auu] the reveeaion
and revoreione, remainder and remainders, rents, lama and profits thereof; and all the estate., right, title, Inteieat, claim and demand whatsoever of
the call par i „el the first part, either in haw or equity, of, in and to the above bargained premises, with the heeeditamoota and appurteuanoea.
1IAYi-1 AND TO HOLD) tits V,as.+$ieemleee above bargained and deeoribed, with the appurtenances, unto
the mid pare ..of s e, d past c,e,.:-., cr r ?C ..hems and assigns forever. And the said _..... ..._..,._...__..._.• •....•••••
part, .- ,�4 FGA, 7 .....,., loge, erceoutora end at the time of the r Bove u and ant, bargain i those ,green {,e d a the i
� rr2�r r C. {-i .1V,_:. -o tho
part, fax Try admen atrators, du rCcovennnt, ant, and agree kged tie tb the said
1.'
part.... _-o[ the second rG,. rK ,.ra�,.>�Nc.r ho1,a and anises, that 6 1 �••� %�'���•- t�-•-u•
w¢t'k seinad of Cho Femmes above con yid, as of good, sure, perfect, absolute and indefeasible estate of inheritance, In law, in feeefimple, andba-d"
good right, full powei and lawful authority to grant, bargain, ecll and convey the same Muumuu and form aforesaid, and that the name are free and
clear from all former and other grants, bargains, sales, Ilene, tares, assessments and Ineumbrancee of whatever hind .---°- _,_nature sower.
.. bargained
ere he quiet claiming or le possession
of the
he or any 7r 5 thereof, the . eie part cl..,�_..,.� the . "'.'.re.a.__. tei
against all and every or s arsoatlawfully end ai ling or to claim
l
and the above pp i _-..-...of-inn ycr+�n,l ...... re and assigua,
gy p +. tadrat part ehaU and
w l WARRANT AND FOREVER DEPEND.
IN WITNESS WHEREOF, The add poet of the font part iv4i,I r,,cuniu v 3 .r_t.. .-. ..learnl— nrtdseal. .. ..the day and year
feat above mitten., }
Signed, Sealed and Delivered in Pretence of -L4._C ........._ . [SEAL]
(SEAS,'
_................................... (SEAL]
[SEAmJ
STATE OF COLORALL
...... f1....-.
,,�,},, ....._...-__-..' . who le personally Imgwn,
v to be tiro O"e rvi nnrrirt_,r.c—,reutearib el to thc.:'i .teih -• i.
a N c 1' lie in p dL .. r - __- Z.: _
r l ,z,„g red; appeared before me this day in person and
' c nowl i thet...- her__ _al gurei, central meal de livered the laid lnattvmeot of wilting es42...k...... {ree and voluntary eat_ °-' =.-r- t1
for the uses and purposes therein set {cr th-y......
.County, to the State rdurepaid, do hereby certify that..
Given der mbandoq.,, ..rz-Y6,
Ct _••--.de. el.__.r .fit° ..�r£�. D019.....---....
� � , this � � y . ,A. 4
Telly comotlsahon
Nul,;r 'Public.
ltrcororu ar wre„,
AR19bdir33
B 1031 REC 01968633 05/30/84 11:47 $3.oir 1/001
P 2382 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Dotee"4AAT-0Ufo1¢ae
PERSONAL REPRESENTATIVE'S DEED
(TESTATE ESTATE)
L7ollarsr *Oratdaiye� sec
csaiiiatehlextbithtikattiontafisticioprademillom.shamoaptionedcflkildP the following described"
reel properly situate in the ' County of _Weld ,StateofCdlorado:
'Are Northeast Quarter of Section Two, Township Six North, Range Sixty— .
five West of the 6th Y.M., TOCET ER,-Frliit. Your (4) shares of the capitol •.
stock of The Lorimer, and Weld Irrigation Company; Pour (4) share: of the .
capital stock of Tito Latimer and Weld Reservoir Co,; Pour (4) ehareu of
she capitol stock of Thh Windsor Fbceeryoir and Canal Company; Fight (8)
eharee of the Capitol stock of The Owl Creek Supply 6 Irrigation Go. i•
and together with; flight-ef-Way.over and across the Northwest Quarter of • • •
S et on Two,. Tramahi Si* North, Range'Sixty-five West of the 6tl► P.M„ 51eld -
d11SlisetSC •
County, Colorado, AS recorded in Book 272 at rage 454,,rind with Right -of -Way •
for tile lira' over andacrass the Sauthweat Quarter of Section Two, Township
Six North, Range Sixty-five West of the 6th P.1l., Weld County, Colorado, as
granted by Agreement recorded .in Book 1064 at rage 398, Weld County record:.
Also known aa: 22018 Weld' County Road 74, Eaton,. CO 60615
With all, appurtenances, free' and clear of ifene and encumbrance's, except taxes
for oho year 1984,. payable in 1985, and•subject to. reservations and restriction,
of record and fart hei .mini joet to the axieting farts lcaeo.
THIS DEED Ie made by C. Irarvey liagnuean end Cordon Magnuson sus personal
Representative of the Estate of Alfred Arvid non ,- twiannmoarb4
piIge)!r',decemud, Grantor, to Irvine. Ine,,a Colorado corporation „Grantee,whoee
addresais 1839 lab Ave. ft.,.arealov. CO
•
WHEREAS, the above -nerved decedent in his lifetime made and executed his Last Will and
Teatamentdated HnY 29 ,111 •which Will woe duly admitted to iformal)(informs!)
ptabatoon • September t4 i8 5g , by the Weld County Court in and for the
Countyot Weld ,end State ofCo1eredo,ProbateMo...1'_ #153 ;
WHEREAS, '.Grantor was duly appointed Personal Representative of said Estate'on
February 9. .19_9, mind Is now qualified and acting in said capacity. ..'
NOW. THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate
Code; Grantor does hereby sell, convey, saaign,'transfer and sot over. unto Granter piaxjetsta
Aeit.3Wt1'Lfor and in consideration of 5325 ,004, 00
As used herein, the singular includes the plural and the masculine gender the feminine and
neuter genders as the context may require.
• Executed_ 14av 29 ,19 94 ,
as creti tin". r ' C ti s of the
Estate of Alfrdd.Arvidaan,
Deceased'
as Personal Representative of
Estate of Alfred Arvidaon
6hasillaxosmiecldternon)*
orATEOF`-COLORAbO 1
CAUNTYOF Wilt° 1F se,
The ftrego1ng In ruroent we. acknowledged berore inc this 29th.- deyof
Hay - r(�-'84 _by G,__11otvoy Magnuson end, _cordon Pinectrison — se
Personal Repr'esentiiiveof the Estate of Alfred Arvideol
{p RARisibilitztragestairilei, Deceased,
W En,t,ty,Etsnd SSA official seal,
nr.. -
le ii(lip irex:
October 9, 1986
Nuts,. Public
ant" was married. If etriaken, consult Colorado Statutes regarding homestead
kfrliotirraqulrementofaDeed from surviving spouse. _
CpC41.1'srllpel rIi**tjve'sDeed Mot:PO elaII,,.Iydy.ntnIFlI44t,Mo.r+,tlrLe•CNesIsI-0I-0I-IPI1177iwu{—hN 2,!
ti..w�re•,am++
AR21b5y+il
rcecordedr B 1219 REC 02165941 12/22/88 15:03 $3.00 1/001
F 1638 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Reception,
Quit Cimrikat
THIS DEED is a conveyance from the individuallsi corporations) or other entity(ies) named below as
GRANTOR to the indisrfdualts) or entitylies) named below as GRANTEE of whatever interest the GRANTOR
may halre in the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its
appurtenances.
The specific terms of this deed are:
Grantor. Ir:ue n.rmrl.l and uluel.t of Luxe. d the spouse or the er.ner eanlor n raining in thin Deed fa release homeelrad nehls.
idemes ilranlnn as h,.bami and vide)
IRVINE, INC., a Colorado Corporation
22518 Veld County Road 74
Eaton, Co. 80615
Grantee n:nr r.ainof.1 and addressles1. Oate,o ell of Address, Incbdins available mad or street number, is requned 1
IRVINE, INC., a Colorado Corporation
22518 Weld County Road 74
Eaton, CO. 80615
Form of Co-Oisnerehip:
(If there are two ur reeve granites named. they will be cored rimed to 1 aM e u Ismaie[7 in tamaan unless
the usvdi in joint tgronry' or words al the same reenter are added in iPre *ere teiow )
Property Description: (Inrtude county and stale]
The South half (S1) of the Northeast Quarter (NE') of Section
Two (2), Township Six (6) North, Range Sixty-five (65) West
of the 6th P.M„ Weld County, Colorado.
Property Address: vacant land
Reservations -Restriction: III Ih. GRAN tORinlemk fo reseree env Interest in Itie Pro'PeflY er In camsr bass gun hr esvn1, m .1
she CRrN1OR is,Mllrr tint the C.11.104 TIE'S i1Lnts in Ihr erpPerh•. r approprrl.- ndleal.ite1
Subject to rights -of -way and Deeds of Trust of record.
taco -ilea by the Granter ors Noveotber 14 , 19 88
Sys Claus b eo.Perltlm► Pwrr+IWP or AwotLuere slaasz• Oars he t•rrr+.rtrl:
IRVINE, INC., a olorado Corporation
By
a1�ae. Partnerdde or Annrlabor' -
tielW. Irvine. President
MIMI:
Ott Y:Vine, Secretary
STATr5,011c Fa piOO 1
rt t.CM At `' 1.1988
tiir ,�ts:� kw �gri~saiaca.,�>ceeeenrrsa+,etna 14th It.yot November
x=:11 , go as President and Beth E. Irvine, as Secretary of IRVINE, INC.,
km h a'sie Corporation. -
,rtePyink.Nr,0e 9f
r te'*ers(ca.-" .rP .. I Iw.
T1u frrssp�sg G5sQ9rr lire= aernou waged betom ne Iors
'
ay'
tore Hyq
r rise ei nd irvaual Granlari.3 prrf Oran ew 0palpon4m, paresenlvp nrAuocatwr. lrrtnLSMflay
n1 W+:nArffidt^ tantlitGlber d,
as,i:rani secretary, PI caporae.ar, a rs PP
as a1 H1V7. Il5r.Ca 4ra1rd la ,n.? (a1 elitfeeildbPrt
wge c
WITNESS my hand and olricssl std.
Vr W .leaden metres:
'1.,191.1 UPDATE LEGAL FOAM
P.O. Boa 1115 -Greeley. Cowmen BOOM
{amt ass -enact
51.
�aC'fes 1 IMAi
day el .19
halal!' PAS,
NO.203
4264996 12/27/2016 03:02 PM
Total Pages: 1 Rec Fee: $11.00 Doc Fee: $160,60
Carly Koppes - Clerk and Recorder, Weld County, CO
lit IllllUhlIIIllIIIIIllIlIIl! Ifil
Warranty Deed
(Pursuant to 38.30-113 C,R.S.)
THIS DEED, rude on December 21, 2010 by IRVINE. INC,, A COLORADO CORPORATION Gtantor(s), of the County of
WELD and State of COLORADO for the tonsidetatiou of ($1,5 06,030.00) "• One Million Five Hundred Six Thousand Thirty and
00/100 *** dollars in hand paid, laerebysells and conveys to NCWYO ASSETS LIB.", A COLORADO LMITIED LIABILITY
CO Crantee(s), whose stet address is 162S BROADWAY, SUITE 2200 DENVER, CO 00202, County of
F}.� _ . and State of COLORADO, the following real property 1t1 the County of Weld, and State of Colorado, to
Wit
LOT A, RECORDED EXEMPTION NO.0000-112-I-RE1142„ ACCORDING TO TOE MAP RECORDED JANUARY 30, 1989 AT
PECFP'I1 ON NUMBER 2159382, BEING A PART OP THE NORTH ITALF OF TIC NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 5nt P.M., COUNTY OF WELD, STATE OP COLORIWO-
--
State Documentary Fee
Date: December' 21, 2016
$ 150.60
AND
'THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 65 WEST OF TBE 6TH P.M.,
COUNTY OF WELD, STATE OFF COLORADO.
" EXCLUDING ALL RIGHT, TITLE AND INTEREST IN THE MINERAL ESTATE OWNED BY GRANTOR UNDER THE
PROPERTY.
also known by street and uurnber as: VACANT LAND GREELEY CO 80634
with ail its appurtenances and wain nts the title to the same, subject to general taxes for the year 2016 and chase specific fic Exceptions
described by reference to recordeddotatmenrs as reflected in the ntle Documents accepted by Grantee(s) fn actiaordurrce with Record
Title Matters (Section 0_2) of the Contract to Buy and Sell Real RAM' to the above described rear property; distribution utility
easements, (including cable TV); those specs frcolfy described rights of third parties not shown by the public records o(which Grantee(s)
has actual knowledge and which were accepted by Grantee(s) In accordance with Off -Record Vile Mutters (Section 83) and Current
Survey Review (Section 9) of the Contract to Buy and Sell Rear Estate relating to die above described real propery; inclusions of the
Properly within any special tax district; and other NONE
IRVINE, INC. A COLORADO CORPORATION
)ss.
BSPE•I E. IRVINE AS PRESIDENT
State of COLORADO
County of WELD
The foregoing instrumentwas aclmawledgedbefore me an this day of December 21, 2016
by BETH E. IRVINE AS PRESIDENT OF IRVINE, INC., A COLORADO CORPORATION
atm Public/
My commission
f
expires ` - r 'd'q
When Recorded 12eturn to: NCWYO ASSETS L.LC, a t,tJLORADO r LMPTEI) LIABILITY C
*'1625 BROADWAY, SUITE 2200 DENVER, CO 80202
NANCY A LOHR
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19924008574
Mi+ Con+rnisatin ap Ire a J Jty 16. 2020
Farm 13064 01/2011 wd,odt Warranty Deed (Photographic) FC25145697 {2713353x}
SURFACE LEASE
This SURFACE -LEASE dated as of d 2017 (the "Leese"), is by and between
Y NCWO ASSETS LLC, a Colorado limited Liability company, whose address is 1625
Broadway, Suite 2200, Denver, CO 80202 (the "Owner"), and DCP Operating Company LP, a
Delaware limited partnership, whose address is 370 17th Street, Suite 2500, Denver, Colorado
80202 ("DCP").
RECITALS
A. Owner owns certain real property in Weld County, Colorado, and more
particularly described as the S/2NE/4 of Section 2, Township 6 North, Range 65 West, 6th P.M.,
Weld County, Colorado as depicted on Exhibit A, attached hereto (the "Property").
B. Owner desires to lease to DCP, and DCP desires to lease from Owner, a 16.09
acre parcel on the Property depicted on the attached Exhibit A, on the terms and conditions set
forth herein.
C. Owner agrees to grant DCP an 8 acre temporary work area outside the designated
16.09 acres for laydown and staging for the construction of the compressor station, as depicted
on the attached Exhibit A. DCP agrees to reclaim and reseed said temporary work area upon
completion of the compressor station back to its original condition as it existed prior to
construction.
AGREEMENT
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.
Section 1. 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 year 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 2. 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 Sixteen Thousand Dollars ($16,000.00) per year during the Primary Term and One
Thousand Five Hundred Dollars ($1,500.00) per year during the first Secondary Term; and One
Thousand Five Hundred Dollars ($1,500.00) during the second Secondary Term. Base Rent
1
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 3. 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.
In the event DCP fails to obtain a Use by Special Review Permit to operate the Facility from
Weld County within one (1) year from the date of this Lease, DCP may, in its discretion,
terminate this Lease and the Parties shall have no further obligation hereunder except for those
obligations which expressly survive expiration of termination of this Lease.
Section 4. Easement. Owner hereby grants DCP an easement to cross land owned
by Owner and adjacent to the Property, as more particularly described on Exhibit B (the
"Easement"), Owner reserves the right to use the Easement provided that such use does not
unreasonably interfere with DCP's use thereof.
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 (1 S) 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 shall not be
responsible for any delinquency if the cause of such delinquency is Owner's failure to provide
all necessary 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 Emprovenuenis.
(a) Construction. Subject to the provisions of this Lease, DCP may (i) construct on
the Property buildings, structures, roads and other improvements ("Improvements") reasonably
necessary for the Facility; (ii) make such additions, alterations, changes, and improvements in
2
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 DCP. 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. In the event DCP intends to conduct any
Operations outside of the Lease/Facility Area, or Easement Area, DCP shall provide Owner with
thirty (30) days' notice and following the receipt of such notice, at the request of Owner, DCP's
representative shall meet and consult with the Owner (or Owner's representative), on the site, as
to the exact location of the Property it intends to use. DCP and Owner shall determine mutually
acceptable consideration for performing Operations outside of the Lease/Facility Area, or
Easement Area
(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. 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.
(c) Title to [mproveinents. All Improvements placed or erected upon the Property by
DCP, and all personal property situated therein shall, during the term of this Lease and any
extension or renewal hereof, shall vest exclusively in DCP, 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, separators, dehydration units and other oilfield
equipment and appurtenances on the Property, which Improvements DCP shall remove in any
event no later than ninety (90) days after such date of termination or expiration and for which
purpose DCP shall retain a limited license to access the Property. If DCP fails to remove any
such Improvements within such ninety (90) 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 confirming
that it does not elect to accept title to any Improvements, remove all such Improvements and
return the Property as near as reasonably possible to the condition it was in on the date of this
Lease, including, without limitation, the grading and successful reseeding of the Property,
provided that DCP shall be not be obligated to remove footers and foundations in the ground
3
beyond an 24 inch depth. DCP shall have a limited license to access the Property to accomplish
the foregoing, as necessary.
(d) Mechanic's Liens. DCP shall keep the Property and the Improvements, at all
times during the Term free of mechanics and materialmen's liens and other liens of like nature
arising out of DCP's actions, and at all times shall fully protect and indemnify Owner against all
such liens or claims and against all attorneys' fees and other costs and expenses growing out of
or incurred by reason or on account of any such liens or claims.
(e) 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. Maintenance or 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, restore
and rehabilitate 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 8. 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 or by any third party resulting from, arising out of or related to possession, control, use,
occupying or visiting the Property Improvements or Facility, such persons presence in, on, or
about the Property Improvements or Facility, or DCP operations on the Property, Improvements
or Facility, regardless of fault and 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
Improvements or Facility, DCP's operations or activities on the Property, Improvements or
Facility, or any act, omission, or negligence of DCP or of any occupant, subtenant, visitor,
invitee or user of any portion of the Property, Improvements or Facility. 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, the Facility and any other 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, Improvements or Facility, from any cause arising at
any time. This Section 8 shall not apply to loss, injury, death, claims or damage arising by
reason of the gross negligent or reckless act or omission of Owner, or Owner's agents,
employees, invitees or anyone else acting by, through or under Owner.
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Section 9. 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
a 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.
"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 8 shall survive the
Term or earlier termination of this Lease or the exercise by Owner of any of its remedies
hereunder.
Section 10. 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.
5
(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 11. 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.
Section 12. 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 13. 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 14. QuidEnjoyment.
(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. Owner shall warrant and defend title to the Property against all persons
claiming through or under Owner, but not otherwise, and 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 the power and authority to
execute and deliver this Lease and to carry out and perform all covenants to be performed by it
hereunder.
6
Section 15. 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.
(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 exercise the
following remedies:
(1) Subject to compliance with Section 15(b)(6), 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, such as
entry of the Property by Owner to perform maintenance and repairs and efforts to relet the
Property, 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 (iiii) 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) -- (iii) (the sum of
items (i) — (iv) is referred to herein as the "Default Rent").
(2) Subject to compliance with Section 15(b)(6), below, without demand or
notice, enter upon and repossess the Property or any part thereof, and repossess the same as of
Owner's former estate and expel DCP and those claiming through or under DCP, and remove the
effects of any and all such persons, by force, summary proceedings, ejectment or otherwise,
without being deemed guilty of any manner of trespass or forcible entry and without prejudice to
Owner's rights to recover Default Rent and damages. Owner shall be under no liability for or by
reason of any such entry, repossession or removal. If Owner elects to reenter as provided herein,
or if Owner takes possession pursuant to legal proceedings or pursuant to any notice provided for
by law, Owner may, from time to time, without terminating this Lease, relet the Property or any
part thereof. No such reentry, repossession or reletting of the Property by Owner shall be
construed as an election on Owner's part to terminate this lease unless a written notice of
termination is given to DCP by Owner. No such reentry, repossession or reletting of the
Property shall relieve DCP of its liability and obligation under this Lease, all of which shall
survive such reentry, repossession or reletting, provided that Owner's obligation at law, if any, to
mitigate its losses shall remain. Upon the occurrence of such reentry or repossession, Owner
shall be entitled to the amount of the yearly Default Rent, and all other sums, which would be
payable hereunder if such reentry or repossession had not occurred, less the net proceeds, if any,
of any reletting of the Property after deducting all of Owner's expenses in connection with such
reletting. DCP shall pay such amounts to Owner on the days on which the Rent would have been
payable hereunder if possession had not been retaken,
(3) At any time or from time to time after the repossession of the Property by
Owner following an Event of Default by DCP, regardless of whether the Term of this Lease has
terminated, Owner shall have the right to relet the Property or any part thereof for the account of
DCP, in the name of DCP or Owner, without notice to DCP, for such term or terms (which may
be greater or less than the period which would otherwise have constituted the balance of the
Term of this Lease) and on such conditions (which may include concessions or free rent) and for
such uses as Owner, in its uncontrolled discretion, may determine, with the right to make
alterations and repairs to the Property, and may collect and receive the rents therefor. In no
event shall DCP be entitled to receive the excess, if any, of net rent collected by Owner as a
result of such reletting over the sums payable by DCP to Owner hereunder.
(4) Subject to compliance with Section 15(b)(6), below, in the event of any
termination of this Lease by its terms or by operation of law or any repossession of the Property
pursuant to the terms of this Lease, DCP, so far as permitted by law, waives (i) any notice of
reentry or of the institution of legal proceedings to that end, (ii) any right of redemption, re-entry
or repossession, and (iii) the benefits of any laws now or hereafter in force exempting property
from execution for rent or for debt.
(5) 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
(6) Notwithstanding anything to the foregoing in this Section 15(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.
8
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. 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 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 15(b), and Owner shall be entitled in the pursuit of such remedies to
recover the costs of mediation incurred by Owner hereunder.
Section 16. 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 17. Force Majcu c. In the event that Owner or DCP shall be delayed in,
hindered in, or prevented from the performance of, any act required hereunder, except for the
payment of money, 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 18. 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:
NCWYO ASSETS LLC
LAND DEPARTMENT
1625 Broadway, Suite 2200
Denver, CO 80202
DCP Operating Company, LP
Attn: General Counsel
370 17th Street, Suite 2500
Denver, CO 80202
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.
9
Section 19. Celli ficat s. 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
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 20. 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 21. 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 22. 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 23. 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.
10
Section 24. 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 25. Volontary Termination Right. Notwithstanding anything to the contrary in
this Lease, DCP shall have the right at any time to terminate this Lease upon not less than six (6)
months prior written notice and payment of one (1) additional year's rent to Owner (provided,
for clarification, if, after 6 months' notice, the Lease would terminate during an annual period,
the rental payment for such annual period would not be prorated or refunded). Upon the date of
termination specified in such written notice from DCP, this Lease shall terminate and the parties
shall have no further rights or obligations hereunder, except for DCP's removal and reclamation
obligations, DCP's obligations under Section 8 and any other rights or obligations as expressly
survive expiration or termination hereof
Section 26. Attorney's Fees. In the event any legal action is commenced to enforce
the terms of this Surface Lease, the prevailing party in such action shall be entitled to recover its
attorney's fees and costs from the non -prevailing party.
[signatures appear on succeeding pages]
11
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands as of the day
and year first -above written.
OWNER: NCWYO ASSETS LLC,
a Colorado limited liability company
By: `G• r cr
M
Name:
Its:
ACKNOWLEDGMENT
STATE OF COLORADO )
) ss,
COUNTY OF DENVER )
The
foregoing instrument was acknowled Jed before me this 98` day of
, 2017, by ta.Ab�),144aLt for
CWYS ASSETS LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: - 5 - 0,90
KRISTINA M WEYERMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID
I MY COMMISSION EXPIRES MARCH 5, 2020
(SEAL)
[signatures continued on succeeding pages]
12
DCP: DCP Operating Company, LP,
a Delaware limited partnership
By:
Name:
Its:
e 4wrs .C7- F4,,rr+ er.e44
P114
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was acknowledged before
2017, by (—'u. [ ___D_d -i. 5c ---k as
DCP Operating Company, LP, a DI-elawarelimited partnership.
Witness my hand and official seal.
My commission expires:
me this ( f — day of ` ert-b7-1
1 rr`r� rote q -F c.'t- of
LORRI CARLSON
NOTARY PUBLIC
(SEAL.) STATE OF COLORADO
OTARY ID 20054008501
MY O MMISSION EXPIRES MARCH 02, 2021
13
105-uj_ C�1�e-vt
Notary Public
1 INF TAD F
Li -N 89'10'56" W 1486.57'
L2=N 89'10'56" W 66.01'
L3=N 00'00'08" W 271.57'
L4=S 89'59'52- W 103.95'
L5=N 00'00'08" W 821.00'
L6=N 89'59'52" E 832.00'
L7=S 00'00'08' E 821.00'
L8=5 89'59'52- W 662.05'
L9=S 00'00'08' E 272.51'
L 10=N 89'59'52" E 61000'
Li 1=S 00'00'08" E 660.00'
L12=S 89'59'52" W 315.00'
L13=N 00'00'08" W 196.00'
L14=S 89'59'52" W 295.00'
L15=N 00'00'08" W 464.00'
d 377201'
-Qc— —
1/4 CORNER
SEC 3/SEC 2
3.25" ALUM. CAP
PLS 22098
NCWYO ASSETS, LLC
NCl/ -f SCCPON
TOW R65W 6TH YtL4
L6
LEASED PROPERTY
76.09 ACRES+
L4
L2
P.0.8.
L8
S 89-10'56" E 5324.59'
(BASIS OF BEARINGS)
T.) Locations of sullies (including pipelines) were determined from risible surface evidence.
Inez Itca7,na .1 4bom% ma/ Ms be Uccurale GI cemp+ele Otne, otili hies 7'w[ shown npy
e seer cc .01101.20 Of 10 be ic'enl:!see any rriatYM by blherf pad, In [. C3vnt,nn.
H071C1' Aeeerdhq 16 ColW,Yo k1. rvu nhv=i commence onr 10u0 ocipn eaexcl Upon cny
eeleef ie 1n.5 .'.away !hire yrer; offer .eta first disco,ce such defrtt. In n0 event to f
aryy agbei based upon nay need n Lm: survey be 4Ommeneed mere !hart In yl;ars from
Ina dale a7' (ha {H1if-a,Lon shown hereto.
3.) This Exhibit was prepared by Pouf A Valdez. PLS 37068. for and on behalf of Centerline
Surveying, LLC 7200 McMurry Ranch Rd, ReRMue, CO 80512.
P/-
TEMPORARY
WORK AREA
L1D
3 3&
2+1
3.25" ALUM_ CAP
PLS 4392
(SURVEY TIE TO P.0.S.
7EUP0RARY WORK AREA
5 27'44'17. W 1R8858')
-- 26'
L
.0 TEMPORARY WORK AREA
7.915 ACRES±
L14
L72
L7
1
I �
LOT A RE -694 — _
1/4 CORNER
SEC 2/SEC 1
3 25" ALUM. CAP
PLS 38149
v
ai
0
4 -I -RI r r s !KBE
\.G1Y a GIItIIUYG SURVEYINGLLC
cF1
SCALE: 1 "=300'
DATE: 07/13/17
N
I
0' 300'
DRAWN BY,- PAV
DATE REVISED:
NORT1fSTAR COMPRESSOR
NE /4 SEC 2 TON R65W 6TH PM
wCR 74
SITE
.2
I
8CR 72
SECT/ON MAP
1'=1/2 MILE
LEGEND
ROAD
GAS WELL
JOB NO_, 17033
AFE: 500215684
WELD COUNTY I SHEET 1 'JF 7
LINE TASK
L1=N 89.10'56" W 30,01' (TIE TO P.0.B.)
L2=N 89'10'56' W 1456.57'
1.3=N 00'00'08" W 46.17'
L4=S 66'38'24" E 42.17'
L5=S 89'10'56" E 1375 57'
16=N 67'30'25' E 45.51'
L7=S 00'16'31" E 48.02'
-
1/4 CORNER
SEC 3/SEC 2
3.25" ALUM. CAP
PLS 22098
IES
NCWYO ASSETS, LLC
NL2/4 SLCTIOV
T6N i?65 W 6TFI I M
LEASED PROPERTY
li
1
irL4
L3
` L 1
r
L
35139
21111 3.25" ALUM. CAP
PLS 4392
60' WOW 47 _ I
ROW
7
TEMPORARY WORK AREA
L
ACCESS EASEMENT
1 02 ACRES±
r L5
r 30'
J
L8 -
S ‘570.56" E 5324.59 -
(BASIS OF BEARINGS)
1.J Locations or rill/hies (inciunng pipelines) were determined from Nsibe sorfoce evidence_
Thcse Aralioay, if shown. may nat be occur':, a compere thee, ulii:iea 004 ;sewn may
vast lea ,Ibrks ure In Co ;drnr;r; and mprrea oy caber; Wra' lo- eacnrvt4rr
2.1 NOTICE Arcoe wg ro Coluooa tae you mu:l eemmeeoe eny r40r 0er1 wean en/
aelcci in Ihi; 1Jrt'py .+Ihin (1ree years oiler yea loel discover Such detect. M no even.' entry
o- y eaaoe based 1pory any d'fecl in 111,4 szramr ha cO amerce i mhh I1vf :ee 1rcrt from
the dote of Ne certificotion shorn hereon.
3.) This Exhibit was prepared by Paul A Valdez, PLS 37068, for and on behalf of Centerline
5urveyiay, LEE 7200 McMurry Rondo Rdi 6eWeue, CO 80512,
12�
LOT A RE -694
N 00'15'31" W 2609.34'
L7
111/4 CORNER
p.0.8.i' SEC 2/SEC 1
3.25' ALUM. CAP
L 1 - i j PLS 38149
l
� r
I 'r
I.E. lilTrf11 i,i.
\.C1Y ii CI%LIIYC;I;it.icYir.-LLC
dcp
NT
WCR 74
WCR 72
5ECTrON MAP
1'-1/2 MILE
SITE
LEGEND
ROAD
CAS WELL
i f ql-)-;-'' _,:';'.
r...9 ..., P. ..-:: 4.. i: e Pc ,,
"O{1lR1=(yfS;}1
O i'�, �
0' 300' C1a 7—t3—IR :• ,,
�f0'V,4L 1l
DRAWN BY' PAV
N0RTNSTAR COMPRESSOR
NE [1.3 SEC 2 T6N R65W 6TH PM WELD COUNTY SHEET 1 OF I
EXHIBIT
f
JOB NO.: 17033
11
436e281 Pages: 1 of 5
12/14/2017 03:25 PM R Fus:$33.130
Carly Kapp.*, Clark and Ruoar:ler, Wald County, CO
RH INPAM 1.:htlAk Li NM
l
FIRST AMENDMENT TO MEMORANDUM OF LEASE
THIS FIRST AMENDMENT TO MEMORANDUM OF LEASE is made by and between
NCWYO ASSETS LLC, a Colorado limited liability company, whose address is 1625
Broadway, Ste. 2200, Denver, CO 80202 ("Owner") and DCP OPERATING COMPANY, LP, a
Delaware limited partnership, whose address is 370 17th St., Ste. 2500, Denver, CO 80202
("DCP"). Collectively, Owner and DCP shall be referred to as the "Parties."
WHEREAS, the Parties executed that certain Memorandum of Lease recorded on
October 3, 2017 at Reception Number 4341157 in the real property records of the Weld County
Clerk and Recorder (the "Memorandum");
WHEREAS, the Parties have amended Exhibit A attached to the Memorandum.
NOW THEREFORE, the Parties declare and state as follows:
1. Recitals. The foregoing Recitals are incorporated as if fully set forth herein.
2. Amendment. Exhibit A, attached hereto, is hereby substituted for the Exhibit A
attached to the Memorandum.
3. Counterparts. This First Amendment to Memorandum of Lease may be executed
in counterparts, each of which shall be deemed an original signature and which collectively shall
form one document.
Signatures on following pages.
P
m@281 Pages; 2 of 3
12/14/2017 03:25 PM R Fee:$33.00
$33.00
Carly Kopp's. Clerk and 17oonrder, Weld County, CO
fill NFar kilii i i'i i' 'kktNI1At51tilt'Iii ill III
OWNER:
NCWYO ASSETS LLC,
a Colorado limited liability company
By:
Name:
Title
1/
11
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF HARRIS
Th fore oing `nstrument was acknowledged b re m '1 e this day of December, 2017
by as k.+�1 - for NCWYO ASSETS, LLC, a
Colorado limited liabi ' ompany.
Witness my hand and official seal.
My commission expires:
2
4360281 Pants: 3 of 5
12/14/2017 03:25 PM R Fee '433.00
C r1Y P Ipoa, Clark ind Rea�rdor, N$ld County, C4
11411111
DCP:
DCP OPERATING COMPANY, LP
a Delaware limited partnership
By:
Name: Lewis D. Hagenlock
Title: Attorney -in -Fact
STATE OF COLORADO
COUNTY OF WELD
}
} as.
i
The foregoing instrument was acknowledged before me this 1day of December, 2017
by Lewis D. Hagenlock as Attorney -in -Fact for DCP Operating Company, LP, a Delaware
limited partnership.
ACKNOWLEDGEMENT
Witness my hand and official seal.
My commission expires: r �(
Notary Public
LORRI CARLSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054008501
MY °E}MMISSION EXPIRES MARCH 02, 2021
3
1/4 CORNER
SEC 3/SEC 2
3.25' ALUM. CAP
PLS 22098
4360281 Pasts: 4 of 5
12/14/2017 63,25 Pit R F.e;$8.1a0
Carly K0PP4s, Cirr]t and Recarder, W41d Octsrity, CO
1114 Ws1 4't 11111
I NIL T11N F
L1-5 89'59'52" w 83200'
t2=N =ova- w 621-10'
L3 4d 89'59'52- E 539_00'
L4+N 00'00'06" W 741.00'
L`.1 --N 89'59'52 E HEAD'
LID —S 00'00'06' E 141.00'
L7=N 8959'52' E I8f O0'
LBe5 00'00'06' E 821.00'
19=N 89'59'52" E 610.00'
L10=S 000008" L 650.00 -
IA 1- S 69'59'52 W 315,00'
L12=N 00'00 08' W 196.00'
LUS-S B9'5952- W 295.00'
L14404 00x0006" W 454.00'
NCWYO ASSETS, LW
NET /4 SECTION 2
TEN R65W 6TH PM
LEASED PROPERTY
16.02 ACRES₹
ACCESS EASEMENT
SEE EXH1871 "9
li
L7 L9
CO
L1
P.0.0. -
P.O.B
111 TEMPORARY
WORK AREA
,y 1Th P0RARY WORK AREA
▪ 7.15 ACRES±
I"- 26'
I L13
L
1
rZi
~
Li]
S 89'10'56' E 5324.59'
(aAS16 OF SEARp1t5J
LOT A RE —[584
ARM
1,) Lambs'. d Wins am pipevim drrn:.r1 hem tails i111x stMesea
15111 Issafass,1 shams, .19' .w r sen ses or carries . oar . l51 Sat Tian gray
MIS. N .rllnr w 1s be ismaisl es, mils! b Alm KW11 a.maglim
1) Ft7c1 Jamming d atirmde Wti yew Mutt aatirsr1 SaY 1151 snits mum 5111 eq
derd M 1,11 arms sags node y++h die its Nil 1nm.` I. d_1crt. Ism Same mIS
M a6cc Sara ma ate 6110 in Van' mt." to usermad 11117 OM hn *1 from
111 diW 1f 1h1 galltr* 1 mesa. Megirl
J.1 155 Walt 7.prorrrerd b Pod A *him. RS 37084 for and on Wart M Cortldmr
Srws ro. 110 7706 aelWey Fantle 114 911h11 CO 41612
325' ALL9L CAP
PL5 4392
{UMW TIE 70 P_0S.
1E1W051NT 110100 w7EA
S 2T44'71' R 166156
1/4 CORNER
SEC 2/5w T
3_25' ALUM. CAP
KS 38149
(SURVEY TIE TO P.0.9.
74 70'23'74' w 875.151
L 'AMIN= A. I'4111 IIL S URYEYNG LLC
SCALE: 1=300'
DATE 07/13/17
Lip
act 74
2
� —
C
KM 72
0' 34
SFYTiON MAP
Yr1/2 MILE
LE Mt
CAS NfLL
.106 NO.: 17033
DRAWN BY: PAV
GATE REVISED: 77/27/17
NE: 500215684
EXHIBIT "A"
NONYNSTN1 COuNecSS[W
Nti/4 SEA 2 TAN Wu 571E PU
mu) 001MNY [.LT I OF I
mOos
MMW
1INr rW+l F
L75=2 68'2345" E 611.05'
L76 -N 89'4329' E 33907'
L77==N 46'3501' E 38.46'
[15-5 01T16r32" E 99.88"
Lt9=N 47'09.03' W 36.46'
120-S 8443'29' W 339.83'
121.44 8823'45' IV 810.48'
L22=N 00'00'06" K 50A2'
•
LLC
PtcT7at,; 2
Tiri ROW 6TH PAI
LEASED PROPERTY
ACAS EASSIENF
1.14 ACRES.
r
L75
L27
4350281 Pages: 5 of 5
12/14/20:7 03:25 P11 R Fee:$33.00
Carly Koppea, Clerk and Raoorder, Wald County, CO
■VIII rd :I> mI BI f INS ills Rill it III
1504
271
3.25- AUA1. CAP
PLS 4392
L20
TEMPORARY WORK AREA
L
l
1
L
L17
1
-J
L19
1/4 CORNER
SEC 3/SEC 2
3.25' ALUM. CAP
ALS 22008
S 8710 58' E 5324.59'
OM OF BEARING%
1,7 1^cd1Mw d aAil.a f ie olrarert0 ..+• dxwr,cj rya.. ,rsl....xo,. I.r.x..
r .1. . 'Toy •w4 I- 440.0 a c,mrel.. C l rr u07NIO aa4 2M.n r rry
de, At ,train — r r "sAbre w Wold b WW1 prcar 10 e2rwroful
tGlrirt Aas 4f.q ra _' In. 7aw mar saonacr n r *q.! a Iee 8...a .or arty
ar+ i k eras >,r.q .r[1' lam mom ear for fell AMMO w a MEW. n m . cm ngr
4.rr .caw, load yo. R i1.c1 : 2ti'.mow b cr:.O.e.e mom ns eM. 1r -s from
re dem d Ii. arirsrr. Mew. nevus
>j AI. DON rot rprommif b Rut A 1:NOt 115 370a4 {2r ado MBra .1 LLll.titr
Swrr4 uC 7121 itrie.rte a.ra tit 6.1h.. i0 MOM
LOT A RE -694-1
I
III
I I
Li8
60' NCR 47
ROA
ai
1/4 CORNER
I SEC 2/SEC 1
1 325" AIIIY. CAP
IPES 39149
(SURVEY 7E 70 P.0.9.
N 38'52'39' w 7673.04)
CrY�YT>`a9a NI
G r'I ■ 1t"er II .I t SURVEYING LL[
II0RINSTNI C N49ML V
kEr
.11
NCR 74
2
irn 72
SEC710N LEAP
7X1/2 NILE
0' 300'
I s£C, 2 1611 ROW 6IN P11
JEGEtil
* GAS WELL
wa.6 COUNTY I SWEET
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