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ti
DITH B SISNEROS
NOTARY PUBLIC
STATE OF COLORADO
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Reception#• 821766
07/24/2012 03:04:12 PM Jean Rlberico
1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GPRFIELD COUNTY CO
STATEMENT OF AUTHORITY
CONFORMED
COPY
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of Encana Oil & Gas (USA) Inc.
a corporation (corporation, limited liability
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity"), and states as follows:
The name of the Entity is Encana Oil & Gas (USA) Inc.
and is formed under the laws of the State of Delaware
The mailing address for the Ent i ty i_s 370 17th Street, Suite 1700
Denver, CO 80202
The name and/or position of the person authorized to
execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
Renato Busch, Jason Eckman, Mike Herndon and Chris Putnam
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as fol lows : sign permit applications and permits issued by Garfield County
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity
deals with any interest in real property are:
(if no other matter, leave /this section blank)
EXECUTED this l:3 day of July, p, , 2012..
u
Signature:
Name (typed or printed: Darrin J. Henke
Title (if any) : Vice -President
STATE OF Colorado
)SS.
COUNTY OF Denver
The foregoing instrument was acknowledged before me this f3� day of
QsJune ��. � , 2001 by Darrin J. Henke , on behalf of
Encana Oil di Gas (U5A) Inc. , a Delaware Corporation
11/os
witness my hand and official seal.
My commission expires:
My Commission Expires 03/17/2016
` r
r(Notary Public)
■iii hr.:PINTIIIMERIT,Ifill IiiIINg1,6117%1111.1 11 iii
Reception#: 826874
11/13/2012 03.43:16 PM Jean Rlberico
11111 1 of 17 Rec Fee.a91.00 Doc Fee.0.00 GRRFIELD COUNTY CO
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SHORT FORM OF SURFACE LEASE FOR CDP FACILITIES
STATE OF COLORADO
COUNTY OF GARFIELD
TI IIS SIIORT FORM OF SURFACE LEASE FOR CDP FACILITIES ("Short Form Lease") is
executed effective as of November 1, 2012 (the "Effective Date"), by and between Encana Oil & Gas
(USA) Inc., whose address is 370 17d Street, Suite 1700, Denver, Colorado 80202 ("Lessor"), and
Hunter Ridge Energy Services LLC, whose address is 370 17th Street, Suite 1700. Denver, Colorado
80202 ("Lessee").
RECITALS
A. Lessor is the owner of the surface estate of the parcels of real property more particularly
described on Exhibit A attached hereto (hereinafter referred to as the "Surface Estate") and as depicted
on the aerial photographs attached hereto as Exhibit B.
B. The Surface Estate is located within the boundaries of a larger tract of land owned by the
Lessor as more particularly described on Exhibit C (the "Property").
C. Lessor owns central delivery point facilities used in connection with oil and gas
gathering located on the Surface Estate together with all facilities, fixtures, machinery, equipment, and
other personal property associated therewith and the concrete foundation or form on which the such
facilities are located, including without limitation, all pump skids, separation, electric power generation,
associated piping and sub -systems (such as fuel gas regulation, chemical injection pumps, and tanks),
and all instruments and controls required for measurement (as the same may from time to time be altered.
modified, improved, relocated or otherwise changed, collectively, the "CDP Facilities").
D. Concurrently with the execution and delivery of this Short Form Lease, Lessor assigned
the CDP Facilities to Lessee and the Lessor agreed to lease to Lessee the Surface Estate for purposes of
operating and maintaining the CDP Facilities pursuant to the terms and conditions of this Lease.
A GREEMENT
1. Surface Lease Agreement. This Short Form Lease is part of and shall be construed in
connection with that certain Surface Lease for CDP Facilities dated effective as of November I , 2012 (the
"Surface Lease," and collectively with this Short Form Lease. the "Lease"). Nothing stated herein shall
expand or diminish the rights granted under the Surface Lease. Reference should be made to the Surface
Lease for the additional rights and obligations of Lessor and Lessee. In the event of any conflict between
the terms of this Short Form Lease and the Surface Lease, the terms of the Surface Lease shall control.
2. Grant.
a. Pursuant to the Surface Lease and as further set forth herein, Lessor leases to
Lessee and Lessee hereby leases from Lessor, on a non-exclusive basis, the Surface Estate for the purpose
of maintaining, inspecting, altering, repairing, operating, protecting, replacing or removing the CDP
Facilities.
2213988-1
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■Ili Ira NaI h14 ililtrif141+.G 41, thitiOkkilli 11111
Reception#: 826874
11/13/2012 03:43:16 PM Jean Rlberico
2 of 17 Rec Fee:$91.00 Doc Fee:C.00 GARFIELD COUNTY CO
b. Lessee shall have the rights of ingress and egress to access the Surface Estate and
that certain central delivery point system located adjacent to the Property and identified as the 107 CDP
on the attached Exhibit C (the "I07 CDP"), only on existing roads located on the Property, as marked and
identified on the attached Exhibit C as may be necessary for Lessee to perform operations associated with
the CDP Facilities and/or the 107 CDP (the "Access Roads"). Notwithstanding the foregoing, in the case
of an emergency (as reasonably determined by Lessee) Lessee may access the Surface Estate or the I07
CDP via any access that Lessee deems reasonably necessary given the circumstances, in which case
Lessee shall give notice to Lessor promptly of such alternate access.
c. It is understood that the rights granted to Lessee in the Lease are granted on a
non-exclusive basis and that Lessor shall retain and reserve any and all property rights not leased to
Lessee, including, without limitation, Lessor's reasonable use of the Surface Estate for Lessor's oil and
gas operations and the right to grant to third parties concurrent leases to the Surface Estate; provided
Lessor shall use its reasonable efforts to limit any use of the Surface Estate that would materially interfere
with Lessee's use of the Surface Estate as authorized under the Lease. The Parties agree to consult in
good faith to reasonably accommodate each other's operations on the Surface Estate. Each Party shall
provide the other Party with fifteen (15) days prior written noticc before conducting any operation that
may materially affect or interfere with the other Party's rights in and to the Surface Estate. Lessor and
Lessee each hereby represents and warrants that it has the full right and authority to enter into the Lease.
d. The Lease is effective commencing on the Effective Date and shall expire at
11:59 P.M. on the day immediately preceding the ninety-ninth (996') year anniversary of the Effective
Date, unless (i) Lessee, or any of its successors or assigns, ceases operation of the CDP Facilities for a
period of twelve (12) consecutive months (in which case the Lease shall expire on the last day of the
calendar month following such period of non -operation), provided that, in the event of any casualty,
condemnation or force majeure event, such twelve month period shall be extended on a day for day basis
during the period of time that Lessee is diligently undertaking design, development or construction
activities, or otherwise pursuing restoration of the affected CDP Facilities, in connection with a casualty
or condemnation relating to the affected CDP Facilities, or during the period of time in which Lessee, the
Surface Estate or the affected CDP Facilities are subject to a force majeure event, or (ii) the Lease is
terminated sooner pursuant to the terrns hereof (the "Initial Term"). The Lease shall extend on an annual
basis for so long after the Initial Term as Lessee continues to use the Surface Estate for the use of the
CDP Facilities with no cessation of operation of the CDP Facilities for a period of twelve (12)
consecutive months or more and otherwise complies with the terms and conditions of the Lease (the
Initial Term, as extended, the "Term"). For purposes of the Lease, the term "force majeure event" shall
mean an act of God, act of terrorism, strike, lockout, or other industrial disturbance, act of the public
enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, the actions of governmental
authorities, restraint or inaction, unavailability of equipment, or inability to gain access, ingress or egress
to conduct operations (including without limitation delays in or inability to obtain permits, approvals or
clearances from applicable governmental authority, so long as Lessee uses its commercially reasonable
best efforts to obtain any such permits, approvals or clearances from such governmental authority), or
other event beyond the reasonable control of Lessee.
e. Lessee shall not assign or sublease all or any portion of the Lease, other than
Permitted Assignments (as defined below), without the express written consent of Lessor, which consent
shall not be unreasonably withheld. In connection with a Permitted Assignment described in subsections
(1) and (2) below, or if consent is granted to an assignment that is not otherwise a Permitted Assignment,
the assignee or sublessee must assume the Lessee's obligations under the Lease that accrue from and after
the date of such assignment or sublease (provided that Lessee continues to he responsible for obligations
that accrue prior to such date of assignment or sublease unless such assignee also assumes such
obligations as well) and agree to assume, and become bound by, the terms and conditions of the Lease.
2
tilr.6 WIC ' 1114, PICIC W1. 11111
Reception#: 826874
11/13/2012 03:43:16 PM Jean Alberino
3 of 17 Rec Fee:$91.O0 Dao Fee:0.00 GARFIELD COUNTY CO
The Lease shall be binding upon and inure to the benefit of Lessor and Lessee, their respective legal
representatives, successors and assigns. Notwithstanding anything to the contrary contained herein,
Lessee may, at any time and from time to time, and without the consent of Lessor (each, a "Permitted
Assignment"):
(1) Transfer, sell or otherwise convey all or any portion of Lessee's rights
and interests under the Lease to an affiliate of Lessee; and
(2) In connection with the sale of all (or substantially all) of Lessee's assets,
transfer, sell or otherwise convey all of Lessee's rights and interests under the Lease to a buyer of such
assets.
3. Survey. Prior to the first anniversary of the Effective Date and at Lessor's sole cost and
expense, Lessor shall obtain an as -built survey of the Surface Estate (the "Survey"). Effective upon
delivery of a copy of the Survey to Lessor, Exhibit A as attached to this Short Form Lease shall be
replaced in its entirety with the Survey and the Survey shall be made a part hereof. The Short Form Lease
with the Survey attached as a new Exhibit A shall be recorded in the real property records of Garfield
County, Colorado.
4. Successors and Assigns. The Lease shall run with the land and shall inure to the benefit of and
shall be binding upon Lessor and Lessee, and their respective legal representatives, successors and
assigns.
[Remainder of Page Intentionally Left Blank]
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1111 Ir+I rmi.l t W WPM 11 III
Reception4: 826874
11/13/2012 03:43:16 PM Jean 0co
111/1 4 of 17 Rec Fee:391.00 Doc Fee.0,0.0.00 ORRFIELD COUNTY CO
IN WITNESS WHEREOF, Lessor and Lessee have executed this Short Form of Surface Lease
for CDP Facilities effective as of the Effective Date.
LESSOR:
ENCANA OILS(USA) INC.
By: ! ��
Name: Ricardo D. Gallegos
Title: Vice President
STATE OF COLORADO
SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 31 st day of October, 2012, by
Ricardo 17. Gallegos as Vice President of Encana Oil &. Gas (USA) Inc., a Delaware corporation.
11111 Witness my hand and official seal.
My Commission Expires:
(Seal)
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PUBIC
TE OFC ' )R.
11/ COIT6a331013 IC3
a—_
Notary Public
[signature pages to Short Form of Surface l.eace for COP Facilities continued on next page]
■111 IMYri MZ1,E' 171.%11A PiTI4IL1v111 .IFPii ' 11 111
40 Receptionit• 826874
11/1312012 03:43:16 PM Jean Rlberico
5 of 17 Rec Fee:$91.00 Doc Fee:0.00 GARFIELD COUNTY CO
LESSEE:
HUNTER RIDGE ENERGY SERVICES LLC
By:
Name: Darrin Henke
Title: Authorized Person
STATE OF COLORADO
CITY AND COUNTY OF DENVER
}
) ss.
The foregoing instrument was acknowledged before me this 31st day of October, 2012, by Darrin
Henke as an Authorized Person of Hunter Ridge Energy Services LLC, a Delaware limited liability
company.
Witness my hand and official seal.
� F .q i
PA' *" h FL
NOTARY PUEL.ik
STATE OF COLORADO
v�+r Ccm icalo^1 x3irec pre!'i-120'f,
``-tLLt,i
Notary Public
[end of signature pages to Short Form Surface Lease for CDP Facilities]
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1111 An POTIOA VIM 1161110,01,11 11 II
Reception#: 826874
1111312012 03:43.16 PM Jean fllherico
6 of 17 Rec Fee:$91.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A
Legal Description
Attached to that certain Short Form of Surface Lease for CDP Facilities by and between
Encana Oil & Gas (USA) Inc., as lessor, and, Hunter Ridge Energy Services LLC, as lessee
CDP Facility
Name*
Legal Description
A03 CDP
That certain tract of land containing 0.6 acres, more or less, located in the NE'%4NE'
of Section 3, Township 5 South, Range 96 West of the 6th Principal Meridian,
Garfield County, Colorado,
A27 CDP
That certain tract of land containing 1.4 acres, more or less, located in the NE'/,NE'/.
of Section 27, Township 4 South, Range 96 West of the 6th Principal Meridian,
Garfield County, Colorado
D04 CDP
That certain tract of land containing 0.5 acres, more or Less, located in the
NW'/<NW`/ of Section 4. Township 5 South, Range 96 West, 6th Principal Meridian,
Garfield County, Colorado
F09 CDP
That certain tract of land containing 1.4 acres, more or less, located in the SE'/4NW'/4
of Section 9, Township 5 Snuth, Range 96 West of the 6th Principal Meridian,
Garfield County, Colorado
G1 7A CDP
That certain tract of land containing 2.3 acres, more or less, located in the SW'ANE'/4
of Section 17, Township 5 South, Rang 96 West of the 6th Principal Meridian,
Garfield County, Colorado
J25 CDP
That certain tract of land containing 2.4 acres, more or less, located in the NW1%SE'A
of Section 25, Township 4 South, Rangc 96 West of the 6th Principal Meridian,
Garfield County, Colorado
K22/K22A CDP That certain tract of land containing 2.0 acres, more or less, located in the NE'ASW%
of Section 22, Township 4 South, Rand 96 West of the 6th Principal Meridian,
Garfield County, Colorado
K35 CDP
That certain tract of land containing 0.9 acres, more or less, located in the NE'/ SW %4
of Section 35, Township 4 South, Range 96 West of the 6th Principal Meridian,
Garfield County, Colorado
A-1
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nil �Ni�� h� � �i��� Aligerfili111,111iii
Reception#: 826874
11/13/2012 03:43:16 PM Jean Alberico
7 of 17 Rec Fee:$91.00 Doc Fee:0 00 GARFIELD COUNTY CO
Exhibit B
Aerial
Attached to that certain Short Form of Surface Lease for CDP Facilities by and between
Encana Oil & Gas (USA) Inc., as lessor, and, Hunter Ridge Energy Services LLC, as lessee
* The boundaries to the Surface Estate for each CDP Facility described in Exhibit A are outlined on the
aerial photographs included with this Exhibit B.
[see attached photographs]
B-1
A03 CDP SITE
LOCATED IN:
NE1/4 NE1/4 SECTION 3, T5S, R96W, 6th, RM.
Encana Oil & Gas (USA) Inc.
ATCR
SURVEYING
Wasatch Surveying Associates
906 Main Street Evanston, Wyoming 82930
Phone No. (307) 789-4545 Fax (307) 789-5722
0
A03 CDP
GARFIELD COUNTY, COLORADO
PROJECT No. 12-04-51
AERIAL EXHIBIT DATE: 8/28/2012
SCALE, 1 inch = 100 feet
of 1
A27 CDP SITE
LOCATED IN:
NE1/4 NE1/4 SECTION 27, T4S, R96W, 6th, P.M.
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A27 CDP SITE
Encana Oil & Gas (USA) Inc.
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ATC; Wasatch Surveying Associates
908 Main Street Fvanaton, 1,4ti•oming 82930
SU RVEYING Phone No. (307) 789-4545 Fax (307) 789-5722
Scale in Feet
A27 CDP
GARFIELD COUNTY, COLORADO
AERIAL EXHIBIT
PROJECT No. 12-04-51
DATE: 8/2872012
SCALE: 1 inch = 100 feet
1
of 1
D04 GDP SITE
LOCATED IN:
NW1/4 NW1/4 SECTION 4, T5S, R96W, 6th, P.M.
Encana Oil & Gas (USA) Inc.
l
SURVEYING
ATCH
EVAHStOM, W\O04Ib6
%'asatch Surveying Associates
906 Main Street Evanston, Wyoming 82930
Phone No (307) 789-4545 Fax (307) 789-5722
o— DO4CDP
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GARFIELD COUNTY, COLORADO
AERIAL EXHIBIT
PROJECT No. 12-04-51
DATE- 8128/2012
SCALE. 1 inch = 100 feet
1
of I
F09 CDP SITE
LOCATED IN:
SE1/4 NW1/4 SECTION 9, T5S, R96W, 6th, P.M
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Encana Oil & Gas (USA) Inc.
ATM
SURVEYING
EVANetcY. WVOMI.YG
Wasatch Surveying Associates
906 Main Street Evanston, Wyoming 82930
Phone No. (307) 789-4543 Fax (307) 789.5722
F09 CDP
GARFIELD COUNTY, COLORADO
AERIAL EXHIBIT
PROJECT No 12-04-51
DATE: 6/28/2012
SCALE: 1 inch = 100 feet
1
of 1
1
GI7A CDP SITE
LOCATED IN:
SW1/4 NE1/4 SECTION 17, T5S, R96W, 6th, P.M.
taablCeaiacaeel6b6 IIFFafCCICIBIii FII6QIICCC65I:Gi;mt50 i.Gi ICI IB8C;a2Ff+eC as
G17A CDP SITE
CIB11111S-151I I II" aB 05CI6C54CB6IGC65i5464[6
ATC/
SURVEYING
uv... Cron. w.o n.11
Wasatch Surveying Associates
906 Main Street Evanston, Wyoming 82930
Phone No. (307) 789-4545 Fax (307) 789-5722
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Encana Oil & Gas (USA) Inc.
G17A CDP
GARFIELD COUNTY, COLORADO
AERIAL EXHIBIT
PROJECT No. 12-04-51
DATE: 8/28/2012
SCALE: 1 Inch - 100 feet
1
of 1
J25 CDP SITE
LOCATED IN:
NW1/4 SE1/4 SECTION 25, T4S, R96W, 6th, F.M.
Encana Oil & Gas (USA) Inc.
J25 CDP
GARFIELD COUNTY, COLORADO
SU RVEYING
cvAnsroN. 1(1•01,11,0
Wasatch Surveying Associates
906 Main Street Evanston, Wyoming 82930
Phone No. (307) 789-4545 Fax (307) 789-5722
PROJECT No. 12-04.51
AERIAL EXHIBIT
DATE: 8/28/2012
1
SCALE: 1 inch — 100 feet
of 1
K22/K22A CDP SITE
LOCATED IN:
NE1/4 SW1/4 SECTION 22, T4S, R96W, 6th, P.M.
K22A CDP SITE
Encana Oil & Gas (USA) Inc.
ATMWasatch
ATC906
SURVEYING
Surveying Associates
Mao, Street Evanston, W'\ommg 82930
Phone No (307) 789.4545 Fax (307) 789-5722
o _ K22/K22A CDP
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GARFIELD COUNTY, COLORADO
AERIAL EXHIBIT
PROJECT No. 12-04-51
DATE: 8/29/2012
SCALE: 1 inch = 100 foot
1
of 1
K35 GDP SITE
LOCATED IN:
NE1/4 SW1/4 SECTION 35, T4S, R96W, 6th, P.M.
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K35'CDP SITE f.=
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At", ATCR
1i SURVEYING
cr.nsroa.
Wasatch Surveying Associates
906 Main Street Evanston, Wyoming 82930
Phone No (307) 789-4545 Fax (307) 789-5722
o
Encana Oil & Gas (USA I Inc.
IC35 CDP
GARFIELD COUNTY, COLORADO
AERIAL EXHIBIT
PROJECT No. 12-04.51
DATE: 8/28/2012
SCALE: 1 inch = 100 foot
T1
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1111 II HI
Receptlon#: 826874
11/13/2012 03:43.16 PM Jean ALberico
16 of 17 Rec Fee.$91.00 Doc Fee:0.00 GPRFIELD COUNTY CO
Exhibit C
Property
Attached to that certain Short Form of Surface Lease for CDP Facilities by and between
Encana Oil &. Gas (USA) Inc_, as lessor, and, Hunter Ridge Energy Services LLC, as lessee
[see attached map}
C-1