HomeMy WebLinkAbout20141439.tiff 1
PETITION TO STATE BOARD OF ASSESSMENT APPEALS For Office Use Only
1313 Sherman Street, Room 315 Phone: (303) 864-7710
RECEIVEDDenver, Colorado 80203 Fax: (303) 864-7719 Docket No.
Fee: Y
MAY 2 2 2014 Check/Credit Card#
WELD COUNTY g Date: May 21, 2014 0 H
t^P� ISIONE.Bonanza Creek Energy, Inc. (& Subsidiaries in Attach. A)
Subject Property: Rural Weld County
Street Address City
Schedule Number(s): E0009094+
Attach separate sheet if necessary
❑Board of Equalization
Appeals the decision of the Weld 0 Board of Commissioners Dated: 05/12/14
County ['State Property Tax Administrator
This Appeal concerns: ❑Valuation 0 Refund/Abatement O Exemption ❑State Assessed Tax Year: 2009-2012
The subject property is currently classified as:
O Agricultural ❑Commercial ❑Exempt ID Industrial ❑Mixed Use ❑Natural Resources
0 Oil & Gas 0 Personal ❑Possessory O Producing ❑Residential OState Assessed
❑Vacant Land Interest Mines
Actual Value assigned to subject property: Petitioner's estimate of value:
Estimated time for Petitioner to present the appeal: 60 minutes or 1 hours.
Not less than 30 minutes. Board will allow equal time to County or Property Tax Administrator.
Appearance:
❑Petitioner will be present at the hearing ❑Petitioner will appear by telephone
0 Petitioner will be represented by an agent Petitioner is responsible for calling the Board at 303-866-5880
0 Petitioner will be represented by an attorney on the scheduled date and time of hearing(Mountain Time Zone)
p Petitioner would like to appear by video conference
Petitioner must contact the Board at 303-866-5880 at least 20 days in advance
of the scheduled hearing to confirm availability of video conference equipment
If the property owner is an entity,it must appear under the representation of an attorney licensed in Colorado except as follows. A closely held entity may be
represented by an officer of the entity as long as the amount in controversy does not exceed$10,000,exclusive of costs,interest or statutory penalties.
A closely held entity can have no more than three owners. See Section 13-1-127,C.R.S. A closely held entity that will be represented by an officer of the
entity must provide a letter to the Board with this petition stating that it has no more than three owners and that the tax amount at issue does not
exceed$15,000 as of August 7,2013.A trust filing a petition as of August 8,2012 may be represented by a trustee,an attorney or an agent.
Filing Fee:
O None Petitioner is appearing pro se (self-represented) and has not filed more than two Petitions with the Board
of Assessment Appeals during this fiscal year(July 1 —June 30).
❑ $ 33.75 Petitioner is appearing pro se (self-represented) and has filed more than two Petitions with the Board of
Assessment Appeals during this fiscal year(July 1 —June 30).
O $101.25 Petitioner will be represented by an agent or by an attorney.
In the space below, please explain why you disagree with the value assigned to the subject property
Although Petitioner's leasehold mineral interests and production in rural Weld County are not within
its boundaries, Sand Hills Metropolitan District has erroneously and illegally levied ad vabrem taxes
on Petitioner's property as described in the Amended Complaint submitted herewith.
/54217
Required attachments to this form:
0 Assessor's or Property Tax Administrator's Notice of Valuation or Notice of Denial
0 Decision of County Board of Equalization, County Board of Commissioners or Property Tax Administrator
Attachments required under certain circumstances:
0 A notarized Letter of Authorization if an agent will be representing Petitioner
0 A list of names, last known addresses and telephone numbers of co-owners or parties directly interested in the subject
property if applicable.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed, faxed or hand delivered to:
O Board of Equalization
Weld O Board of Commissioners •
County ['State Property Tax Administrator
at the following address:// ,�� 1550 11 "O" Street, Greeley, CO 80632
on 042(.4 •
oato
I hereby certify that a true and correct copy of the foregoing Petition to the State Board of Assessment Appeals and
attachments were mailed,faxed or hand delivered to all co-owners or parties directly interested in the subject property
on •
Date
I hereby certify that four (4) true and correct copies of the foregoing Petition to the State Board of Assessment Appeals
and attachments were mailed or hand delivered to the Board of Assessment Appeals at 1313 Sherman Street, Room or
315, Denver, CO 80203 on f l c .L cDO i y
Dale
(One copy may be faxed to the Board but the iginal and two additional copies must be mailed or hand delivered.)
Petitioner's Mailing Address is Required Even if Petitioner is Represented by i Agent or Attorney (per C.R.S.
39-8-109
r\ • Yev_k-
Signature of Agent-J or Attorney_ Signatur itione
R. Kirk Mueller Christopher I. Humber
Printed Name Printed Name
1550 17th Street, Suite 500 410 17th Street, Suite 1400
Mailing Address Mailing Address
Denver, CO 80202 Denver, CO 80202
City, State,Zip Code City, State,Zip Code
Telephone: 303-892-7456 Telephone: 720-440-6120
Daytime number
E-Mail: kirk.mueller@dgslaw.coom E-Mail: chumber@bonanzacrk.com
Attorney Reg. No.: 16746 It Is the Petitioner's responsibility to notify the BAA of any
change of address.
Petitioners are strongly encouraged to read the Instructions and Rules of the Board of Assessment Appeals prior to
completing this Petition Form. The Instructions and Rules are available on the Web at www.dola.Colorado.gov/baa or
may be requested by phone at 303-866-5880.
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR ABATEMENT OR REFUND
OF TAXES - BONANZA CREEK ENERGY, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, at a
duly and lawfully called regular meeting held on the 12th day of May, 2014, at which meeting there
were present the following members: Chair Douglas Rademacher, and Commissioners Mike
Freeman, William F. Garcia, and Barbara Kirkmeyer, with Sean P. Conway being excused, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer and the Assessor of said County, with said Assessor, Christopher Woodruff, being
present, and taxpayer, Bonanza Creek Energy, Inc., being represented by R. Kirk Mueller, of
Davis Graham & Stubbs, LLP, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
petition, and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board concurs with the recommendation of the Assessor and the
petition be and hereby is, denied, and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED ABATEMENT TAX
VALUATION OR REFUND YEAR
$0.00 $0.00 2013
CC �K.Ciw (K ^�•
6/2O
2014-1439
AS0087
TAX ABATEMENT PETITION - BONANZA CREEK ENERGY, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
ougl s Rade ache2.r Chair
Weld County Clerk to the Board zatiaa
I �rbara Kirkmeyer)Pro-Tem /
BY:
D y Clerk to the Bo - J;= ' L CUSED
an P. Conway
AP D RS T ORM: ��, f
� — Mike Freeman
ty Attorney
William F. Garcia
Date of signature:5Ia01 i4
2014-1439
AS0087
PETITION FOR ABATEMENT OR REFUND OF TAXES
County:WELD Date Received.: L7/y1-0 S,
(t)se Assessor's or Commissioners'Date Stamp)
Section is Petitioner,please complete Section I only.
Date: April 11,2014
Month Day Year
Petitioner's Name: Bonanza Creek Energy,Inc.(and its subsidiaries identified in Attachment A)
Petitioner's Mailing Address: 410 17th Street,Suite 1400
Denver Colorado 80202
City or Town Stale Zip Code
SCHEDULE OR PARCEL NUMBERS) PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTY 0
See Exhibit A See Exhibit A 33
E95 '/r 3. -t cm m
-4 n
CO eD m
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the --el t�
above property for the property tax year 2013 are incorrect for the following reasons: (Briefly describe why Qe C
the taxes have been levied erroneously or illegally,whether due to erroneous valuation,irregularity in levying, Z o m
clerical error,or overvaluation. Attach additional sheets if necessary.) m-1
For the reasons set forth in the Amended Complaint filed in the Colorado District Court, District of Weld County,
Case No.2013 CV 030928,a copy of which is attached hereto as Exhibit B,the taxes certified by the Sand Hills
Metropolitan District and collected by Weld County upon Bonanza Creek Energy,Inc.'s property identified in
Exhibit A hereto"have been levied erroneously or illegally"as described in C.R.S.§39-10-114 et seq.
Petitioner's estimate of value: $3,142,702 20( 13
Value Year
I declare,under pe 'ity of perjury in the second degree,that this petition,together with any accompanying exhibits
or statements,has •`en prepa =d or examined by me,and to the best of my knowledge,information,and belief,is
true,corr- , - d
Daytime Phone Number( 720 ) 440.6120
Petitioner' Ign'�
By Daytime Phone Number( )
Agent's Signature'
'Letter of agency must be attached when petition Is submitted by on agent.
It the Board of County Commissioners,pursuant to§39-10-114(1),C.R.S.,or the Property Tax Administrator,pursuant to§39.2-116,C.R.S.,
denies the petition for refund or abatement of taxes in whole or in part,the Petitioner may appeal to the Board of Assessment Appeals pursuant
to the provisions of§39-2-125,C.R.S.,within thirty days of the entry of any such decision,§39.10.114.5(1),C.R.S.
Section II: Assessor's Recommendation
(For Assessor's Use Only)
Tax Year'D013
3
Actual Assessed Tax
original 12CiIOW,ilYty lo1ii934831 �S�(301 x7 $
3 '
correctdi 2511°62i 044 $1071 o311 83-a S 8 19 ,213.S
—
Abate/Refund - ._T
❑Assessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluation,no abatement or refund of taxes shall be made if an objection or protest
to such valuation has boon filed and a Notice of Dotermination has been mailed to the taxpayer,§39-10.114(1)(a)(I)(O),C.R.S.
Tax year: Protest? 0 No ❑Yes (if a protest was(tied,please attach a copy of the NOD.)
'Assessor recommends denial for the following reason(s):
. The a c -u- V C 1. Vt.2.S c.4.-10. c n c'CIA 4r-
-11•_12 I c t J.1 I SS IAA. O4 n o r n �-
50.r\ t l lS PAC Y'e I.5jT tit!+' }.1-C LS ssessor s or ty lessors gn re
15.0PT-AR No.92046/11 '
e.;) acb ns w-r.U t a ce�, �s�m -- c,l -r
ote/c,tote,u vloT Ax e_ Asv sS or . 2014-1439
NAMEI I ACCOUNTNOI ADJUSTEDACTUALVAL I ADJUSTEDASSESBEDVAL I AREAIDI MILLLEWITOTALTA%I AUTHORITYNAAIE I CURRENTMILLLEVY I SANDHILLS TAX
BONANZA CREEK ENERGY INC E9524892 3205414.00 559,570 00 4262 102784 56,122.84 SAND HILLS METRO 55 53,276.35
BONANZA CREEK ENERGY INC E8390206 110,997.00 53.190.00 4263 99.596 $31771 SAND HILLS METRO 55 $175.45
BONANZA CREEK ENERGY INC E3230305 516,808.00 54.870 00 4792 100.483 $48935 SAND HILLS METRO 55 $26785
BONANZA CREEK ENERGY INC E9521253 55752.00 51670004792 100483 $167.81SAND HILLS METRO 55 $9185
BONANZA CREEK ENERGY INC E9521260 511.751 00 $3.410 OD 4792 100.483 $342.65 SAND HILLS METRO 55 $187 55
BONANZA CREEK ENERGY INC E9521261 55,752.00 51670004792 100.483 $167.81 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC E9521264 55,752.00 11670004792 100.483 $16781 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9523415 $33,570.00 $9,740.00 4792 100483 $97870 SAND HILLS METRO 55 3535.70
BONANZA CREEK ENERGY INC E8522417 $5,752.00 51670004792 100.483 516781 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9523623 5248.47400 572.060.00 4792 100483 $7,240.80 SAND HILLS METRO 55 $3,963.30
BONANZA CREEK ENERGY INC E9523626 576,306.00 522.130004792 100.483 $2,223 69 SAND HILLS METRO 55 51217.15
BONANZA CREEK ENERGY INC E9523843 55]25500 $15.440.004792 100.483 $1,551 46 SAND HILLS METRO 55 $849.20
BONANZA CREEK ENERGY INC E9524848 54!04700 513.030 00 100.483 5130929 SAND HILLS METRO 55 $716.65
BONANZA CREEK ENERGY INC E9521909 544.947.00 513030004792 100.483 51,30929 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E9524912 54!94700 $13,030.004792 100.483 $1,309.29 SAND HILLS METRO 55 5716.65
BONANZA CREEK ENERGY INC E9519552 513.48000 53,910.004792 100483 $392.89 SAND HILLS METRO 55 $215.05
BONANZA CREEK ENERGY INC E9519561 524,853 00 57,150004792 100.483 $71845 SAND HILLS METRO 55 3393.25
BONANZA CREEK ENERGY INC E9521241 5575200 51,670 00 4792 100.483 $167.81 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC E9521247 513,488.00 $3.910.00 4792 100.483 $39289 SAND HILLS METRO 55 3215.05
BONANZA CREEK ENERGY INC E9522396 5575200 51.670 00 4792 100.483 $167.81 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC E9522404 5575200 51,670 CD 0792 100.483 $167 81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9522405 5575200 51670004792 100.483 $167.81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9522420 5575200 51.670 00 4792 100.483 5167.81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9523026 57.489.00 52.170 00 4792 100.483 321805 SAND HILLS METRO 55 $11935
BONANZA CREEK ENERGY INC E9523037 533,570.00 59.740 00 4792 100.483 $97870 SAND HILLS METRO 55 553570
BONANZA CREEK ENERGY INC E9523635 54494700 513.030.00 4792 100483 $1,309.29 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E9524856 5248,474.00 572.060.00 0792 100.483 $7,24080 SAND HILLS METRO 55 13,96330
BONANZA CREEK ENERGY INC E9524066 544,947.00 513,030.00 4792 100483 $1,309.29 SAND HILLS METRO 55 $716.65
BONANZA CREEK ENERGY INC E9524074 544,94T.00 513,030.00 4792 100.483 $1,309.29 SAND HILLS METRO 55 371665
BONANZA CREEK ENERGY INC E9524914 $4494700 513,030 DO 4792 100.483 51,309.29 SAND HILLS METRO 55 $716.65
BONANZA CREEK ENERGY INC E9524887 54!94700 $1]030004262 102.784 5133928 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E9521235 123,986.00 5696000 4736 101 483 570632 SAND HILLS METRO 55 5382.80
BONANZA CREEK ENERGY INC E3228405 51680800 54.070.004792 100.483 5489.35 SAND HILLS METRO 55 $26785
BONANZA CREEK ENERGY INC E9519563 510488.00 53,910.00 4792 100.483 3392.09 SAND HILLS METRO 55 $21505
BONANZA CREEK ENERGY INC E0519564 $22,807.00 56,610.00 4792 100.483 1664.19 SAND HILLS METRO 55 $363.55
BONANZA CREEK ENERGY INC E9521262 523,98600 56,960,00 4792 100483 1699.36 SAND HILLS METRO 55 $382.80
BONANZA CREEK ENERGY INC E9522408 35752.00 51.670 00 4792 100.403 5167.81 SAND HILLS METRO 55 89185
BONANZA CREEK ENERGY INC E9522410 55,75200 51,670 00 4792 100403 5167.01 SAND HILLS METRO 55 391.85
BONANZA CREEK ENERGY INC E9523044 31006000 14,080.004792 100.403 340997 SAND HILLS METRO 55 $22440
BONANZA CREEK ENERGY INC E9523305 55,752.00 51670004792 100403 5167.01 SAND HILLS METRO 55 591.B5
BONANZA CREEK ENERGY INC E9523647 55?25500 515440 D04792 100.403 5155146 SAND HILLS METRO 55 $84920
BONANZA CREEK ENERGY INC E9524049 52400400 $72060004792 100.403 31240.60 SAND HILLS METRO 55 53.963 30
BONANZA CREEK ENERGY INC E9524099 $53,255.00 $15,440004792 100403 51,55146 SAND HILLS METRO 55 584920
BONANZA CREEK ENERGY INC E9524904 5248,47400 572.060004792 100.483 $7,240.00 SAND HILLS METRO 55 53,96330
BONANZA CREEK ENERGY INC E9524905 $44,947.00 513,030.00 4792 100.403 51 309.29 SAND HILLS METRO 55 5716.65
BONANZA CREEK ENERGY INC E9524911 553,25500 515440004792 100403 $1,551.46 SAND HILLS METRO 55 5849.20
BONANZA CREEK ENERGY INC E9521242 513.48800 13910.004792 100483 539289 SANG HILLS METRO 55 521505
BONANZA CREEK ENERGY INC E9521248 527,93300 58.100004792 100 483 5813.91 SAND HILLS METRO 55 5445.50
BONANZA CREEK ENERGY INC E9522390 5575200 11.670004792 100.403 516701 SAND HILLS METRO 55 $9185
BONANZA CREEK ENERGY INC E9522401 5575200 51670004792 100403 516761 SAND HILLS METRO 55 59185
BONANZA CREEK ENERGY INC E9623020 55.75206 31670004792 100483 516781 SAND HILLS METRO 55 391.85
BONANZA CREEK ENERGY INC E9523085 55.752.D0 11670004792 100483 516781 SAND HILLS METRO 55 $9185
BONANZA CREEK ENERGY INC E9523625 57.40900 52.170.00 4792 100483 $218.05 SANG HILLS METRO 55 $11935
BONANZA CREEK ENERGY INC E9523637 544.94700 513,030 00 100483 5130929 SAND HILLS METRO 55 5716.65
BONANZA CREEK ENERGY INC E9524863 516,068.00 54,660.00 4792 100.483 5468.25 SAND HILLS METRO 55 5256.30
BONANZA CREEK ENERGY INC 80009094 516,000.00 54870004262 102.784 5500.56 SAND HILLS METRO 55 328705
BONANZA CREEK ENERGY INC E3231205 51660000 34,070004263 99596 5405.03 SANG HILLS METRO 55 $267.85
BONANZA CREEK ENERGY INC E8230205 116,808.00 5!870.004792 100.483 348935 SAND HILLS METRO 55 526785
BONANZA CREEK ENERGY INC E9519565 5287500 3780 00 4792 100 483 578.38 SAND HILLS METRO 55 54290
BONANZA CREEK ENERGY INC E9521254 511.751 00 5?410004792 100.483 $34265 SAND HILLS METRO 55 $187.55
BONANZA CREEK ENERGY INC E9521258 526.007.00 57,570 00 4792 100.403 $760.66 SAND HILLS METRO 55 $41635
BONANZA CREEK ENERGY INC E9522416 5148900 32.170004792 100403 5210.05 SAND HILLS METRO 55 $119.35
BONANZA CREEK ENERGY INC E9523046 5575200 51,670004792 100403 3167.01 SAND HILLS METRO 55 19105
BONANZA CREEK ENERGY INC E9523302 514,060.00 50,080.00 4792 100.483 5409.97 SAND HILLS METRO 55 $224.40
BONANZA CREEK ENERGY INC 69523303 5575200 51,670 00 4792 1004B3 $167.01 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC E9523307 $27,777.00 55060 00 4792 100483 5009.09 SAND HILLS METRO 55 $443.30
BONANZA CREEK ENERGY INC E9524052 54494700 513.030 00 4792 100483 5130919 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E4122600 $22.80700 36,610004792 100.483 5664.19 SAND HILLS METRO 55 5363.55
BONANZA CREEK ENERGY INC 69519554 11]48800 5J910.004792 100483 1392.89 SAND HILLS METRO 55 $31505
BONANZA CREEK ENERGY INC 69519550 522.807.00 56,610004792 100483 5664.19 SAND HILLS METRO 55 1363.55
BONANZA CREEK ENERGY INC E9519569 122607.00 56,610 00 4792 100483 1664.19 SAND HILLS METRO 55 336355
BONANZA CREEK ENERGY INC E9519562 52,675.00 $780.00 4792 100483 $78.38 SAND HILLS METRO 55 342.90
BONANZA CREEK ENERGY INC 69523027 133.570.00 59,740.00 4792 100.483 197070 SAND HILLS METRO 55 $535.70
BONANZA CREEK ENERGY INC E9523030 55,75200 51,670.00 0792 100.483 $167.01 SAND HILLS METRO 55 391.85
BONANZA CREEK ENERGY INC E9523632 360326.00 518,650 00 4792 100483 $1,874.01 SAND HILLS METRO 55 5102575
BONANZA CREEK ENERGY INC 69523636 $5?25500 515,440 00 4792 100.483 5155146 SAND HILLS METRO 55 884920
BONANZA CREEK ENERGY INC E9523639 164.326.00 518.650 00 4792 100.483 51,074.01 SAND HILLS METRO 55 5102575
BONANZA CREEK ENERGY INC E9524061 124004.00 572.060 00 0792 100.483 57,24080 SAND HILLS METRO 55 53.96330
BONANZA CREEK ENERGY INC E9524893 553.25500 515.440 00 4262 102784 51,586 98 SAND HILLS METRO 55 584920
BONANZA CREEK ENERGY INC E9524090 544,94700 513.030.00 4262 102784 51339.20 SAND HILLS METRO 55 571665
BONANZA CREEK ENERGY INC E9524071 $65,235.00 $10920.004263 99.596 11,884.36 SAND HILLS METRO 55 51,04060
BONANZA CREEK ENERGY INC E9524906 $53,255.00 $15,440.00 4262 102.784 $1586.98 SAND HILLS METRO 55 $849.20
BONANZA CREEK ENERGY INC E3390306 $10,997.00 53.190 00 4263 99.596 $317.71 SAND HILLS METRO 55 5175.45
BONANZA CREEK ENERGY INC 69521265 522,14000 56.420.00 0263 99.596 $63941 SAND HILLS METRO 55 5353.10
BONANZA CREEK ENERGY INC E8230405 316,80800 $4,07000092 100.483 $48935 SAND HILLS METRO 55 526785
BONANZA CREEK ENERGY INC E9521252 35.75200 51670.004792 100483 $16781 SAND HILLS METRO 55 59105
BONANZA CREEK ENERGY INC E9522407 $1406000 $1000.004792 100483 540997 SAND HILLS METRO 55 $22440
BONANZA CREEK ENERGY INC E9522412 333.57000 $9.740.004792 100483 $97870 SAND HILLS METRO 55 $53570
BONANZA CREEK ENERGY INC E9523042 5148900 52,170 00 0792 100.483 5218.05 SAND HILLS METRO 55 $119.35
BONANZA CREEK ENERGY INC E9523306 55.752.00 51,670 00 4792 100483 516701 SAND HILLS METRO 55 39185
BONANZA CREEK ENERGY INC E9623627 515,79700 $4.580004792 100.483 5460.21 SAND HILLS METRO 55 $251.90
BONANZA CREEK ENERGY INC E9523640 553,255.D0 515,440 00 4792 100.483 $1,551 46 SAND HILLS METRO 55 5849.20
BONANZA CREEK ENERGY INC E9523641 544,947.00 $13,03000092 100.483 51309.29 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E9523646 54494700 513,030 00 100.483 51,30929 SAND HILLS METRO 55 5716.65
BONANZA CREEK ENERGY INC 69524850 553.25500 515940 00 4792 100.483 $155146 SAND HILLS METRO 55 5849.20
•
BONANZA CREEK ENERGY INC E9524854 553.25500 515440004792 100483 $1,551 46 SAND HILLS METRO 55 $84920
BONANZA CREEK ENERGY INC 69524902 35J25500 515.440 DO 4792 100483 5155146 SAND HILLS METRO 55 $849.20
•
BONANZA CREEK ENERGY INC E9524903 $248,474.00 572.060.00 0792 100.483 $7,240 80 SAND HILLS METRO 55 13.963.30
BONANZA CREEK ENERGY INC E9523624 $248474.00 $72,060.00 4736 101 483 $7312.86 SAND HILLS METRO 55 11%330
BONANZA CREEK ENERGY INC E9521237 $5,752 00 $1670.001792 100.483 $167.81 SAND HILLS METRO 55 69105
BONANZA CREEK ENERGY INC 6952/244 $11,751 00 53.41000 4792 100 483 $342 65 SAND HILLS METRO 55 $187 55
BONANZA CREEK ENERGY INC 69522392 $14,060 00 $4.080.004792 100483 $409.97 SAND HILLS METRO 55 922440
BONANZA CREEK ENERGY INC E9522403 $1406000 54 080 00 4792 100483 $409 97 HILLS METRO 55 922440
BONANZA CREEK ENERGY INC E9523031 $5,75200 51.670 00 4792 100483 $16781 SAND HILLS METRO 55 691.85
BONANZA CREEK ENERGY INC 69523620 $44,947.00 913.030 00 4792 100483 11309.29 SAND HILLS METRO 55 671665
BONANZA CREEK ENERGY INC E9523630 $53,25500 615.440 00 0792 100.483 $1,551.46 SAND HILLS METRO 55 584920
BONANZA CREEK ENERGY INC E9524858 $56,927 00 515510.00 4792 100483 $1,658.97 SAND HILLS METRO 55 6908.05
BONANZA CREEK ENERGY INC E9524059 $53,255.00 $15,440.004792 100483 $1,551 46 SAND HILLS METRO 55 5849.20
BONANZA CREEK ENERGY INC E9524060 $248,47400 672.06000 4792 100.483 $7.24080 SAND HILLS METRO 55 639330
BONANZA CREEK ENERGY INC 09524867 $248,474.00 972.060 00 4792 100.483 57,24080 SAND HILLS METRO 55 $3.963.30
BONANZA CREEK ENERGY INC E9524883 $141,298 00 140,980.00 0792 100.483 $4,117.79 SAND HILLS METRO 55 6225390
BONANZA CREEK ENERGY INC 69524885 $65,235 00 918.920 00 4262 102784 5194467 SAND HILLS METRO 55 5104060
BONANZA CREEK ENERGY INC E9524886 $53.25500 515.440 00 0262 102784 $1,586.98 SAND HILLS METRO 55 584920
BONANZA CREEK ENERGY INC 69524888 $65,235.00 118.920.004262 102.784 $1,94467 SAND HILLS METRO 55 11.04060
BONANZA CREEK ENERGY INC E9521266 $748900 $2.170004262 102.784 $223.04 SAND HILLS METRO 55 $11935
BONANZA CREEK ENERGY INC E0009574 $22,807.00 56610.004792 100483 $664.19 SAND HILLS METRO 55 $363.55
BONANZA CREEK ENERGY INC E0011200 $22,807.00 $6610004792 100.483 $664.19 SAND HILLS METRO 55 $363.55
BONANZA CREEK ENERGY INC E9521259 $5,752 00 61,670.00 4792 100.483 516781 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9521263 $5,752.00 91.670 X 4792 100483 $167.81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9522406 $575200 $1670.004792 100.483 $167.81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC 69524000 $44,947 00 113.030 00 4792 100.483 $1309.29 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC 89524865 $4494700 $13.030.004736 101 483 $1,322.32 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E4132500 $1148800 13.910 00 4792 100.483 $39289 SAND HILLS METRO 55 $21505
BONANZA CREEK ENERGY INC E9519553 $2,675 00 6780.004792 100483 $78.38 SAND HILLS METRO 55 $4290
BONANZA CREEK ENERGY INC E9519556 $2,675.00 5780.004792 100483 57838 SAND HILLS METRO 55 $4290
BONANZA CREEK ENERGY INC E9519557 $2380700 6fi610004792 100483 $664.19 SAND HILLS METRO 55 6363.55
BONANZA CREEK ENERGY INC E9521234 $23.98600 $6,960 IX 4792 100483 $699.36 SAND HILLS METRO 55 5382.80
BONANZA CREEK ENERGY INC E9521230 $5,752 00 11.670 X 4792 100.483 $16781 SAND HILLS METRO 55 $9185
BONANZA CREEK ENERGY INC 89521243 $2608700 6?570.004792 100483 $76066 SAND HILLS METRO 55 $41635
BONANZA CREEK ENERGY INC E9522402 $575200 91 670 00 4792 100.483 $16781 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC 09524872 $24847400 172.060 00 4792 100.483 $7,240 80 SAND HILLS METRO 55 $19330
BONANZA CREEK ENERGY INC E9524060 $240474.00 672.060 00 4253 99.596 $7,17689 SAND HILLS METRO 55 $3,963.30
BONANZA CREEK ENERGY INC 69521256 $5,752.00 11 670 00 4792 100483 $15781 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC E9522413 $3]570.00 69.740.00 0792 100.483 $978.70 SAND HILLS METRO 55 353570
BONANZA CREEK ENERGY INC E9522414 $14,060 00 64.050.CC 4792 100483 $409.97 SAND HILLS METRO 55 $224.40
BONANZA CREEK ENERGY INC E9522418 $15,797.00 14,580 DO 4792 100.483 $46021 SAND HILLS METRO 55 $251 90
BONANZA CREEK ENERGY INC E9524891 124847400 $72060004792 100.483 $7,240 80 SAND HILLS METRO 55 63.96330
BONANZA CREEK ENERGY INC E9524901 $53255.00 615.440 00 4792 100.483 5155146 SAND HILLS METRO 55 584920
BONANZA CREEK ENERGY INC E9524875 55525500 915,440 00 4736 101 483 $1,566.90 SAND HILLS METRO 55 684920
BONANZA CREEK ENERGY INC 69524070 $248,474 00 672.060.00 4736 101 483 67,31286 SAND HILLS METRO 55 63.963.30
BONANZA CREEK ENERGY INC E3230905 $41,77800 112.120 00 4792 100.483 $1,217.85 SAND HILLS METRO 55 6666.60
BONANZA CREEK ENERGY INC E9519555 $2,675.00 6780.004792 100.483 $78.38 SAND HILLS METRO 55 54290
I BONANZA CREEK ENERGY INC E9521239 $23,986.00 56.960.004792 100.483 $69936 SAND HILLS METRO 55 6382.80
BONANZA CREEK ENERGY INC 69521240 $5,752.00 11.670 00 4792 100.483 $16781 SAND HILLS METRO 55 691.85
BONANZA CREEK ENERGY INC E9521245 $2.575.00 6780.00 4792 100483 $78.38 SAND HILLS METRO 55 642.90
BONANZA CREEK ENERGY INC 69521246 15.752.00 51670➢04792 100.483 5167 81 HILLS METRO 55 69185
BONANZA CREEK ENERGY INC E9522391 $575200 61670004792 100483 $16781 SAND HILLS METRO 55 69185
BONANZA CREEK ENERGY INC £9522400 $5,752 00 91.670 00 4792 100.483 $167 81 HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9523025 $31,72400 69200004792 100483 $92444 SAND HILLS METRO 55 $50600
BONANZA CREEK ENERGY INC E9523040 $7,489.00 52.170 00 4792 100483 $218 05 HILLS METRO 55 $11935
BONANZA CREEK ENERGY INC E9523633 364,32600 518.650.00 4792 100.483 $1,874 01 SAND HILLS METRO 55 5102575
BONANZA CREEK ENERGY INC 09524862 $44,947 00 $15030004792 100453 $1,309.29 SAND HILLS METRO 55 $716.55
BONANZA CREEK ENERGY INC E9524864 $205,414.00 959.570.00 4792 100483 $5,98577 SAND HILLS METRO 55 $3,27635
BONANZA CREEK ENERGY INC E9524882 $76,308.00 622.130 ao 4262 102 754 $2,274.61 SAND HILLS METRO 55 $1,217.15
BONANZA CREEK ENERGY INC E9524884 $53,255.00 615.440 00 4262 102 764 $1,586 98 SAND HILLS METRO 55 $&9.20
BONANZA CREEK ENERGY INC E9522409 $5752.00 61670004792 100.483 $167.81 SAND HILLS METRO 55 $91 05 •
BONANZA CREEK ENERGY INC E9522411 $1a06000 94.080 00 4792 100.483 540997 SAND HILLS METRO 55 $22440
•
BONANZA CREEK ENERGY INC E9523309 $5.75200 91.670 X 4792 100483 3167.81 SAND HILLS METRO 55 $91 85 I
BONANZA CREEK ENERGY INC 09524851 $53,255 00 $15440.004792 100483 $1551.46 SAND HILLS METRO 55 $849.20
BONANZA CREEK ENERGY INC E9524855 $26045400 975.530.00 4792 100483 57,58948 SAND HILLS METRO 55 14.154 15
BONANZA CREEK ENERGY INC E9524889 $44,94700 613.030 00 4792 100.483 51,30929 SAND HILLS METRO 55 $71665
BONANZA CREEK ENERGY INC E9524576 $53,255.00 $15440004736 101 453 $1,566.90 SAND HILLS METRO 55 $04920
BONANZA CREEK ENERGY INC E9524877 $53,25500 915440.004736 101 483 51,566.90 SAND HILLS METRO 55 684920
BONANZA CREEK ENERGY INC E9521250 $5,752 00 61,670.00 4792 100.483 $167.81 SAND HILLS METRO 55 591.85
BONANZA CREEK ENERGY INC E9521251 52198600 86.960.004792 100483 $699.36 SAND HILLS METRO 55 638280
BONANZA CREEK ENERGY INC E9522393 $575200 51.670 00 4792 100483 $167 81 HILLS METRO 55 591.85
BONANZA CREEK ENERGY INC E9522394 514.06000 94,080.60 4792 100483 5409.97 SAND HILLS METRO 55 622440 '
BONANZA CREEK ENERGY INC £9522397 $3157000 69.740 00 4792 100483 197870 SAND HILLS METRO 55 653570
BONANZA CREEK ENERGY INC E9522398 514.06000 64.080 00 4792 100483 5409.97 SAND HILLS METRO 56 922440
BONANZA CREEK ENERGY INC E9522419 $5.75200 91.670.00 4792 100.483 $157.81 SAND HILLS METRO 55 60185
BONANZA CREEK ENERGY INC E9523032 5575200 91.670 00 4792 100483 $167.81 SAND HILLS METRO 55 69185
BONANZA CREEK ENERGY INC E9523034 514.06000 64.080 00 4792 100.483 $409.97 SAND HILLS METRO 55 522440
BONANZA CREEK ENERGY INC E9523039 515,797.00 94.500.00 4792 100483 $480.21 SAND HILLS METRO 55 $251 90
BONANZA CREEK ENERGY INC 69523041 $27,777 00 $8.060004792 100483 $809.89 SAND HILLS METRO 55 544330
BONANZA CREEK ENERGY INC E9523634 $53,25500 915,440.00 4792 100483 $1,551 46 SAND HILLS METRO 55 984920
BONANZA CREEK ENERGY INC E9524890 $76306.00 $22.130 00 4262 102784 $2,274.61 SAND HILLS METRO 55 51.217 15
BONANZA CREEK ENERGY INC E8524801 $5335500 615440004263 99.596 51537.76 SAND HILLS METRO 55 $04920
BONANZA CREEK ENERGY INC E0009572 $22,807 00 16.610 00 4792 100483 $664.19 SAND HILLS METRO 55 6363.55
BONANZA CREEK ENERGY INC E8523043 $5,752.00 91.670 00 0792 100483 $167.81 SAND HILLS METRO 55 $91.85
BONANZA CREEK ENERGY INC E9523045 $33,570.00 59.740.00 4792 100483 $97870 SAND HILLS METRO 55 553570
BONANZA CREEK ENERGY INC E9523304 $33,57000 $9.740.00 4792 100.483 $97870 SAND HILLS METRO 55 $53570
BONANZA CREEK ENERGY INC E9523309 51408000 $4.000.004792 100483 $409.97 SAND HILLS METRO 55 $224.40
BONANZA CREEK ENERGY INC E9523644 $44.90.00 $13,030.00 4792 100483 $1,309.29 SAND HILLS METRO 55 971665
BONANZA CREEK ENERGY INC E9523645 544.94700 $13,030.004792 100483 $1,309.29 SAND HILLS METRO 55 5716.65
BONANZA CREEK ENERGY INC E9524853 $24847400 672.060 00 4792 100483 6724080 SAND HILLS METRO 55 63.9330
BONANZA CREEK ENERGY INC E9524910 $44,94700 $13.030004792 100483 6130929 SAND HILLS METRO 55 971665
BONANZA CREEK ENERGY INC E8524913 $53,255.00 115.440 00 4792 100483 $1.55146 SAND HILLS METRO 55 9849.20
BONANZA CREEK ENERGY INC 03230705 516,808.00 64,870 00 4792 100483 $489.35 SAND HILLS METRO 55 626705
BONANZA CREEK ENERGY INC E9519560 $22807.00 96.610.00 4792 100 483 5664.19 SAND HILLS METRO 55 5363 55
BONANZA CREEK ENERGY INC E9521232 $11,751.00 63,410 00 4792 100.483 6342.65 SAND HILLS METRO 55 618755
BONANZA CREEK ENERGY INC 09521236 $5,752 00 $1,670.00 4792 100.483 6167.81 SAND HILLS METRO 55 59185
BONANZA CREEK ENERGY INC E9521249 $5,75200 $1,90004792 100483 6167.81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9522395 $5,752 00 61.670 00 4792 100483 6167.81 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC 09522399 5575200 61.670.00 4792 100 483 5167.01 SAND HILLS METRO 55 $91 85
BONANZA CREEK ENERGY INC E9523029 51406000 $4.080.004792 100483 5409.97 SAND HILLS METRO 55 522440
H
BONANZA CREEK ENERGY INC E9523631 38032600 310650004792 100463 51874.01 SAND HILLS METRO 55 $102575
BONANZA CREEK ENERGY INC E9523030 353255 00 $15440004792 100.483 61551.45 SAND HILLS METRO 55 $64910
AL.;t,;UUN 11l:Uaaai41 Commercial PROPERTY TAX NOTICE vvela county treasurer
PARCEL# P.O. BOX 458
TAX DISTRICT: 2013 TAXES DUE IN 2014 GREELEY, CO 80632-0458 1--=-L-1
TAX AUTHORITY TAX LEVY TEIIPTAX CREDIT• GENERAL TAX VALUATION ACTUAL ASSESSED
LAND $0 $0.00 l
BUILDINGS/IMPROVE SO $0.00
. PERSONAL $0 $000
, . TOTAL $0 $0.00 f
SR/VT EXEMPT $0 $0.00
NET TOTAL $0 $0.00
MESSAGES
#I Making a Payment tf2 Delinquent Payments
tf3 Payment Receipt #4&S Senior or Veteran Exemption
See Corresponding P on back of statement
i
TOTAL NET LEVY--> 57.877.33946 Email Verification Code:
LATE FILING FEE $0.00
SPECIAL ASSESSMENT 30.00
VETERANS EXEMPTION $0 00 •
GRAND TOTAL 57,877.339 46
5 13: I„abs in,ce of Sfivie Ley,sl,,l,vo Fund+nl.
LEGAL DESCRIPTION OF PROPERTY Un•aid •rloc sr taxes:
No
Contact Trwsuror s Office immediately If a number appear*above.
PAYMENT DUE DATE AMOUNT
FIRST HALF FEB 28,2014 $3,938,669.73
SECOND HALF JUNE 16,2014 $3,938,669.73
FULL PAYMENT APRIL 30,2014 $7,877,339.46
61:,4,'Ch.,Ms Riyablo in
BONANZA CREEK ENERGY INC
. ',I : , :r:, r::,I C•'1:1'IFI'.
ATTN;WADE JAQUES u,,., ..,,,:•q ......l•.,•tr,r.•:;o(I u,,,.
410 17TH ST STE 1500 1
DENVER,CO 80202-4453
.. '•• • • ' 2013 TAXES DUE IN 2014 , NO
I Contact Treasurer's Office Immediately it a"Yes"appears above.
RETURN THI$COUPON MOH SECOND HALF PAYMENTS
2nd Half Coupon l '-
______ ___.
00 NOT PAY THIS BILL IF
Weld County Treasurer YOUR MORTGAGE COMPANY I U9987497
'P.O.BOX458 Wilt MAKE THIS PAYMENT.
IF YOUR ADDRESS IS NOT CORRECT.
GREELEY,CO 80632-0458
Check this Ova 1st,:hnnni:of atlantSa mass chariot's anti Nilo IP'Ios,
••• •• BONANZA CREEK ENERGY INC
.. ATTN;WADE JAQUES
410 17TH ST STE 1500 .•. ,•
DENVER,CO 80202-4453
SECOND HALF DUE BY JUNE 16,2014
$3,938,669.73
Un• Id Adder ear taxes:
2013 TAXES DUE IN 2014 No
Contact Treasurer's Office Immediately it a_Yes"appears above. •
cif r(1HN THIS C011P(1N WITH FU,•:I rift(I i,,t lull t'AY1.li N,'.
Full Payment or 1st Half Coupon I
DO NOT I'AY THIS BILL IF SCHEDULE
!Weld County Treasurer YOUR MORTGAGE. COMPANY U9987491
BOX 58 IF YOUR ADDRESS IS NOT CORRECT.
GREELEY,CO II I. MAKE THIS PAYMENT •
CO80632.0458
Cher,.IS,!:nos tfr,rnanlie o1 atltlrr';s milt'I hanq«..and Nowt helm,
BONANZA CREEK ENERGY INC - • .• • •
FULL PAYMENT DUE BY APRIL 30,2014
.. , ATTN;WADE JAQUES $7,877,339.46
410 17TH ST STE 1500
DENVER,CO 80202-4453 FIRST HALF DUE BY FEB 28,2014 $3,938,669.73
WELD COUNTY ASSESSOR
STATE ASSESSED SUMMARY REPORT
Account# U9987491 State# Type OG Allocation Ro Status A Units 0 Dist.Ltr
Ownership
BONANZA CREEK ENERGY INC
ATTN;WADE JAQUES
410 17TH ST STE 1500
DENVER CO 802024453
Real Property Personal Property
Abstract Code 7710 Abstract Code
Actual Value 120,041,478 Actual Value 0
Assessed Value 105,036,294 Assessed Value 0
New Construction Actual Value 0 New Construction Actual Value 0
New Construction Assessed Value 0 New Construction Assessed Value 0
Authority RealActual RealAssd RP%PPActual PPAssd PP% RNCAct RNCAssd RNC% PNCActuaPNCAssd PNC°/0
WELD COUNTY 1.041,478 1,036.294 1 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE1 0 0 0 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE7 1,193,125 ',168,985 1 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE10J ,706,984 ,493,611 0 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE50J 1,141,369 1,373,698 0 0 0 0 0 0 0 0 0 0
NORTHERN COLORA 1,774,079 1,052,320 0 0 0 0 0 0 0 0 0 0
CENTRAL COLORAD 1.074,692 1,315,356 1 0 0 0 0 0 0 0 0 0
NORTH WELD COUN 8,719 7,629 0 0 0 0 0 0 0 0 0 0
CENTRAL WELD CO 1,772,149 !,050,630 0 0 0 0 0 0 0 0 0 0
CENTRAL COLORAD .249,599 1,593,399 0 0 0 0 0 0 0 0 0 0
KERSEY TOWN 27,292 23,880 0 0 0 0 0 0 0 0 0 0
LASALLE FIRE 0 0 0 0 0 0 0 0 0 0 0 0
PLATTE VALLEY FIR 1,854,772 1,372,926 1 0 0 0 0 0 0 0 0 0
WIGGINS FIRE 1,141,369 1,373,698 0 0 0 0 0 0 0 0 0 0
BRIGGSDALE FIRE ,706,984 .493,611 0 0 0 0 0 0 0 0 0 0
AIMS JUNIOR COLLE 1,900,109 1,662,596 1 0 0 0 0 0 0 0 0 0
HIGH PLAINS LIBRA 1,041,478 1,036,294 1 0 0 0 0 0 0 0 0 0
WEST GREELEY CO 1,944,707 1,326,619 1 0 0 0 0 0 0 0 0 0
PLATTE VALLEY CO 0 0 0 0 0 0 0 0 0 0 0 0
MORGAN CONSERV 1,450,015 1.893,763 0 0 0 0 0 0 0 0 0 0
Friday,January 10,2014 Page 1 oft
WELD COUNTY ASSESSOR
STATE ASSESSED SUMMARY REPORT
SAND HILLS METRO ',330,044 1,163.789 0 0 0 0 0 0 0 0 0 0
Real Actual WI Real Assd Val Real Percent PP Actual Val PP Assd Val PP Percent
SCHOOL 120,041,478 105,036,294 100.00000% 0 0 0.00000%
Friday,January 10,2014 Page 2 o12
Weld County Treasurer
Statement of Taxes Due
Account Number U995749 I Parcel
Legal Description Situs Address
Account: U998749I
BONANZA CREEK ENERGY INC
ATTN:WADE JAQUES
410 17TH ST STE 1500
DENVER,CO 80202-4453
Year Tax Interest Fees Payments Balance
Tax Charge
2013 57,877,339.46 5000 S0.00 SO 00 $7,877,339.46
Total Tax Charge 57,877,339.46
Grand Total Due as of 04130;2014 $7,877,339.46
Tax Billed at 2013 Rates tiff Fax Area A0207-SCHOOL DIST RE]
Authority Mill Levy Amount Values Actual Assessed
SCHOOL DIST RE7 12.06111111111 5930,735.13 T nal 41 SO
axes Billed 2_013 12.11o10Utio 5910.73x.13
Tax Billed at 2013 Rules Ibt Tax Area A 1366-SAND HILLS METRO
Authority Mill Levy Amount Values Actual Assessed
SAND HILLS MET RU 55 0000000 S2_,759Lux 35 Total SU 50
Taxes Billed 2013 53000111111(1 52.751.1111<3,5
I}0x Billed at 2_(113 Rates tot Tax Area A0100-WELD COUNTY
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 10.5041)000` 51.70?.070 X8 Total i0 SO
Taxer Billed 2_(113 I6.5041111011 SI,7b5,020 55
Credit Lcrc
lots Billed at 2013 Rtes fur Tax Area A030I -NORTHERN COLORADO WATER INC'WI
Authority Mill Levy Amount Values Actual Assessed
NORTHERN COLORADO WATER 11)00000n 5203052 32 laird 50 5n
(NC'
Taxes Billed 2_013 1.0000000 52_0.051 32
lFax Billed at 2013 Rates titrTax Area A01524 -BRIUGSDAI EIRE
Authority Mill Levy Amount Values Actual Assessed
BRIGGSDALE FIRE 4_t 1020000 55.977 41 tool SO Su
luses Billed 2)113 41102(111011 55.977.43
Tux Billed ut 2013 Rates For lax Area A1200-WEST GREIII.E.Y CUNSER5 A I ION
Weld County Treasurer
Statement of Taxes Due
Authority Mill Levy Amount Values Actual Assessed
WEST GREEI.EY CONSERVATION 0.414000(1 530.465 22 total SO SO
Taxes Billed 2013 0.41411000 530,465 22
Tax Billed at 2013 Rates for Tax Area A10511- HIGH PLAINS LIBRARY
Authority Mill Levy Amount Values Actual Assessed
HIGH PLAINS LIBRARY 3.2640000 514?83846 Total SO So
1 axes Billed 2)113 3.2640000 5342.838.46
Tax Billed at 2013 Rates ter Tax Area AOS15-PTA Ill E VALLEY FIRE
Authority Mill Levy Amount Values Actual Assessed
PLATTE VALLEY FIRE 5 I65)1001) S3784171.16 Total 5O 511
Taxes Billed 2(113 S 1650000 5378971.16
Tax Billed at 21113 Rates for Tax Area A117011-AIMS JUNIOR COLLEGE
Authority Mill Levy Amount Values Actual Assessed
AIMS JUNIOR COLLfia 6 3090000 $495.731.68 Total SO SO
Taxes Billed 201? 6 3021)0110 5495.731 68
Tax Billed at 2013 Rams to,Tax Area A05211 • WIGGINS FIRE
Authority Mill Levy Amount Values Actual Assessed
WIGGINS FIRE 4.0650000* S1072(19.08 focal SO SO
Taxes Billed 2_013 4.0650000 511172(10.08
*Credit Levy
lax Billed a1 21113 Rana lot I as Are,A0417 -KERSEY TOWN
Authority Mill Levy Amount Values Actual Assessed
KERSEY TOWN 17_'11500111) 5410 86 Total SO SO
Taxes Billed 21113 17 2050000 $4111 So
Tax Billed al 2013 Rates ter Tax Area A113119-C'EN I RAI CO1 ORADO WATER SUBDISTRICT(('CS)
Authority Mill Levy Amount Values Actual Assessed
CENTRAL COLORADO WAIN{ 11010000 S24.190 Ill Tow l SO S11
SUBD
Taws Billed_'1113 1 30100011 S_24.101)111
Lax Billed at 2013 Rates ler lax Area A0210-SO100L DIST REI0J
Authority Mill Levy Amount Values Actual Assessed
SCHOOL DISI RI'1)11 17.415001111 526.608.6(' Total 50 SO
Taxes Billed 2013 17 81511000 526.61)8 67
Tax Billed at_2rt l t Raps lot lax Area All?I7-CCHOOI DIM RF5nl
Authonty Mill Levy Amount Values Actual Assessed
SCHOOL O151 Rf.50.1 32.0850000 5541,200.ln Ioial Si) 50
loins Billed 2-011 31 0850000 5846.200.I0
Tax Billed at 21113 Runs l'er lax Area A113))2 -('BN I RAI.COLORADO WAI ER ICCWI
Authority Mill Levy Amount Values Actual Assessed
CEVIRAL COLORADO WATER I ssTOIo S1228PI 108 Total S0 SO
(COS
I
Weld County Treasurer
Statement of Taxes Due
Authority Mill Levy Amount
Tixes Billed 2013 I.8870000 $128,9II 08
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN
SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
Weld County Treasurer•P.O. Box 458,Greeley CO 80632• 1400 N 17th Ave. Greeley CO 80631 •(970)353-3845 ext. 3290
AGGUUN I R UB BILI Z Commercial PROPERTY TAX NOTICE vveia county I reasurer
PARCEL# 2013 TAXES DUE IN 2014 P.O. BOX 458
TAX bISTRICT: GREELEY, CO 80632-0458
• LAND $0 $0.001
BUILDINGS/IMPROVE $0 $0.00
PERSONAL $0 $0 00 I
TOTAL SO $0.00 I
SRNT EXEMPT $0 $0.00 i
NET TOTAL $0 $0.00 1
el Making a Payment #2 Delinquent Payments
el Payment Receipt #4&5 Senior or Veteran Exemption
See Corresponding N on back or statement
TOTAL NET LEVY-. 5828,18036 Email Verification Code.
LATE FILING FEE $0.00
SPECIAL ASSESSMENT 5000
VETERANS EXEMPTION 5000
GRAND TOTAL 5828,180.36
S 13 25- lip dhson of Sine Lennse ,su Fundm9.
.ui, m.¢.nr LL•e'r �l I.u,u� +. v,r l ...,. .ne c,. ,
LEe AL•ESC I TI•N •FPR•PERTY U • IC • 1 •rteaec
No
Contact Treasurers Office immediately it a number appear•above.
I FIRST HALF FEB 28,2014 $414,090.18
SECOND HALF JUNE 16,2014 $414,090.18
FULL PAYMENT APRIL 30,2014 $828,180.36
nt.lav t ht..5♦ Payablo to
BONANZA CREEK ENERGY INC
Si ,. . III n. "1:1 NCI 'Fit)
ATTN;WADE JAQUES
410 17TH ST STE 1500
DENVER,CO 80202-4453 ,1 e,.
• 2013 TAXES DUE IN 2014 No
Contact Treasurer's Office Immediately it a"Yes"appears abate.
qFT ll(IN IIIIV COUPON loll !i,((:CIND IIAIi-PAYMENTS
2nd Half Coupon 2
III IIIIIII
IIIIIIIIIIII
III wMdrCtuntycouponTreasurer
moment lot 58 00 NOT PAY THIS BILL IF
(Weld County Treasurer YOUR MORTGAGE COMPANY 09987492
IF YOUR ADDRESS IS NOT CORRECT.
GREELLEY,6080632-0458 WILL MAKE THIS PAYMENT.
Check Inis box let mantle n1 nnnrvas lease Lnanarrl:um one moe.
•-• -. - BONANZA CREEK ENERGY INC
.. .. ATTN;WADE JAQUES
410 17TH ST STE 1500
DENVER.CO 80202-4453
SECOND HALF DUE BY JUNE 16,2014
$414,090.18
- 2013 TAXES DUE IN 2014 No
Contact Treasurer's Office immediately it a"Yes- t:Taars above. I
IIF TURN Mr,C-l)I II'tlN WIT 111 Ii•.1 Pint (1[I 11111 10/W1.11 Ill,.
Full Payment or 1st Half Coupon 1
III 'Milli HOMO li- :.., DO NOT PAY THIS BILL IF s •
Weld ••
WCounty Treasurer YOUR MORTGAGE COMPANY U9987492
'P.O.BOX 458 1V 111 MAKE'. TINS PAYMENT.
IF YOUR ADDRESS IS NOT CORREC T, GREELEY,Co 80632-0458
um(s nn",t,,,, r„lll.lrnlr nl,111111•:\ 111.151(hinge,moll ,nl'' .
. BONANZA CREEK ENERGY INC FULL PAYMENT DUE BY APRIL 30,2014
ATTN;WADE JAQUES $828,180 36
410 17TH ST STE 1500
DENVER,CO 60202-4453 FIRST HALF DUE BY FEB 28.2014 $414,090.18
WELD COUNTY ASSESSOR
•
STATE ASSESSED SUMMARY REPORT
Account# U9987492 State# Type OG Allocation Ro Status A Units 0 Dist.Ltr
Ownership
BONANZA CREEK ENERGY INC
ATTN;WADE JAQUES
410 17TH ST STE 1500
DENVER CO 802024453
Real Property Personal Property
Abstract Code 7730 Abstract Code
Actual Value 13,679,306 Actual Value 0
Assessed Value 11,969,393 Assessed Value 0
New Construction Actual Value 0 New Construction Actual Value 0
New Construction Assessed Value 0 New Construction Assessed Value 0
Authority RealActual ReaAssd RP%PPActual PPAssd PP% RNCAct RNCAssd RNC% PNCActualPNCAssd PNC%
WELD COUNTY 1,679,306 ,969,393 1 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE1 57 50 0 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE7 1,564,576 1.369,005 1 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE10J 228.833 200,229 0 0 0 0 0 0 0 0 0 0
SCHOOL DIST RE50J 1,885,839 1,400.110 0 0 0 0 0 0 0 0 0 0
NORTHERN COLORA 1,830,000 1,351,250 0 0 0 0 0 0 0 0 0 0
CENTRAL COLORAD ',842,306 1,862,018 1 0 0 0 0 0 0 0 0 0
NORTH WELD COUN 3,435 3,006 0 0 0 0 0 0 0 0 0 0
CENTRAL WELD CO 1,170,518 1,774,203 0 0 0 0 0 0 0 0 0 0
CENTRAL COLORAD 1,778,032 1,430.778 0 0 0 0 0 0 0 0 0 0
KERSEY TOWN 3,905 3,417 0 0 0 0 0 0 0 0 0 0
LASALLE FIRE 57 50 0 0 0 0 0 0 0 0 0 0
PLATTE VALLEY FIR 1,094,171 ',957,400 1 0 0 0 0 0 0 0 0 0
WIGGINS FIRE 1,885,839 1,400,110 0 0 0 0 0 0 0 0 0 0
BRIGGSDALE FIRE 228,833 200,229 0 0 0 0 0 0 0 0 0 0
AIMS JUNIOR COLLE 1,793,467 1.569.284 1 0 0 0 0 0 0 0 0 0
I HIGH PLAINS LIBRA 1,679,306 ,969,393 1 0 0 0 0 0 0 0 0 0
WEST GREELEY CO 1,030,829 1,526,976 1 0 0 0 0 0 0 0 0 0
PLATTE VALLEY CO 57 50 0 0 0 0 0 0 0 0 0 0
MORGAN CONSERV 409,031 357,902 0 0 0 0 0 0 0 0 0 0
Friday,January 10,2014 Page I of 2
WELD COUNTY ASSESSOR
STATE ASSESSED SUMMARY REPORT
SAND HILLS METRO 1,003,097 1,377,710 0 0 0 0 0 0 0 0 0 0
Real Actual Val Real Assd Val Real Percent PP Actual Val PP Assd Val PP Percent
SCHOOL 13,679,306 11,969,393 100.00000% 0 0 0.00000%
Friday,January 10,2014 Page 2 of 2
Weld County Treasurer
Statement of Taxes Due
Account Number U9987492 Parcel
Legal Description Situs Address
Account: U9987492
BONANZA CREEK ENERGY INC
ATTN; WADE JAQUES
410 17TH ST STE 1500
DENVER, CO 80202-4453
Year Tax Interest Fees Payments Balance
Tax Charge
2013 5828,180.36 50.011 50.00 $0.00 $828,180.36
Total Tax Charge 5828.180 36
Grand Total Due as of 04(30(2014 $828,180.36
lax Billed at 2013 Rates tort Tax Area A02117-SCHOOL DIST RE7
Authority Mill Levy Amount Values Actual Assessed
SCHOOL DIST KE7 12 0610000 510),)38 56 lin:I 511 SO
Taxes Billed 2013 12 06 10000 SI00.43,x 56
Tax Billed at 2013 Rates for Tax Area A1366-SAND HILLS ML IRO
Authority Mill Levy Amount Values Actual Assessed
SAND HILLS METRO 55(1000000 5240.774(14 Total $n SO
lases Billed 2013 55(mono S2_40_774 04
Tax Billed at 2(113 Rates for Tax Area Alllllll-WELD COUNTY
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.1014000111' S201.133 68 Total Si) SU
Faxes Billed 21113 In.Still Halo Sa_01.I I3 6s
"Credit Loy
lax Billed at 21113 Rates tort Tux Area A113111 -NOR I11E12N COLORADO WA I l'R 1 NCA11
Authority Mill Levy Amount Values Actual Assessed
NORTHERN COLORADO WATER I OOOOO0 53.3512 1„rll SO S0
(NC
Taxes Billed 2013 I.Iuam0011 h3.351 25
Tax Billed at 2013 Kates for Tax Area A11524-BRIGGSDALE I-IRI
Authority Mill Lees Amount Values Actual Assessed
BRIGGSDALE FIRE 4 OO2OOO stilt 1.12 Total S0 Si]
taxes Billed 21113 4.002001111 5801 32
lux Billed at 2013 Rates For]ax Area Al200-WEST CRI l 1.1V CONSERI A I ION
Weld County Treasurer
Statement of Taxes Due
Authority Mill Levy Amount Values Actual Assessed
WEST GREELEY CONSERVATION 0.41400110 S4,358 17 I'olal SO SO
taxes Billed 21)13 0.41-010111) 54,358.17
Tax Billed at 2013 Rates for Tax Area A1050-HIGH PLAINS LIBRARY
Authority Mill Levy Amount Values Actual Assessed
111O11 PLAINS LIBRARY 3.2640000 S30,068.10 Total SO SO
Taxes Billed 2013 3.2640001) 530,068.IV
Tax Billed at 2013 Rates Iiir Tax Area A0201 -SCHOOL O151 It El
Authority Mill Levy Amount Values Actual Assessed
SCHOOL DIST REI 9.7600000 5049 lbcd SO SO
Taxes Billed 2_013 0.7600000 50.49
Tax Billed at 2013 Rates I'or Tax Area AIIS11 -LASALLE FIRE
Authority Mill Levy Amount Values Actual Assessed
L ASA ELL EIRE 5.1540000 S0.20 Total SI) SO
Taxes Billed 2013 5.1540000 S026
lax Billed at 2013 Rates for Tax Area A0515-PLATTE VALLEY FIRE
Authority Mill Levy Amount Values Actual Assessed
P LATLE VALLEY FIRE 5.165110011 S41.099 97 Total 5)) SO
Taxes Billed 2013 5.165(1010 ¶11,090.07
Ln Billed ai 2(113 Kiln lui link Area A11700-AIMS JUNIOR Col.I FGE
Authority Mill Levy Amount Values Actual Assessed
,VMS JUNIOR COI-).ITT 6.3020000 554.1)03.62 Total SU SO
Taxes Billed 2013 6.3112110110 554,0113.62
Rlx Billed a)2013 Rates to Tax Area A11520 WIGGINS FIRE
Authority Mill Levy Amount Values Actual Assessed
WIGGINS FIRE 4)16500009 513821.45 Total So So
Loxes Billed 2013 4 06500110 S13.821.45
*Ueda I cxc
T.n Billed at 2(1(3 Rate,So Tax Arcs At)417-KERSEY TOWN
Authority Mill Levy Amount Values Actual Assessed
KL-RSIY TOWN 17.2050000 S5879 'foil SO SI)
lanes Billed 2013 17 20511111111 5i8.70
Tax Billed at 2013 Ram.Ilu In Area A013119-CENTR:Al COLORADO WATER SUBDISTRICT ICCS)
Authority Mill Levy Amount Values Actual Assessed
CENTRAL COLORADO WA"IER 1.3011(0011 53.162.44 lutal Si) SO
SU13D
Tlxe.Billed 2ii 13 1.1011111011 53,162 44
Tax Billed in 2013 Kates lot lax Area A0210-SCHOOL.DIST RE101
Authority Mill Levy Amount Values Actual Assessed
SCHOOL DISI 121:1uJ 1'78150000 S3.56/08 Total SO till
Inn:.Billed?It l3 17 8150000 55.5671)8
Weld County Treasurer
Statement of Taxes Due
Tax Billed at 2013 Rates ha Tax Area A0217-SCHOOL DIST RE?IIJ
Authority Mill Levy Amount Values Actual Assessed
SCHOOL DIST RESOD 32(18500(111 $101.1192.51 Total SO SO
Taxes Billed 2013 32 0850000 $100,092 51
lax Billed at 2013 Rates tin'Tax Area A0302-CENTRAL COLORADO WATER(C'C W I
Authority Mill Levy Amount Values Actual Assessed
CENTRAL COLORADO WATER 1.5870000 SI2948.63 Total SO SO
(CC W
Taxes Billed 2013 1.8870000 $12.945.63
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES. PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN
SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
Weld County Treasurer•P.O.Box 458, Greeley CO 80632• 1400 N 17th Ave, Greeley CO 80631 •(970)353-3845 ext. 3290
EXHIBIT B
DATE FILED:January 3,2014 4:31 PM
DISTRICT COURT, WELD COUNTY, COLORADO FILING ID:46Ds5134D4DD51
Weld County Courthouse CASE NUMBER:2013CV30928
901 9th Ave.
Greeley, Colorado 80631
Plaintiffs: Bill Barrett Corporation and
Bonanza Creek Energy, Inc.
Involuntary State of Colorado;
Plaintiffs: Weld County, Colorado; and
Noble Energy, Inc.
v.
Defendants: Sand Hills Metropolitan District, f/k/a
Altamira Metropolitan District No. 6;
United Water and Sanitation District;
and the Town of Lochbuie, Colorado
♦ COURT USE ONLY •
Richard Kirk Mueller, #16746
Ann T. Lebeck, #42424
DAVIS GRAHAM & STUBBS LLP
1550 Seventeenth St. Suite 500
Denver, CO 80202
Telephone: 303-892-9400 Case No. 2013 CV 030928
Facsimile: 303-893-1379
E-mail: kirk.mueller@dgslaw.com Ctrm. Division 5
ann.lebeck@dgslaw.com
Attorneys for Plaintiffs Bill Barrett Corporation and
Bonanza Creek Energy, Inc.
AMENDED COMPLAINT
Plaintiffs Bill Barrett Corporation ("BBC") and Bonanza Creek Energy, Inc. ("Bonanza
Creek") state and allege the following for their Amended Complaint against Defendants Sand
Hills Metropolitan District, formerly known as the Altamira Metropolitan District No. 6 ("Sand
Hills" or the "District"), United Water and Sanitation District ("United Water"), and the Town of
Lochbuie, Colorado ("Lochbuie" or the "Town"):
INTRODUCTION
Defendant Sand Hills was organized with Lochbuie's approval in 2004 for the purpose of
developing 1,496 single family home units and 70,000 square feet of commercial space within
the Town's boundaries. After several years of inactivity and zero revenue, Sand Hills
transplanted itself from a small area within Lochbuie to an isolated area owned by Sand Hills'
president Robert ("Bob") Lembke some 30 miles away and began collecting millions in taxes
from oil and gas producers operating within its new boundaries. In nearly a decade's time since
its organization, Sand Hills has done nothing to develop housing units or commercial space in
Lochbuie. Instead, using taxes collected under its 2004 service plan, it has prepared rough
engineering designs of fanciful water collection and delivery systems to accommodate estimated
future growth in the Weld County region. On December 23, 2013, the newly self-described
"regional special district" obtained Lochbuie's approval of a "modified" service plan by which
the District will provide special favors to the Town while developing "regional improvement"
projects paid for entirely by taxes on the District's few inhabitants.
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff BBC is a Delaware corporation with its principal place of business at
1099 18th Street, Suite 2300, Denver, Colorado 80202.
2. Plaintiff Bonanza Creek is a Delaware corporation with its principal place of
business at 410 17th Street, Suite 1400, Denver, Colorado 80202.
3. Defendant Sand Hills Metropolitan District, formerly known as the Altamira
Metropolitan District No. 6, is a special district organized under Title 32 of the Colorado Revised
Statutes with its principal office at 7995 Prentice Avenue, Suite 103E, Greenwood Village,
Colorado 80111. Sand Hills' President is Bob Lembke and its designated contact person is Sue
Blair, CRS of Colorado, LLC, 7995 Prentice Avenue, Suite 103E, Greenwood Village, Colorado
80111.
4. Defendant United Water and Sanitation District is a special district organized
under Title 32 of the Colorado Revised Statutes with its principal office at 7995 Prentice
Avenue, Suite 103E, Greenwood Village, Colorado 80111. United Water's President is Bob
Lembke and its designated contact person is Sue Blair, CRS of Colorado, LLC, 7995 Prentice
Avenue, Suite 103E, Greenwood Village, Colorado 80111.
5. Defendant the Town of Lochbuie, Colorado is a body politic and statutory town
located in rural Weld and Adams Counties, Colorado.
6. Involuntary Plaintiff the State of Colorado is a body politic with an interest in the
subject of this action and is so situated that disposition of this action in its absence might impair
or impede its ability to protect that interest or expose other parties to a substantial risk of
incurring double, multiple or otherwise inconsistent obligations by reasons of that interest and,
hence, should be joined as an involuntary plaintiff pursuant to C.R.C.P. 19(a). In addition, to the
- 2 -
extent this Amended Complaint requests declaratory relief(see Eighth Claim for Relief, infra),
C.R.S. § 13-51-101 et seq. and corresponding C.R.C.P. 57 provide that entities so situated "shall
be joined" to the litigation. C.R.S. § 13-51-115; see also C.R.C.P. 57(j).
7. Involuntary Plaintiff Weld County, Colorado, is a body politic with an interest in
the subject of this action and is so situated that disposition of this action in its absence might
impair or impede its ability to protect that interest or expose other parties to a substantial risk of
incurring double, multiple or otherwise inconsistent obligations by reasons of that interest and,
hence, should be joined as an involuntary plaintiff pursuant to C.R.C.P. 19(a). In addition, to the
extent this Amended Complaint requests declaratory relief(see Eighth Claim for Relief, infra),
C.R.S. § 13-51-101 et seq. and corresponding C.R.C.P. 57 provide that entities so situated "shall
be joined" to the litigation. C.R.S. § 13-51-115; see also C.R.C.P. 57(j).
8. Involuntary Plaintiff Noble Energy, Inc. ("Noble") is a Delaware corporation with
its principal place of business located at 100 Glenborough Drive, Suite 100, Houston, Texas
77067 and an office at 1625 Broadway, Denver, Colorado 80202. Noble has an interest in the
subject of this action and is so situated that disposition of this action in its absence might impair
or impede its ability to protect that interest or expose other parties to a substantial risk of
incurring double, multiple or otherwise inconsistent obligations by reasons of that interest and,
hence, should be joined as an involuntary plaintiff pursuant to C.R.C.P. 19(a). In addition, to the
extent this Amended Complaint requests declaratory relief(see Eighth Claim for Relief, infra),
C.R.S. § 13-51-101 et seq. and corresponding C.R.C.P. 57 provide that entities so situated "shall
be joined" to the litigation. C.R.S. § 13-51-115; see also C.R.C.P. 57(j).
9. This Court has jurisdiction over this action pursuant to Art. VI, Section 9 of the
Colorado Constitution, which provides that the district courts "shall be trial courts of record with
general jurisdiction, and shall have original jurisdiction" in all civil cases.
10. Venue is proper in this judicial district pursuant to C.R.S. § 32-1-207(3) because
this Court approved the organization of Defendant Sand Hills in 2004.
GENERAL ALLEGATIONS
11. The preceding allegations are incorporated as though set forth fully herein.
12. Plaintiff BBC is an oil and natural gas exploration and development company
with assets in the Rocky Mountain region.
13. Plaintiff Bonanza Creek is an exploration and production company focused on the
extraction of oil and associated liquids-rich natural gas in the United States.
14. Plaintiffs BBC and Bonanza Creek operate in Weld County, Colorado, and within
the current boundaries of Defendant Sand Hills. Noble, an independent energy company, also
operates in that area.
- 3 -
15. Plaintiffs BBC and Bonanza Creek are subject to and have paid ad valorem taxes
levied by Defendant Sand Hills as further detailed herein. Noble is also subject to and has paid
ad valorem taxes levied by Defendant Sand Hills.
16. Defendant Sand Hills is party to one or more "funding agreements" by which it
transfers money it has raised in ad valorem taxes levied upon Plaintiffs BBC and Bonanza Creek
to United Water and Sanitation District.
17. The Board of Directors of Defendants Sand Hills and United Water include three
or four of the same individuals, including Bob Lembke who is or at relevant times was the
president of both districts. Bob Lembke is also the owner of the surface property that is
contained within and comprises the boundaries of the Sand Hills District.
18. Plaintiffs BBC and Bonanza Creek pay severance tax revenues to the State of
Colorado. A portion of these severance taxes collected by Colorado is returned to Weld County
and local communities therein.
19. The ad valorem taxes collected by Sand Hills from Plaintiffs BBC and Bonanza
Creek reduce the severance tax revenues that the State of Colorado collects and thereby reduce
the revenues the State of Colorado provides to Weld County and local communities therein.
Organization of the Altamira Metropolitan District No. 6
20. Defendant Sand Hills was organized in late 2004 under the name "Altamira
Metropolitan District No. 6." The District was formed in conjunction with five other
metropolitan districts identified as the Altamira Metropolitan Districts Nos. 1 through 5.
21. The District's boundaries at the time of its organization in 2004 were located
entirely within the Town of Lochbuie, Colorado.
22. On October 6, 2004, Lochbuie approved the service plan for the District. A copy
of the service plan for the Altamira Metropolitan District No. 6 is attached as "Exhibit A" (the
"2004 Service Plan"). Based on the approved 2004 Service Plan, on November 12, 2004, the
Weld County District Court issued an Order and Decree organizing the Altamira Metropolitan
District No. 6.
23. The District's actions were, from its inception until December 23, 2013, governed
by the 2004 Service Plan.
The 2004 Service Plan
24. The 2004 Service Plan states that the District's purpose was to provide
infrastructure to support the construction of a residential neighborhood called the "Altamira
Development" in the Town of Lochbuie, near the intersection of Weld County Road 4 and Weld
County Road 37. In particular, the District was formed to "finance, construct and install local
- 4 -
and regional public improvements, including streets and traffic signals, and water, sewer, storm
drainage and park, open space and recreation facilities" for the Altamira Development on land
encompassed within the District and Altamira Metropolitan Districts Nos. 1 through 5. See
Exhibit A at 1, 3-4.
25. The 2004 Service Plan further states that the District "will work closely and
cooperate with the Town to serve and promote the health, safety, prosperity, security and general
welfare of the Altamira Development's inhabitants." Exhibit A at 4. Exhibits to the 2004
Service Plan identify and describe various improvements such as asphalt pavement, landscaping,
gutters and sidewalks, fire hydrants, water mains, sanitary sewers, manholes, 'Turn-a-bouts
(including Curbing and Landscaping)," storm sewers, drainage facilities, and "Neighborhood
Park Landscaping." See Exhibit A at Exhibit F at 1, 2-3.
26. Upon information and belief, Sand Hills has not constructed, or even begun the
construction of, any of the features or projects described in its 2004 Service Plan.
Inclusion of 70 Ranch, LLC Property and
Activation of the District as a Funding Mechanism for United Water
27. From 2005 through the end of 2009, Altamira Metropolitan District No. 6 had
zero revenue and zero expenditures.
28. On November 25, 2008, the District's Board of Directors, including Bob Lembke,
approved certification of a mill levy of 51.118 mills for its "general operating expenses." At the
time of the District's mill levy certification, the District's Board of Directors certified that the
District's gross assessed valuation was $60, so that its revenue for the 2009 year would be $0.
29. In April 2009, Bob Lembke— owner of 13,000 acres of property known as 70
Ranch, LLC ("70 Ranch")— filed a "Petition for Inclusion" with the Sand Hills Board of
Directors seeking to include the ranch within the District, A copy of the Petition for Inclusion is
attached as Exhibit B. The petition was filed pursuant to C.R.S. § 32-I-401(1) (a), which
provides that the "fee owner or owners" of"one hundred percent of any real property" may
petition to include such property within a special district.
30. The 70 Ranch property is located outside of, and approximately 30 miles removed
from, the Town of Lochbuie. Although the 70 Ranch property reportedly has less than ten
human inhabitants, it is the site of significant mineral exploration and production activities by
companies such as Plaintiffs BBC and Bonanza Creek who own various subsurface mineral
rights at the ranch.
31. Bob Lembke's Petition for Inclusion described, by metes and bounds,
approximately 13,000 acres of surface land and recited that Bob Lembke was the "fee owner" of
the described property and that "no other person, persons, entity or entities owns any fee interest
in the Property." See Exhibit B at 1. The petition did not include or describe any real property
in the nature of subsurface mineral interests at the 70 Ranch and did not purport to include nor,
- 5 -
pursuant to C.R.S. § 32-1-401(1)(a), could it have included the real property mineral interests
owned by Plaintiffs BBC and Bonanza Creek.
32. Within a few days, the District's Board of Directors (including Bob Lembke)
approved Bob Lembke's petition for inclusion of the 70 Ranch property. The inclusion of the 70
Ranch property was finalized on April 28, 2009, by Order of the Weld County District Court.
33. On November 24, 2009, the District's Board of Directors approved a budget and
mill levy certification for the following year. The certification was based on the newly included
70 Ranch property. However, despite the fact that they were not part of the newly included
surface property at 70 Ranch, the certification included the subsurface mineral leasehold
interests owned by Plaintiffs BBC and Bonanza Creek. The gross assessed valuation was
$17,785,350 and the Board of Directors approved a mill levy certification of 55.000 mills (for its
"general operating expenses").
34. The 2010 budget adopted by the District on November 24, 2009 earmarked
$912,275 for an "IGA [Intergovernmental Agreement] Payment" even though the District at that
time had not entered into any intergovernmental agreements.
35. In April 2010, Sand Hills entered into a "funding agreement" with Defendant
United Water (the "United Water Funding Agreement"). A copy of the United Water Funding
Agreement is attached as Exhibit C. In the United Water Funding Agreement, Sand Hills
pledged to "remit to United on a monthly basis as received, Net Revenues of Sand Hills." See
Exhibit C at 2, § 3.1.
36. Upon information and belief, the boundaries of United Water circumscribe a
small, vacant tract of land with no residents in Elbert County owned by Bob Lembke, or one of
his family members or entities.
37. In addition to Bob Lembke, who is president of both United Water and Sand
Hills, at least three other individuals are members of the Board of Directors of both the Sand
Hills and the United Water and Sanitation District.
38. Also in April 2010, the District moved for, and the Weld County District Court
issued, an Order Confirming Change of Name from Altamira Metropolitan District No. 6 to Sand
Hills Metropolitan District. Upon information and belief, the name "Sand Hills" is inspired by
the remote and desert-like landscape of the 70 Ranch property.
Exclusion of the District's Original Boundaries
39. On April 27, 2011, Sand Hills moved for an order excluding from its boundaries
that land originally comprising the Altamira Metropolitan District No. 6 in Lochbuie. The next
day, the Weld County District Court granted Sand Hills' motion.
- 6 -
40. As a result of the March 30, 2009 inclusion of the 70 Ranch property into Sand
Hills, and the April 27, 2011 exclusion of the Town of Lochbuie property from Sand Hills, the
District encompassed only the 70 Ranch property that is entirely outside of and approximately 30
miles removed from the Town of Lochbuie.
41. Despite the fact that no property in the Town of Lochbuie is contained within
Sand Hills' current boundaries and, as described below, the only tax revenues collected by the
District have been paid by inhabitants of the District's current boundaries at 70 Ranch, the
District and the Lochbuie Board of Trustees wrongfully continue to operate as though Lochbuie
retains jurisdiction over the District's activities.
The District Collects Millions in Taxes
42. Each year since December 2008, Sand Hills has certified a mill levy for its
"general operating expenses." Through this mill levy certification, Sand Hills has collected
millions in property taxes from owners of subsurface mineral interests at 70 Ranch including
Plaintiffs BBC and Bonanza Creek (and its affiliates and subsidiaries), among others (such as
Involuntary Plaintiff Noble), despite the fact that such mineral interests are not included in the
District.
43. Upon information and belief, Sand Hills has transferred substantial sums of the
mineral taxes it has collected to Defendant United Water and Sanitation District.
44. Pursuant to Colorado's mineral tax code, the ad valorem taxes collected by Sand
Hills from Plaintiffs BBC and Bonanza Creek give rise to a credit against, and therefore reduce,
the severance taxes payable to the State of Colorado. Moreover, because the State of Colorado
returns a significant portion of the severance tax revenues it collects to local jurisdictions, Sand
Hills' ad valorem taxes reduce the revenues available to Weld County and its localities.
45. To date, and despite inquiries made to Sand Hills, it remains unclear how the
funds generated by Sand Hills' tax levies have been used, although it is apparent that none of the
funds were used to finance the activities set out in the 2004 Service Plan. Upon information and
belief, much of the tax revenue has been channeled to Defendant United Water and other special
districts with which Bob Lembke is involved.
The District Abandons the 2004 Service Plan and Proposes
to Pursue Different Activities Pursuant to an Amended Service Plan
46. Pursuant to C.R.S. § 32-1-207(1), a special district such as Sand Hills must
conform its activities as far as practicable to its approved service plan. Sand Hills has taken
virtually no steps to implement the 2004 Service Plan and its activities to date have deviated
widely from those set forth in the plan.
- 7 -
47. After inquires by oil and gas producers within the District, including Plaintiffs,
about how their ad valorem tax revenues were being spent, the Sand Hills' Board of Directors
began developing drafts of a proposed modified service plan to legitimize its activities.
48. Pursuant to C.R.S. § 32-1-207(2), a special district may make material
modifications of its approved service plan only by petition to and with the approval of the
governing body of the county or municipality that approved the creation of the special district.
In April 2013, Sand Hills submitted a revised service plan to the Town of Lochbuie, followed by
another "Updated and Revised" service plan in September 2013. A copy of the September 2013
"Updated and Revised" service plan is attached as Exhibit D.
49. The "Updated and Revised" service plan, like the original 2004 Service Plan,
states that the District will make "local" improvements within Lochbuie by building such things
as streets, sidewalks, curbs and sanitation for the Altamira Development in Lochbuie, but states —
in addition—that the District will provide various "regional improvements" in Weld County such
as the construction of water truck depots and a "reservoir and recharge site" within the District's
boundaries, as well as a 36 mile-long pipeline to convey water from Kersey to Brighton,
Colorado. See Exhibit D at 7.
50. The "Updated and Revised" plan also calls for payment by Sand Hills to the
Town of Lochbuie to repair Lake Henry, a reservoir located in and belonging to Lochbuie that
has fallen into disrepair. Indeed, to encourage a "yes" vote by the Board of Trustees on its
proposed "Updated and Revised" service plan, Sand Hills committed to deliver a cashier's check
in the amount of$1.35 million to the Town immediately upon approval of the "Updated and
Revised" plan. See Proposed Stipulated Order to Joint Motion for Entry of Stipulated Order
herein, Filing ID 350978A0D95C6, at 11.c.
51. Pursuant to C.R.S. § 32-1-103(20), a special district must provide services for its
inhabitants and, pursuant to § 32-1-203(2) and Colorado case law, there must be a sufficient need
by and benefit to the taxpayers within a district's boundaries for the proposed services.
52. There is no need within Sand Hills' boundaries at 70 Ranch for the services
described in the 2004 Service Plan which would be provided 30 miles away in the Town of
Lochbuie. Likewise, there is no need for any of the services described in the "Updated and
Revised" service plan, many if not most of which would occur outside the boundaries and
vicinity of the 70 Ranch and some of which will benefit Lochbuie's inhabitants only.
53. Taxpayers within the District's boundaries at 70 Ranch, including Plaintiff
Bonanza Creek, notified Sand Hills that there is no need for the types of public infrastructure and
improvements described in the "Updated and Revised" service plan and that the improvements
would be of no benefit to the taxpayers within the District. See August 23, 2013 letter to Sand
Hills' counsel, Miller & Associates, Exhibit E hereto, at 1. Given that the District did not
implement the activities described in its 2004 Service Plan, and in the absence of any need for
the services described in the "Updated and Revised" plan, these taxpayers called upon the
- 8 -
District to prepare and file a petition for dissolution pursuant to C.R.S. § 32-1-701 et seq., and to
return the taxes it has collected to the taxpayers. Id. at 2. Sand Hills has refused to honor these
requests.
54. Pursuant to C.R.S. § 32-1-202(2.1), a special district's proposed service plan may
not be approved if a petition objecting to the service plan is filed "by the owners of taxable real
and personal property, which property equals more than fifty percent of the total valuation for
assessment of all taxable real and personal property to be included in such district." On
December 6, 2013, BBC and Bonanza Creek filed a petition objecting to the proposed "Updated
and Revised" plan tendered by Sand Hills and verifying that they owed real and personal
property comprising more than fifty percent of the total valuation for assessment of all taxable
real and personal property within the District. See December 6, 2013 letter to Town of
Lochbuie's counsel, Maureen Juran, Exhibit F hereto, at 1.
55. On September 16, 2013, without having secured approval to amend its 2004
Service Plan, Sand Hills filed a "notice" with this Court declaring its intention to undertake the
"planning, design, construction and financing" of myriad "facilities and improvements in Weld
County." See "Notice of Intention Pursuant to § 32-1-207(3)(b) Sand Hills Metropolitan
District, Weld County, Colorado," Filing ID No. 205 241 87094 1, Case No. 04CV 1743 (Dist. Ct.,
Weld County, Colorado), Exhibit G hereto. The improvements described in the September 16,
2013 notice were entirely unrelated to any activities set forth in the District's then operative 2004
Service Plan but tracked the activities described in the District's proposed (but not yet approved)
"Updated and Revised" service plan. In sum, Sand Hills gave notice that it intended to break the
law and, accordingly, Plaintiffs initiated this lawsuit.
56. After this suit was filed, Sand Hills reversed course and decided to seek formal
approval of its Updated and Revised Service Plan from the Town of Lochbuie. A public hearing
on the plan was held by the Town of Lochbuie Board of Trustees on December 17, 2013 at
which representatives of Plaintiffs BBC and Bonanza Creek presented statements and testimony
in opposition to the plan. On December 23, 2013, in a four-against-three vote, the Board of
Trustees approved the "Updated and Revised" service plan.
57. Upon information and belief, the following day, the Town received from the
District a cashier's check in the amount of$1.35 million—not a penny of which was raised by
taxes on property or citizens in Lochbuie— for the purpose of repairing Lochbuie's Lake Henry,
a project that provides no benefit to the taxpayer inhabitants of the District who were the source
of the money.
FIRST CLAIM FOR RELIEF
(Injunctive Relief Against Defendant Sand Hills
Based on District's Improper Assessment of Taxes
in Violation of C.R.S. § 32-1-1101(1)(a))
58. The preceding allegations are incorporated as though set forth fully herein.
- 9 -
59. Pursuant to C.R.S. § 32-1-1101(1)(a), a special district may levy and collect taxes
only upon "taxable property within the special district."
60. When Robert Lembke petitioned to include his property within Sand Hills, he did
so pursuant to C.R.S. § 32-1-401(1)(a) which provides that the "fee owner or owners" of"one
hundred percent of any real property" may petition to include such property within a district.
61. Mr. Lembke's petition identified and described only the surface estate of which
he was the sole owner and did not purport to include, nor could it have, the subsurface mineral
interests belonging to Plaintiffs BBC and Bonanza Creek and Involuntary Plaintiff Noble.
62. Despite the fact that Mr. Lembke did not petition for, and Sand Hills and the
Weld County District Court did not approve, the inclusion of the subsurface mineral interests
belonging to Plaintiffs BBC and Bonanza Creek, the District has certified and collected taxes
from these mineral interests since 2009.
63. Accordingly, Sand Hills has exceeded its authority and improperly collected
revenues and an injunction should issue as described in the Prayer for Relief infra.
SECOND CLAIM FOR RELIEF
(Injunctive Relief Against Defendant Sand Hills
Based on District's Failure to Conform With
2004 Service Plan in Violation of C.R.S. § 32-1-207(1))
64. The preceding allegations are incorporated as though set forth fully herein.
65. Pursuant to C.R.S. § 32-1-207, a special district must "conform so far as
practicable" to its approved service plan.
66. Since its inception in 2004, Sand Hills has not provided or attempted to provide
any of the services or facilities for which the District was organized despite the fact that it has
collected in excess of$4 million in ad valorem taxes pursuant to that plan.
67. Sand Hills now intends to expend funds raised pursuant to the authority it was
granted in its 2004 Service Plan on projects described for the first time in its newly approved
Updated and Revised Service Plan and, upon information and belief, has already delivered $1.35
million to the Town of Lochbuie to repair Lake Henry, a project not even mentioned in its 2004
Service Plan.
68. Accordingly, Sand Hills has failed to conform to its 2004 Service Plan and an
injunction should issue as described in the Prayer for Relief infra.
- 10-
THIRD CLAIM FOR RELIEF
(Injunctive Relief Against Defendants Sand Hills and the Town of Lochbuie
Based on the Improper Approval of Service Plan in Violation of C.R.S. § 32-1-207(2))
69. The preceding allegations are incorporated as though set forth fully herein.
70. Pursuant to C.R.S. § 32-1-203(1), the "approving authority" with respect to the
creation and operation of a special district is the board of commissioners in the county in which
the district is located. The sole exception to this rule occurs when a district's boundaries are
located "wholly" within the boundaries of a municipality in which event the municipality may be
designated as the "approving authority." Id.
71. At the time of its organization in 2004, Sand Hills was located wholly within the
Town of Lochbuie's boundaries. Since the District included the 70 Ranch property in 2009,
however, it has never thereafter been located wholly within the boundaries of Lochbuie. Indeed,
commencing in 2011 and through the present, no part of the District is located within the Town.
72. Pursuant to C.R.S. § 32-1-207(2), a special district may make material
modifications of its approved service plan by petition to and with the approval of the governing
body of the municipality that originally approved the creation of the special district, However,
such modifications must happen "in substantially the same manner as is provided for the
approval of an original service plan . . . ." Id. The "manner" for approving an original service
plan is set forth in C.R.S. § 32-1-203(1) which, as noted, dictates that the "approving authority"
is the board of county commissioners within whose boundaries the district is located.
73. While Sand Hills and the Town of Locbbuie have continued to operate as though
the Town remains the proper approving authority for the Updated and Revised service plan, the
Town was divested of its jurisdiction under C.R.S. § 32-1-203 in 2009 (or, at the latest, in 201 1)
when the District transplanted itself to the 70 Ranch location.
74. Moreover, the District's modified plans constitute a radical departure from its
original service plan that cannot properly be characterized as a "modification." A "metropolitan
district" by definition provides for its "inhabitants," yet Sand Hills' modified plan —propounded
after the District transplanted itself to a new location— provides services specially benefiting
non-inhabitants like the citizens of Lochbuie, as well as "regional" projects for the benefit of
unspecified users. Effectively Sand Hills has become a "regional metropolitan district" whose
newly-authorized activities may benefit users outside of its boundaries, perhaps even outside of
Weld County. As such, assuming that there is even authority for such a creature, it must follow
the procedures for the organization of a new district set forth at C.R.S. § 32-1-203(1).
75. An injunction should issue as described in the Prayer for Relief infra.
- 11 -
FOURTH CLAIM FOR RELIEF
(Injunctive Relief Against Defendants Sand Hills and the Town of Lochbuie
Based on the Improper Approval of Service Plan in Violation of C.R.S. § 32-1-202 (2.1))
76. The preceding allegations are incorporated as though set forth fully herein.
77. Pursuant to C.R.S. § 32-1-202(2.1), no service plan proposal by a special district
may be approved if a petition objecting to the service plan is filed "by the owners of taxable real
and personal property, which property equals more than fifty percent of the total valuation for
assessment of all taxable real and personal property to be included in such district."
78. On December 6, 2013, BBC and Bonanza Creek filed a petition objecting to the
proposed "Updated and Revised" plan tendered by Sand Hills and verifying that they owned real
and personal property the value of which exceeded fifty percent of the total valuation for
assessment of all taxable real and personal property within the District.
79. Despite the petition from BBC and Bonanza Creek, on December 17, 2013, in a
four-against-three vote, the Board of Trustees approved the "Updated and Revised" service plan.
80. An injunction should issue as described in the Prayer for Relief infra.
FIFTH CLAIM FOR RELIEF
(Injunctive Relief Against Defendant Town of Lochbuie
Based on Judicial Review of Lochbuie's Final Action
Pursuant to C.R.S. § 32-1-206(2) and/or C.R.S. § 24-4-106)
81. The preceding allegations are incorporated as though set forth fully herein.
82. Pursuant to C.R.S. § 32-1-206(2), the approval of a petition for organization of a
special district may be reviewed by a district court upon petition of any interested party and the
approval of a service plan may be denied upon a determination that the decision was arbitrary,
capricious or "unreasonable." Sand Hills' petition to modify its service plan should have been
presented as a petition for organization of a new district and, accordingly,judicial review should
be conducted pursuant to C.R.S. § 32-1-206(2).
83. In the alternative, Lochbuie's approval of Sand Hills' "Updated and Revised"
service plan is a final agency action reviewable pursuant C.R.S. § 24-4-106 upon petition of an
aggrieved party and subject to reversal by this District Court.
84. Plaintiffs herein are "interested parties" pursuant to C.R.S. § 32-1-206(2) and
appeared and presented objections to the Town of Lochbuie regarding the "Updated and
Revised" service plan. Plaintiffs are also parties adversely affected and aggrieved pursuant to
C.R.S. § 24-4-106 and had party status at the proceedings before the Town of Lochbuie
regarding the "Updated and Revised" service plan.
- 12 -
85. The Town of Lochbuie's decision should be reversed as "unreasonable" pursuant
to C.R.S. § 32-1-206(2) and as arbitrary, capricious, a denial of statutory right, contrary to
constitutional right, power, privilege or immunity, in excess of statutory jurisdiction, authority,
purposes or limitations, not in accord with procedures or procedural limitations and otherwise
contrary to law and not supported by the record pursuant to C.R.S. § 24-4-106.
86. In particular, in addition to the violations of Colorado constitutional, statutory and
case law described in Claims One through Four above, the Town of Lochbuie acted
unreasonably, arbitrarily and capriciously in approving the District's "Updated and Revised"
service plan given that 1) Sand Hills' inhabitants and taxpayers have no need for the
improvements and services described in the "Updated and Revised" service plan and 2) will
receive no meaningful benefit from the improvements and services described therein.
87. In addition, the Town of Lochbuie acted unreasonably, arbitrarily, capriciously,
and in contravention of law in approving the District's "Updated and Revised" service plan by
diverting District taxes to its own use, thereby depriving the State of Colorado, Weld County,
and local communities the benefit of severance tax revenues.
88. In further addition, the Town of Lochbuie acted unreasonably, arbitrarily,
capriciously, and in contravention of law by approving the District's "Updated and Revised"
service plan that is vague, ambiguous and lacking in specific descriptions or commitments to
construct projects or provide services in violation of C.R.S. §§ 32-1-202(2) and 32-1-203(2),
such that the District could not be held accountable to "conform" its activities to its plan as
required by C.R.S. § 32-1-207(1).
89. An injunction should issue as described in the Prayer for Relief infra.
SIXTH CLAIM FOR RELIEF
(Injunctive Relief Against Defendant Sand Hills
Compelling Refund of Revenues Pursuant to
TABOR Amendment, Colorado Constitution,Article X, § 20(1))
90. The preceding allegations are incorporated as though set forth fully herein.
91. Pursuant to Colorado's "Taxpayer Bill of Rights," Colorado Constitution, Article
X, § 24(a) ("TABOR"), voter approval is required in advance for "any new tax, tax rate
increase," or "mill levy above that for the prior year . . . ."
92. Pursuant to TABOR, Colorado Constitution, Article X, § 20(1), "revenue
collected, kept or spent illegally . . . shall be refunded with 10% annual simple interest" to the
taxpayers along with costs and reasonable attorney fees.
93. Upon information and belief, the only approval by taxpayers for the collection
and expenditure of tax revenues by Sand Hills has been pursuant to the 2004 Service Plan. Sand
Hills has, through its funding agreement with United Water and otherwise, collected and
- 13 -
disbursed revenues on matters or projects entirely unrelated to the services described in the 2004
Service Plan.
94. Accordingly, Sand Hills has illegally collected and disbursed tax revenues and
must refund those revenues with interest.
95. A mandatory injunction should issue as described in the Prayer for Relief infra.
SEVENTH CLAIM FOR RELIEF
(Injunctive Relief Against Defendants United Water and Town of Lochbuie
Compelling Return of Revenues Illegally Collected By and Received From Sand Hills
Based on Doctrines of Constructive Trust and/or Unjust Enrichment)
96. The preceding allegations are incorporated as though set forth fully herein.
97. Upon information and belief, as a result of the actions described above, Defendant
United Water has received revenue collected and obtained illegally by Sand Hills and has
otherwise benefited from Sand Hills' illegal imposition and collection of taxes.
98. Also as a result of the actions described above, Defendant Lochbuie has received
$1.35 million of revenue collected and obtained illegally by Sand Hills.
99. The funds and other benefits received by Defendants United Water and Lochbuie
were received and obtained at the expense of the District's taxpayers, including without
limitation Plaintiffs BBC and Bonanza Creek, and Involuntary Plaintiff Noble, and at the
expense of Involuntary Plaintiffs Weld County and the State of Colorado.
100. Defendants United Water and Lochbuie received these funds and benefits under
circumstances that would make it unjust for them to retain the funds and benefits.
101. Therefore, a constructive trust should be imposed upon the funds received by
Defendants United Water and Lochbuie from Sand Hills, and/or Defendants United Water and
Lochbuie should be deemed to have been unjustly enriched by their receipt of such funds and/or
benefits, and the amount received should be returned to Sand Hills for refunding to its taxpayers.
102. A mandatory injunction should issue as described in the Prayer for Relief infra.
EIGHTH CLAIM FOR RELIEF
(Action for Declaratory Relief pursuant to C.R.S. § 13-51-101 et seq.)
103. The preceding allegations are incorporated as though set forth fully herein.
- 14-
104. Pursuant to Colorado's Declaratory Judgment Act, C.R.S. § 13-51-101 et seq.,
this Court has the "power to declare rights, status, and other legal relations" of the parties herein.
C.R.S. § 13-51-105.
105. Plaintiffs BBC and Bonanza Creek seek declarations including, without
limitation, that:
(a) Since its organization, Sand Hills has not provided or attempted
to provide any of the services or facilities in the 2004 Service Plan for which
the District was organized and by which it was bound until at least December
2013 nor has it otherwise conformed with that plan;
(b) The real property interests belonging to BBC and Bonanza Creek
at the 70 Ranch were not and are not included within the District and the
District had and has no power or right to certify taxes upon such property;
(c) The District's inclusion of surface property at the 70 Ranch and
exclusion of property within Lochbuie from its original boundaries (i) divested
the Town of Lochbuie's approving authority over the District, and (ii)
constituted a material modification of its 2004 Service Plan or the creation of a
new district either or both of which required approval by the Weld County
Board of Commissioners;
(d) Sand Hills' actions — including, without limitation, entering into a
funding agreement with United Water and Sanitation District and transferring
$1.35 million to the Town of Lochbuie to repair Lake Henry—are
unauthorized, illegal, and ultra vires because those actions (i) lack any link to
the 2004 Service Plan or district inhabitants, (ii) do not address any need or
bestow any benefit upon taxpayers within the District, and (iii) were not
approved by taxpayers as required by TABOR;
(e) Because BBC and Bonanza Creek, as owners of real and personal
property allegedly contained within the boundaries of the District, the value of
which exceeds fifty percent of the total valuation for assessment of all taxable
real and personal property, filed an objection, the "Revised and Updated"
service plan should not as a matter of law have been approved;
(f) The Town of Lochbuie erred in approving the "Revised and
Updated" service plan because, without limitation: 1) there was no need for the
improvements and services described in the plan by the inhabitants and
taxpayers of Sand Hills, 2) there would be no meaningful benefit to the
inhabitants and taxpayers of Sand Hills from the improvements and services
described in the plan, 3) the plan improperly diverts funds that would have
been paid to the State of Colorado, Weld County, and local communities, and
- 15 -
4) the plan is vague, ambiguous and lacking in specific descriptions or
commitments to construct projects or provide services in violation of C.R.S. §§
32-1-202(2) and 32-1-203(2), such that the District could not be held
accountable to "conform" its activities to its plan; and
(g) Pursuant to C.R.S. § 32-1-701 et seq., the District should be
dissolved.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs Bill Barrett Corporation and Bonanza Creek Energy, Inc.
respectfully request that the Court enter judgment in their favor and against Defendants Sand
Hills Metropolitan District, United Water and Sanitation District, and the Town of Lochbuie,
Colorado, and grant relief as follows:
1. A preliminary and permanent injunction against Defendant Sand Hills prohibiting
it from certifying mill levies, collecting taxes, making expenditures, transferring any of its assets
or revenues, or taking any actions in furtherance of its 2004 Service Plan or "Revised and
Updated" service plan;
2. A declaration of the rights, status, and other legal relations and obligations of the
parties as described in the Eighth Claim for Relief above;
3. A preliminary and permanent injunction against Defendant Sand Hills
ordering it to refund all revenues collected by it to Plaintiffs and other taxpayers,
including all remedies provided by TABOR, Colorado Constitution, Article X, § 20(1);
4. A preliminary and permanent injunction against Defendants United
Water and Lochbuie ordering them to return all amounts received from Sand Hills for
Sand Hills to refund to Plaintiffs and other taxpayers;
5. An order directing Sand Hills Metropolitan District to implement
dissolution proceedings pursuant to C.R.S. § 32-1-701 et seq.;
6. Costs;
7. Reasonable attorneys' fees;
8. Pre-judgment and post-judgment interest to the extent permitted by law; and
9. Such other and further relief as the Court may deem proper and just.
- 16 -
Dated this 3"' day of January, 2014.
•
/s/ R. Kirk Mueller
R. Kirk Mueller, #16746
Ann T. Lebeck, #42424
DAVIS GRAHAM &STUBBS LLP
Attorneys for Plaintiffs Bill Barrett Corporation
and Bonanza Creek Energy, Inc.
- 17 -
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of January, 2014, a copy of the foregoing
AMENDED COMPLAINT was filed and served on the following via the Integrated Colorado
Courts E-Filing System(ICCES):
Darrell G. Waas
Mikaela V. Rivera
Waas Campbell Rivera Johnson & Velasquez LLP
1350 Seventeenth Street, Suite 450
Denver, CO 80202
waas@wcrlegal.com
rivera@wcrlegal.com
Counsel for Defendant Sand Hills Metropolitan District
Service upon newly added defendants and involuntary plaintiffs will be made pursuant to
C.R.C.P. 4.
/s/Tamara A. Stires
- 18 -
Davis
Graham& 'f` Richard Kirk Mueller
303 892 7456
L A W Stubbs LLP kirk.mueller@dgslaw.com
AIR I , i •
WELD E
April 14, 2014
Via Federal Express
Christopher M. Woodruff John R. Lefebvre,Jr.
Weld County Assessor Weld County Treasurer
1400 N. 17th Street 1400 N. 17th Street
Greeley, CO 80631 Greeley, CO 80631
Re: Bonanza Creek Energy, Inc.'s Petition for Abatement and Refund of Taxes Certified by
Sand Hills Metropolitan District and Collected by Weld County
Gentlemen:
On behalf of Bonanza Creek Energy, Inc. ("Bonanza"), together with its subsidiaries, I enclose
herewith a second "Petition for Abatement or Refund of Taxes" requesting the refund of all ad valorem
taxes levied by and paid to the Sand Hills Metropolitan District assessed in 2013. By letter date
November 19, 2013, we previously filed a petition for abatement of taxes paid to Sand Hills in 2012 and
before.
As with the first petition for abatement, we believe the taxes on Bonanza's property identified in
the petition, certified by the Sand Hills Metropolitan District and collected by Weld County, "have been
levied erroneously or illegally" as described in C.R.S. § 39-10-114 et seq.The bases for our contention
are set forth in the Amended Complaint filed in the Colorado District Court, District of Weld County,
Case No. 2013 CV 030928, a copy of which is submitted with the petition.
Should you have any questions or concerns with regard to the foregoing, or should you need any
additional information, please do not hesitate to contact me.
Sincerely,
(16:1 ALAJIL
R. Kirk Mueller
DAVIS GRAHAM&STUBBS LLP
Attorneys for Bonanza Creek Energy, Inc.
cc: Bruce Baker, Weld County Attorney
1550 17th Street, Suite 500 • Denver, CO 80202 • 303 892 9400 • fax 303 893 1379 • DGSLAW.COM
3149097.1
EXHIBIT A
Rafaela Martinez
From: Rafaela Martinez
Sent: Friday, May 02, 2014 12:46 PM
To: 'Kirk.Mueller@dgslaw.com'
com'
Cc: Esther Gesick; Rafaela Martinez; Stephanie Arries
Subject: Tax abatement Petitions for Bill Barrett Corp and Bonanza Creek Energy
Good Afternoon Kirk,
I was notified by Stephanie Arries,our Assistant County Attorney,that it would be best to have these petitions done as
quickly as possible. In order for us to get it going, I can set up a hearing date for you as early as Wednesday May 7,
however if you have any information you wish the Board to consider, it will need to be submitted at least 7 days prior to
the hearing.
The Commissioners meet every Monday and Wednesday morning at 9:00 AM. May 7, May 12, May 14, May 19, May 21,
May 26, and May 28 are the dates available for the Month of May.
Normal procedure requires us to allow 3 weeks time to our Applicants and Representatives to prepare and gather any
information for the hearing date. It is my understanding, and please correct me if I am wrong,that you wish to bypass
and waive this time allotment in order to bring the petitions to the Board sooner rather than later.
If that is the case, please utilize this Email as Notice of Petition for Tax abatements for Bill Barrett Corporation, Schedule
# E3261805+and Bonanza Creek Energy, Inc. (and its subsidiaries), Schedule# E9524892+.These items will go before
the Weld County Board of Commissioners on any given date referenced at the beginning of this E-Mail.
Please let me know if you have any questions or concerns on this matter. Also, please don't hesitate to contact me if you
require anything else or additional assistance.
I look forward to hearing from you and have a lovely weekend.
Sincerely,
Rafaela el. Martinez
Deputy Clerk to the Board
1150 O Street P.O. Box 758/Greeley, CO 80632
tel: (970)336-7215 X5226
4 it r� _ A
ir
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Rafaela Martinez
Subject: Tax Abatement Hearing Bonanza Creek Energy
Location: BOCC Hearing
Start: Mon 5/12/2014 9:00 AM
End: Mon 5/12/2014 10:00 AM
Recurrence: (none)
Meeting Status: Meeting organizer
Organizer: Rafaela Martinez
Required Attendees: Jackie Weimer; Chris Woodruff; Brenda Dones; CTB
ro
Bonanza Creek
fax abatement.pd..
All-
As a reminder,this Petition will not have a letter of Hearing Advisement, as this was confirmed via E-Mail with the
applicant.
Thank you,
t
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
1861 FAX: (970) 352-0242
liTiE1150 O STREET
- P O. BOX 758
\\ GREELEY, COLORADO 80632
v COUNTY 7)
May 20, 2014
Bonanza Creek Energy, Inc.
410 17th St, Suite 1400
Denver, CO 80202
RE: SCHEDULE NUMBER E9524892+
Dear Property Owner:
On May 12, 2014, the Board of Weld County Commissioners considered your petition for
abatement or refund of taxes and denied same.
Pursuant to Section 39-2-125(f), C.R.S., you have the right to appeal this decision to the State
Board of Assessment Appeals within thirty days. You may obtain the appropriate forms and
instructions from:
Board of Assessment Appeals, Department of Local Affairs,
1313 Sherman Street, Room 315
Denver, CO 80203
Phone: 303-866-5880
In preparation for appealing to the State Board of Assessment Appeals you may also go to the
following state link to obtain any further information you may need to proceed,
http://www.dola.state.co.us/baa/index.htm
(: ,
ery truly yours,
Rafaela A. Martinez
Deputy Clerk to the Board
cc: Assessor
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