HomeMy WebLinkAbout20181492CERTIFICATE 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 3O, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
See attached Exhibit A
CONVEYANCES (If none appear, so state):
Reception No 1539112
Book
I Reception No. 1623008
LBook 701
Reception No. 2234747
Book 1283
Reception No. 2454645
Reception No. 3223011
Book 1466
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. H0523511
HerHeritage Title ompany, Inc.
By:
A►>fl₹iorized Signatory
Exhibit A
A portion of the northeast one -quarter (NE1/4) of Section 12, Township 3 North, Range 65 West
of the Sixth Principal Meridian, County of Weld, State of Colorado, described as follows:
BEGINNING at a point, an 18 inch long 1/2 inch rebar and yellow plastic stamped PLS 37068,
from which the north one -quarter corner of said Section 12, a 3-1/4 inch aluminum cap stamped
PLS 22098, bears N 04°09'02" W a distance of 558.86 feet;
Thence the following four (4) courses (all monumented with an 18 inch long 1/2 inch rebar and
yellow plastic stamped PLS 37086);
Thence N 89°59'52" E a distance of 836.20 feet;
Thence S 00°00'08" E a distance of 836.26 feet;
Thence S 89°59'52" W a distance of 836.20 feet;
Thence N 00°00'08" W a distance of 836.26 feet to the POINT OF BEGINNING .
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 AND 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,]
CT.
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certify that the within lnntrun:ant wad lnea and recorded
When rgra pled, moll to:
Les1fS T. Jones, Jr.
363 North First Avenue
Phoenix, Arizona 85003
and Indexed In ]7FEDS
wl tnerac roy band and official ceaL
County Recprder.
Deputy Recorder
Fee N0.
Compared
Fbotostated
Fee:
lNOrxer
Quit Cairn pnb
Far the consideration of Ten Dollars, and other valunbie conelderatlone, Ilppum
J. J. STROH
hereby qult.dalrn to
J. J. STROH, Trustee under Stroh Revocable Trust dated October 13,
1969.
all right, title, or interest in the following real property situated In Weld County,
scab= Colorado:
The N 1/2 of the NW 1/4 and the N 1/2 of the NE 1/4 of Section
12, Township 3 North, of Range 65 West of the 6th P.M., Weld
County, Colorado, excepting therefrom right of way for rend as
conveyed by Deed recorded in Book 1046, page 40, Weld County
Records
and
The S 1/2 of the NE 1/4 and the S 1/2 of the NW 1/4 of Section
12, Township 3 North, of Range 65 West of the 6th P.M., Weld
County, Colorado.
Dated sire 2sthday of October yn 69
STATE OF ARIZONA
aunt/ of Maricopa
STATE OF
County of
ninon
& TRUST
rtle
co,
This instrument was acknowledged before me
this Zeteh_ doy of Octtzker 19-a, by
J. J .Stroh A,,•��r0-..7 `•.
g ,--..4 %4,4%
My Ceninissec3Nt.qp Oat., { t9 2•
This instrument was acknowledged 'bhlh'lL:ne,,, '
t} In trey of _ _ ;9 by
My Cottunlssion will expire
Notary Public
OCT 121973
PONNc Re:014 a et.....,...... . _...,._ k__
1y1623008
{0� A�On Ho_.....w. �V2 O08...................,....«..,.�.w.....µ....Allrl !Pao; �latad�ri.
whose address it
,7. J. STR0H
Ness,
County of
Maricopa
and State of
Arizona r for the eandderatien of other valuable
consideration' and Ten noizars, in band paid,
hereby aell(s) and gnft olalm(e) to EUNICE C. ANDERSON
and RAYMOND 11, STROH
whose 'Adrenals 2412 8th Avenue, Greeley
County of Weld , and state of
property, in the County of Weld
Colorado, the following real
, and state of Colorado, to wit:
The North Half (Nil) of Section 12, Township
3 North, Range 65 West of the 6th P.M.
with all its appurtenances
Signed thin 11th day of October , 19 73.-
- 4�
A. J
STATE OF COLORADO,
County of
}ft
Stroh
The foregoing'hnstrument was aaldnowledged before me this J
,19 73 .by 3. J. STROM.
'rrr,al '• _ %.0+
' Lig hespera.--Ir brT natural TWAryi or parrnr bd•f4 tart crhr cr rllmr t I[ br p ram %Ve r. romatFi_fw or
Idr51 4Y fYe toar vWi"C aoo+9errlleS�IMp hWtt`n "melt
01 i W1,7 en rl4 ett a opr emtl r ears rrg ;071 q.
bowl, rnko It. :.ue$ orrYx,Y oe ages..a w. prdd.at w atl+ar atrlaww
G• s•�i.� /, /927
'btfietal Deal
o it CLAIM oz —.x,at rater-ll.j. I1Ft-11 M amsYt IN
Truth" hiibiraf 0141 Most Monk pries, aelurree
Future Tax Notices to Eunice C. Anderson
2412 8th Avenue, Greeley, Colorado 80631
.ti
Briars Pobbr.
AR223'747 B 1283 REC 02234747 12/03/90 16:09 10.00 1/O02
F 216 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
•
•
QUIT CLAIM DEED CREATING TRUST
KNOW ALL MEN BY THESE PRESENTS:
That I, EUNICE CHARLENE ANDERSON, the undersigned Releasor,
who is the TRUSTOR under that certain DECLARATION OF EUNICE
ANDERSON TRUST, NO. 524-12-6910 (hereinafter "TRUST"), a revocable
liv_wz�g trust, dated NOVEMBER 5, 1990, a copy of such Notice of
Trust is attached hereto end made a part hereof by this reference,
do by these presents, hereby release, remise and forever Quit Claim
IN TRUST unto myself as TRUSTEE under said TRUST, all of my rights,
title and interest in and to unto that certain property situated in
Weld County, State of Colorado, and described as:
50% INTEREST IN 399 ACRES IN WELD COUNTY, CO DESCRIBED
AS: N 1/2 SEC. I2 -3-65W
The Releasor asserts title to the aforesaid property pursuant
to an Instrument of Conveyance dated , and recorded in the
official Land Records of Weld County, state of Colorado, in Docket
1077 at page 567-568, Book 701 - 1973.
To HAVE AND TO HOLD the said interest in the above described
property unto and to the use and benefit of the said TRUSTEE and
her successors in interest forever; and that neither I nor my heirs
or assigns shall have nor make any claims or demands upon said
Property interest.
IN WITHNESS WHEREOF, I have signed these presents this/P0//V,0
EUNICE CHARLENE ANDERSON
Page 1 of 2
AR241464S
QUITCLAIM DEED
THIS DEED, is made this day of oCT . ?, 199± between RAYMOND H,
STROH, Grantor, whose address is 2514 STOREY AVE, MIDLAND TX 79701 and RAYMOND HEROLD
STROH, as TRUSTEE of THE STROH FAMILY TRUST, Grantee, whose address is the same.
Witnesseth, that the Grantor, for consideration of One Dollar ($1.00), release and forever Quitclaim
to the Grantee, as Trustee under the terms of THE STROH FAMILY TRUST, and to the Successor Trustees
thereof, all right, title and interest which the Grantor may have in or to the property located in 'WELD County,
Colorado, and described as follows:
THE NORTH HALF (NIA) OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE
6TH P.M.
Situates! in: WELD COUNTY, COLORADO.
Previously recorded: OCTOBER 12, 1973 INSTRUMENT NO. 1623009.
Together with all improvements thereupon and the rights, alleys, ways, waters, easements, privileges,
appurtenances and advantages belonging or appertaining thereto,
This Quitclaim Deett is executed pursuant to the terpts of an inturvivos trust agreement entitled THE
STROH FAMILY TRUST dated Cj c = , 199 , under which Trust the Grantor of this Deed is
also the Settler, the initial Trustee and the lifetime Beneficiary. (C.R.S. 38-30-108)
In witness whereof, the Grantor has hereunto set her hand and seal on the date set forth above,
OND H. STROH, Grantor
2414645 B-1466 P-857 11/09/94 01:25P PG 1 OF 1 SIEC DOC
Mary Ann Feueratein Weld Co., Clerk & Recorder 5.00
STATE OF th
COUNTY OF PO V0 P1\1f.
The foregoing Deed from an Individua€ to himself s Trustee was sword to and acknowledged before
me this _. day of 0-C--5363€4?--, 199 , by RAYMOND H. S,rROH_
Witness my hand and official seal.
My commission expires; OS'9
Notary Public
Please return to:
RAYMOND H. STROH
2514 STOREY AVE
MIDLAND TX 79701
diUClt FOCEI1
— WAwr 1�p1
NVtW Iii Who 6034?
pmparab by! N.Lwl Feuil[y 7,w4, F.O. Bo 578964, Moiwla CA MI
DOCIIR-IFNT PREPARATION (NLY.N0 TTTLE IXAMWA'TION.LEOAL DESCRIPTION FURNISHED BY CLlk'4l.
1111111 III II till 11I1II 11111 IIII ilillil 111 dill lilt lilt
3223011 00/2611004 03;61P Weld County, CO
1 of 1 R 6.00 C 0,00 Stave Moreno Clerk & Recorder
VVafra j eed
Page
Recorder
TIIfS DEED is u ctrrlrayanca r ilr i real property diaserlbed below, Including any lrrnproyomonla and other appurtenances {the
-vroperly"J liderra lirelrl,l:vrdrrall5),ciiii,orallon(a),parlaorehlp(gl,oralllerenlity(lee)I;lrledbelowesGRANTO 1 La IlialndlvldlaI(9)
or unhlly{Iss) named holnw ns CIIANIEE.
TFia GflAN1 CNi hnrutiy sells and cnavays If le prurre,Ly fu the GRANTEE yr ri Ilea (VAN TOP war -arils Iho ill o Iv the properly,
oroupl Is)! I1) llid find of I. denim di pro. Illy tares for I(IC yu.a ul Ibis [leer!. Wlripl, Ile-, GRANTEE WiIJ ppy CPI any ei7Cmur.ls curl
rlphIe•al-way 311own pl raga rd (;1) ihy I}aLer i rviOlaZ,! 0,79 and 9xCoi,Llan9 (0.l (Ply. trainload'.ng minor& Inlnrna,.9 shown Di r0Curd (Si
any p, pia clIve Ctronoonls gird runic:N.0nd irhown O{ re,,Ord. Arid Ili} rd,y bLEda1oval nadlara almwn Wow prrrinr "Adrllllnasl Wmraniy
(rscuplinne".
The Specific Terms of This Deed Are:
Grartlon (O10e nemala) men yiecole( of residence, it !Ire spouse of the owner•granlor Is joining 1n Was Deed la release homesleed rIghie, Idautlly
cranlore as hu,lrerrd and wile )
EUNICE ANDERSON TRUST NO. 524-12-6910
AGREEMENT DATED NOVEMBER 5, 1990
Grantee: (Give namelsl sod eddresa (ssh alatemanl of address, Including avallahle road or eireel number, IS required I
OGG & S, LI,C
Farm o1 Co -Ownership: p! (here are Iwo or mare gronloea named, they will he considered to lake at tenants in common unless the wards twin '
mini lenency" Cr words of the tams meaning are Added In the none. below )
Property De serlpllon: include caanly and aisle)
An undivided one—half (1/2) interest in and to the North Half
(Ni) of Section Twelve (12), Township Three (3) North, Range
Sixty—five (65) Nast of the 6th P.M., Weld County, Colorado.
Property Addreea;
Consideration: iThe alaiemenl ale dollar amount to vnponal; edge tint.] consldnm nee rri lilt dead...MI tie preavmr.d unieee this conrayencrr in
,rorr„red .r:. a yin, et Oily case unto conveyance Is absolute. final and uncondllional.l
Reaeraalle lae•il eaIric Dana; Cnlhar]IlAN Tort hllondslo remove any lnlereal in the properly or lo carrreylear then he awns, or II !ha GRANTOR
la reslricui•g biro DFANTEE'6 rlgh! in the p,uperly, make appropriate lnrrlcallon,l
Aardl(Ional Warranty Elloeptlons: ,Sln:hrde deeds or ,reel being assumed end oilier mellows not covered abovo.l
Executed by the Granter on tee .reBi7�C •�3, 2no4
algnnlura elating for Ocrperellen, Pertner.Mp or Aseeclerlont signature Clause for IndIeIdual(i)s
Nettle et GrerlIc,: Oorparalien, Peetrrerahlp or Assaclallon
By
By ___.
Alfas
OKLAHOMA
STATE OF tiOm s a
COUNTY OF
The larepaing lnsirumenl was aeaaowledg ed Wore in. thin
ay. Jerry L. Anderson as
WITNESS my hand and article! neat
M f comnrlrelan exphec
no
STATE OF Nr.kr MEk
COUNTY OF �•
The lruapm rig nr7 proton+,l fAcvnvwlotrg.d beiq„ me Pile
6y' Thomas L. Aflest-son as Trustee of the Eurlioe Anderson Trust No, 524-12-691O.
(' name lndivlduel Grenter(s)aril Ci;d�re .drN` &Lto 4mi i n r I)mn.lhen Identify signers an prealdenl Orylee president andeecreleryar
mania ill secretary of cnrrr,rapu n; err,• p l A AI,c. radmgmber t el aeenlellen,(
a r r
WI rHESti my hand end 'ctheistsoil, `: NOT? >e' - • .90 * '�• L-
vy co-,nmleslon eaplrrt: �reraln,vv � e[{r/0 r f Hale
f7t ,
day or
S.R., 'r Bey" Py , 2•e v y
F on Tr st -12-6910.
ROBERTL, AiJ&TN y/ f
Col6ems Ceun
Nnrir, Irsih(',Gln■
till _r0ltfihome•
y aamml,la tan 'Wm lino, I, IdQ4
Notary Puhllc
/3 ray of
e00
44444
.
{'^o IWOT UPDATE LE DAL 'FORMS
F_,P 0 ear 59)5 • Greeley, Colorado D9hB
as
(10. 20)
4313758 Pecos: 3 of 1'5
00/27/2017 02;40 PM R Fss:$a3.00
Orly Koppel, Clark and Aeeardar, Wuld CauntY, CO
X111 POW Ca M1M6r61 11111
SURFACE LEASE
This SURFACE LEASE dated as of 2017 (the "Lease"), is by and between
OGG & 5, LLC, a Colorado limited liability co any, whose address is 1004 Richmond Road,
Edmund, OK 73034 and The Stroh Family Trust, whose address is 10815 W. Roundelay Circle,
Sun City, AZ 85351 (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 N1/2 of Section 12, Township 3 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, the
Property on the terms and conditions set forth herein.
C, Owner agrees to grant DCP a temporary work area outside the designated 15
acres for laydown and staging for the construction of the compressor station. 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 Tenn"). 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 Six Thousand Dollars ($6,000.00) per year during the Primary Term and Seven
Thousand Five Hundred Dollars ($7,500.00) per year during the first Secondary Term; and Nine
Thousand Dollars ($9,000.00) during the second Secondary Term. Base Rent shall be due and
payable on the first day of each calendar year during the Term, without offset, deduction or
1
r 4 -
43313738 pages: 2 of 13
0H/2712017 02:40 PM R F..:$83.00
Carly Koppel, Clerk end Recorder, Weld County, CO
Ill I cilligNoliiillGti't "t'I tli'NAh" fi! w'vivid 1411III
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.
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 (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
DCA 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 on
the Property buildings, structures, roads and other improvements ("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 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 DC?, in its sole discretion, that such fencing and/or
2
4313758 Palo's; 3 of 15
06/27/2017 02:40 PM R F..:$83.00
Carly KOPPi.. Clark and Raoordar, Wald County, CO
�II1 kirdtitil,111414MAMO,COIVIkriCillk I III
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. 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 Improvements. 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 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 and foundations 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) 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
3
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CarlyiK000ms.$Cle0 Pfd kaoordi , i.11d County. G4
IIdI dP'41% �IICI
instruments as Owner shall reasonably request to transfer the Improvements to Owner and to
confirm Owner's ownership thereof.
Section 7. 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 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 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 8 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 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.
4
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Carly Kormes, Clerk and !Weirder, Weld County, CO
III
"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.
(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.
5
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Orly Kopp**, Clerk and Ftiooroor, Weld County CO
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. 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 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,
6
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Carly KoppOa, Clerk and Ruaordar, Weld County, CO
Ell IOr.0 rl 'i ui,l4'a � 1'II FYI 11 I!I
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 14(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 14(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 DC? 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
7
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Carly Kopp.a, Clerk and Recorder, Kstd County, CO
111114PA4 U Mllti k+iell' fI I1MErl AU h Mill
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 14(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 14(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. 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 14(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.
8
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Cu. -1Y Koppel', Clerk and Romordtr, Weld Caunty, CO
■III Wittkilleti KelliiIiALVIL411Sh: 4 IK BPI
Section 17. 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 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:
OGG & S, LLC
1004 Richmond Road
Edmund, OK 73034 and
The Stroh Family Trust
10815 W. Roundelay Circle
Sun City, AZ 85351
As to DCP: 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.
Section 19, 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
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_Irrvalidity_. 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
9
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Orly KAPPSI, Clark and Rroardar, Wald County, CO
11111 � 11 I�r�� Cl�'fi�'irl 'M��IK�ti�i�1�P WaIIk "Ill
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.
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. Voluntary 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) year's rent to Owner. 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 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]
10
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Carly KOPP'S. ClorIt and ftaoorder, Wild County, CO
VIIIMi1R'rinkwiI Wag ,F!aiII III
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands as of the day
and year first -above written.
OWNER: OGG & S, LLC,
a Colorado limited liability company
By:
STATE OF )
PLO
COUNTY O
) ss.
erry L.
ersoin — Managing Partner
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me this Y da of
2017, by Jerry L. Anderson as Managing Partner for OGG & 5, LLC, a
Colorado lim d liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
[signatures continued on succeeding pages]
11
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Carly Kopper, Clerk and Rraorder, Wald County, CO
IMMO IM111141intilligA. 1 Pi Dili II ill
OWNER: The Stroh Family Trust
By:
J , D.R troh — Successor Trustee
ACKNOWLEDGMENT
STATE OF AY )
) ss.
COUNTY OF Mor ti Czech )
The foregoing instrument was acknowledged before me this 0 e day of
2017, by Jay D. Stroh as Successor Trustee for The Stroh Family Trust.
Witness my hand and official seal.
My commission expires: O : 08-
r1.<O klVYrf�lco,
•
w ' f•
r
•
•
4,1
(SEAL) `t�,sv RS
Mir Yx•
•
Notary Public
rsignatures continued on succeeding page]
12
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Orly N000ss, claw and R4nardIr d County, CO
�Illr�l�R�I�+��IUr �41Qf��'��w1����l>114�1i1� 5 III
DCP! DCP Operating Company, LP,
a Delaware limited partnership
By:
Name:
Its:
STATE OF COLORADO
) ss.
COUNTY OF WELD
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me this Znuil day of 1144 (4
�
2017, by /is �• a �ee.•+lvc�s as -��. - G
DCP Operating Company, LP, a DM -aware limited partnership.
Witness my hand and official seal.
My commission expires:
(SEAL)
�3c
KYLE SWIM
NOTARY ROW - STATE OF COLORADO
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L5=N 89'55.'52* E 836.2D'
L6=5 OO'00'06' E 418.12'
L7=S 89'59'52" W 836.20'
LB=N OO'OO'O8' W 418.12'
,rr'&9rf talc
4..G1111I GR\I.1IrG SURVEYINGLLt
!VCR 345
1
LJ
172
SECTI0Ii MAQ
I'=1/2 MILE
0' 300'
ITWTMf
e=lp
SCALE 1'=300'
DATE: 04/26/17
DRAWN BY: PAL,
DATE REVISED:
f E0END
____= RCM0
--- -- - PIPLUNE
f- GAS WU.
JOB NO.: 17031
AM 500216167
EXHIBIT "A "
IAIL7010 COMPRESSOR
Nl If4 SEC. 12 UN R65W 61H PN
WELD COUNTY I s iEEr I O1 1
(Russ or auawcs)
S 89"50'28- E 2532.65'
NCR 36
1/I CORNER
SzC I/SEC 12
3.25' CAP
PL5 22096
E GEA1ENT
OWING noso
1
TEMPORARY WORK AREA
LEASED PROPERTY
a 1
6 h
L -•u
y
WC1 345
-p
EASEMENT
—
(E71I571NG ROAD)
116
1217
3.25" ALUM. CAP
PLS 23520
APPROXLIATE MULTIPLE
PIPELW[ CORR/DOR
OGG . S, LLC AND
THE STROH EAM/LY TRUST
NE •1 SECTIahl :.
T.N k6.5 IV 6m
i
0' 400'
Peke a6T lent Iwoe
%C17 II CI7LuI■ G 5URVeYING LLC
TEMP. PORK AAEn
LEASED pRoemrr L A
EASE4IENr
SCR 345 12
5ECT10N MAP
1"=1/2 TALE
1.) locator* of oldie fi.nclndno pipelines) ware
d.l.mered hen viol* surface 0idbr1e0. Tl.e.e IPsnGon..
A sheen. MO( N. araruh or eomplole 0[her unities
not brim lrr0' exist N1 utiAlies m to be fdnnIRRed and
nrodrod by ebbs, prior to exoorotioa.
2) liOrat Acocrdirp to Ccieroeo in. you must ceenrrimcs
any ineei ocOon basal ry n any defect in Ibis survg wihin
three yeas oiler you fist discover such 'Select In no .rent
reyy wry °[lion based upon any defect in Ibis survey be
commenced more then len yearn horn the dote or the
cerWiicolien 'boon hereon
A) Ibis &WI roe prepoe.d by Paul A Wldm, PLO J706B,
for d on behdf el Cenlerrbne Surveying, LLC 7200
Ilcleurey Ranch Rd, Solemn. CO 50512.
LEGEa0
____= ROAD
- - - PIPEUNE
C.AS WELL
JOE NO.: 17031
rzi=p
SCALE: 1"...401Y
DATE: 04/26/17
DRAWN 8Y: PAY
DATE REVISED:
AFE 500216167
EXHIBIT "B"
LIL70N COMPRESSOR
NE1/4 SEC. 12 T3N ROW 6TH PM WELD COWRY !SHEET i OF 1
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